The Judiciary

Canada's Court System: New Approaches to Justice

The Nunavut Court of Justice

When the territory of Nunavut was established in 1999, a new kind of court in Canada was created as well. The Nunavut Court of Justice combines the power of the superior trial court and the territorial court so that the same judge can hear all cases that arise in the territory. In Nunavut, most of the communities are small and isolated from the capital of Iqaluit, so the court travels to them "on circuit." The circuit court includes a judge, a clerk, a court reporter, a prosecutor, and at least one defence attorney. Court workers and Crown witness coordinators might also travel with the circuit court, depending on the cases to be heard. Interpreters are hired in the communities when possible, or travel with the circuit court when necessary. In addition to holding regular sessions in Iqaluit, the court flies to most communities in Nunavut at intervals that range from six weeks to two years, depending on the number of cases.

Unified Family Courts

Unified family courts, found in several provinces, permit all aspects of family law to be dealt with in a single court with specialized judges and services. The unified family courts consist of superior court judges, who hear matters of both provincial/territorial and federal jurisdiction. These courts encourage the use of constructive, non-adversarial techniques to resolve issues, and provide access to a range of support services, often through community organizations. These services differ from province to province but typically include such programs as parent-education sessions, mediation, and counselling.

Sentencing Circles

Sentencing circles, pioneered in the Yukon Territorial Court in the early 1990s, are now used in much of the country, mostly at the provincial/territorial court level and in cases involving Aboriginal offenders and victims. Sentencing circles are part of the court process, though not courts in themselves, and they can be a valuable means of getting input and advice from the community to help the judge set an appropriate and effective sentence.

Sentencing circles generally operate as follows: After a finding or admission of guilt, the court invites interested members of the community to join the judge, prosecutor, defence counsel, police, social service providers, community elders, along with the offender, the victim and their families and supporters, and meet in a circle to discuss the offence, factors that may have contributed to it, sentencing options, and ways of reintegrating the offender into the community. Everyone is given the chance to speak. Often the circle will suggest a restorative community sentence involving some form of restitution to the victim, community service, and/or treatment or counselling. Sometimes members of the circle will offer to help ensure that the offender lives up to the obligations of the community sentence, while others may offer to provide support to the victim.

It is important to note, though, that sentencing circles do sometimes recommend a period of custody. Moreover, the judge is not bound to accept the circle's recommendations.