On just choices

The Edmonton Journal reports on a criminal justice program that's working wonders for the Alexis First Nation. And not surprisingly, it's flexibility and rehabilitation, not blanket sentencing, that's getting the job done:

When an offender comes before the court in Alexis, (Judge Peter) Ayotte and the other three provincial court judges will usually refer the offender to a justice committee, made up of 12 to 16 Alexis community leaders.

If the offender is willing to admit his crime and wants to change his life, the justice committee will set up a rehab program.

The offender will then face the judge again, who will put the offender on probation, rather than send him to jail. Only in the most serious and violent cases do the judges send an offender to jail without input from the justice committee...

"We give people this opportunity, and we are prepared to be as flexible as possible, but (offenders) know, and I say it on the record all the time, 'If you don't comply with the direction of the court that has given you a break, I will ask for jail, and it won't be 14 days, it will be a real jail sentence.' And we do that."

The process has transformed many lives and led to fewer criminal cases at Alexis, (prosecutor Wes) Dunfield says. Court days are not nearly as long as they used to be.

The article notes that similar systems are now being contemplated by several other First Nations reserves. What's less clear, though, is why a similar model couldn't be applied on a much wider basis.

So far the program appears to have reduced both costs and crime, which should surely be positive signs for the system as a whole. And if the program is predicated on close connections between prosecutors, police officers and the community, then that should be a reason to try to build a more community-based model where it doesn't exist now - not a reason to assume that similar initiatives can't be undertaken elsewhere. Indeed, at least some commentators have already suggested wider application of a similar principle.

Of course, the Cons almost certainly won't be interested in a criminal justice system that defines justice in terms of positive post-offence outcomes rather than anger and vengeance. But it'll be worth watching how the Cons' plan for stricter sentencing compares to the Alexis principle of giving a second chance combined with an assurance that any non-compliance will be caught. And based on the results so far, there's every reason to think the Alexis model will come out ahead.