Source: (2000) Gazette 62 (5/6): 4-7.
An appellate judge in Canada, Bayda acknowledges the difficulty in getting the judiciary to recognize the legitimacy of restorative justice. Nevertheless, in 1999 the Canadian Supreme Court affirmed restorative justice, particularly for the adjudication of aboriginal people, in a significant decision (R. v. Gladue). Bayda explores the implications for the judiciary of this direction set by the Supreme Court: cultural issues in communication; identifying and applying legitimate restorative justice programs with respect to sentencing; and the necessity of political and public support for restorative justice.
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