Source: (1995) Justice as Healing (Fall).
This is an excerpt from a majority decision written in 1995 by Justice Sherstobitoff of the Saskatchewan Court of Appeal. A trial judge had used the findings of a sentencing circle to determine an alternative sanction to a criminal offense. The Crown (Canada), arguing against the legality of the sentencing circle and the resulting sentence, had appealed. This excerpt details the majority reasoning concerning the nature and purpose of sentencing, especially in relation to the Canadian justice system (including the Criminal Code) and Aboriginal culture and practices. Particular attention is paid to the restorative premises and purposes of sentencing circles.
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