Judges' Attitudes about and Experiences with Sentencing Circles in Intimate-Partner Abuse Cases

Abstract

During the 1980s and 1990s, two important changes that occurred in criminal processing were seemingly at odds for intimate-partner abuse cases. The first was the move to treat gender-violence cases more seriously and more punitively. The second was the design and implementation of restorative justice practices, which was mandated for consideration in First Nations cases in R. v. Gladue in 1999. There has also been an ongoing debate globally as to whether restorative justice is appropriate in gender-violence cases. Additionally, some First Nations scholars worry that restorative justice is simply another way of controlling and punishing Aboriginal peoples. This study draws on interviews with 27 judges in a large Western province, a year before the Gladue decision, regarding their attitudes to and experiences with sentencing circles in intimate-partner abuse cases. The findings suggest cautious judicial support tempered by serious concerns.