• IRJC consists of a Chair, Vice-Chair, Secretary and regular members.
• member appointments are two (2) to three (3) year terms.
• IRJC provides a restorative justice alternative to the court system for resolving disputes involving offenders and offences deemed appropriate for diversion by the Crown and the Ottawa Police Service. To achieve this objective, the Committee seeks to:
I. Develop, implement and evaluate TI’s restorative justice program to ensure current relevant practices are maintained;
II. Advocate, educate and raise awareness of restorative justice initiatives as legitimate alternatives to criminal justice sentencing outcomes;
III. Maintain a safe environment for victims, offenders and community and facilitate the efforts of repairing the harms resulting from a crime and restore harmony for all involved;
IV. Foster healing and wellness for victims, offenders and community, based on the 8 guiding principles of Inuit Qaujimajatuqangit;
V. Foster involvement, empowerment, accountability, equality and resiliency of all parties affected by crime
• A Diversion Protocol Agreement between Tungasuvvingat Inuit, IRJC and Ottawa Crown Attorney’s Office was signed off on April 28, 2021. Other Diversion Protocol Agreements with OPS and other justice agencies will be explored at a later date.
I. Diversion means a restorative justice process in which an accused is diverted out of the court system and into a formalized alternative program which focuses on addressing the harm caused by crime while holding the accused accountable for their actions. This process provides an opportunity for the accused, the victim, their supporter(s), and Justice Committee members, including Elders to discuss and address the impact of crime, in a culturally relevant way.
II. The diversion client must accept responsibility for his or her wrongdoing.
III. The following types of offences may be diverted to the Committee:
• All Summary Conviction Offences.
• Hybrid Offences in circumstances where the Crown elects, or would normally elect, to proceed summarily, subject to the provisions of section 7.
• Break-and-enter offences, except in cases where an offence listed in.
• Section 7 was committed in the course of the Break-and-enter offence.
• Other offences in exceptional cases on the recommendation of the Crown with written consent.
IV. The following offences will not be diverted to the Committee, except in accordance to Crown Policies:
• Sexual assaults;
• Spousal abuse;
• Child abuse matters; and
• Other offences which Crown policies restrict for Diversion.
• Charges that hold Mandatory Minimum Sentences
V. The participants of the Diversion process will decide on the duration of the Diversion agreement but will not exceed 90 days from period of acceptance of program except for exceptional circumstances.
VI. The Diversion process is as follows:
• The Crown is responsible for the screening of potential diversion of Inuit clients.
• The client agrees to Diversion, the Crown will provide the charge synopsis and criminal record to the Restorative Justice Liaison (RJL).
• RJL is responsible for explaining the diversion process to the client.
• RJL is responsible for the intake process.
• RJL presents the matter to IRJC for their review and approval.
• IRJC decides to accept or not accept the matter for Diversion, no longer than two weeks after receiving the file.
• If accepted, IRJC members will be assigned to facilitate the conferencing sessions.
• RJL will provide a written letter(s) of acceptance of the matter.
• RJL will provide progress reports to the Crown, client and Facilitators to ensure all involved are aware of the timeframe of completion, success/struggles in the completion of the diversion process.
• The Crown agrees to inform the RJL of the return dates of the diversion client so that there is adequate time to prepare a letter of progress.
• Upon the Successful completion of the established/agreed upon Healing Plan by the diversion client, the RJL will inform the Crown Attorney of the outcome and the charge(s) against the diversion client will be withdrawn.
• If the Committee believes a diversion client has failed to follow the Diversion agreement, it the RJL will notify the Crown agency within two to four business days.
• If the diversion client is unable to complete their Healing Plan conditions, the RJL will inform the Crown Attorney in a timely fashion. The charge(s) against the client will then be concluded in the Courts.
• If a formally diverted case requires victim input, the RJL may make a request to the Crown to have this involvement.
• For sentencing purposes, the Court may be advised that Diversion was not completed.