Restorative Justice Protocol

Context

The Department of Fisheries and Oceans (DFO) – Gulf Region has entered into a Restorative Justice Protocol (RJP) for fisheries-related offences with the Mi’kmaq Confederacy of Prince Edward Island (MCPEI), Lennox Island First Nation, Abegweit First Nation and the Public Prosecution Services of Canada (PPSC). The agreement was signed on Month Date, 2018. 

Discussions started in 2009 to develop a protocol for an RJP among the DFO, the PPSC, the Lennox Island First Nation and the Abegweit First Nation to add Fisheries Act offences to their Indigenous Justice Program.

A draft protocol was developed by a working group consisting of members from DFO, DFO Legal Services, the PPSC and the MCPEI. That draft led to the Diversion Protocol that was agreed to by all parties. 

The Pacific region currently employs a restorative justice model in dealing with Fisheries Act offences that has proven to be very effective. The PEI program will be modelled after the existing Pacific model.

Objective

The purpose of the Restorative Justice Protocol is to develop and maintain a program for members of the Mi’kmaq community who become involved in the PEI justice system. Those who are eligible for the program are bound by a mutual agreement under which they accept responsibility for their actions and comply with the alternative measures put in place under the RJP.

The MCPEI Indigenous Justice Program, upon which this RJP is based, creates an environment that allows Indigenous people to use a traditional justice system based on holistic community values.

Moving Forward

The Implementation Working Group will prepare a formal implementation plan once all partners will have signed off on the protocol. An operational committee has been established at the local level to implement this protocol in collaboration with the MCPEI.

The DFO National Chief Enforcement Program is developing a National Action Plan for Restorative Justice to become a standard enforcement tool for all regions.