Sheshatshiu man opts for rare Innu sentencing circle - Action News
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Sheshatshiu man opts for rare Innu sentencing circle

A Sheshatshiu man facing two counts of assault recently opted to have a sentencing circle as part of his court proceedings and Sheshatshiu Innu First Nation Justice Coordinator David Penashue hopes more people will do the same.

'Were trying our best to bring it back to the community'

Sheshatshiu Innu First Nation Justice Coordinator David Penashue says last week's sentencing circle was the first of its kind to take place in about a decade. (Jacob Barker/CBC)

ASheshatshiuman facing two counts of assault recently opted to have a sentencing circle as part of his court proceedings andSheshatshiu Innu First Nation Justice Coordinator David Penashuehopes more people will do the same.

"We're trying our best to bring it back to the community," he told CBC News.

Penashueestimates it's been about 10 years since the community'slast sentencing circle.

"This stuff on the table. When they ask you to hold the bible, 'Are you telling the truth, the whole truth and nothing but the truth?' That's almost like this, David Penashue said of the symbols of Innu culture throughout the room. (Jacob Barker/CBC)

For one to take place, both the accused and the complainant have to agree to it. The accused must also admit guilt and own up to their actions.

"If you do that, then the healing part starts. Then you talk about deep stuff, what happened to you when you were young. What happened to you in that cycle of your life," he said.

Penashuesaid the process lends itself well to cases where alcohol or substance abuse is involved.
An elder said that a drum would help turn things around for those being sentenced. (Jacob Barker/CBC)

"The reason why we took that drug, we tried to kill that pain. What happened to us in the past, when you try to kill that pain. In that alcohol, in that drink,we react on that. We hurt other people."

The circular room at the Mary May Centre in Sheshatshiu fits thepurpose well. During the circle, it wasfilled with court staff judge, crown and defense.

Those affected by the crime were also present. Community members offeredtheir stories and, in some cases, shared their own struggles with substance abuse and how they continue to work through it. All were called upon to speak.

Jack Penashue says the sentencing circle was a very emotional experience for all involved.

"It was very emotional, actually," saidJack Penashue, the social health director for the Sheshatshiu Innu First Nation.

"I think there is a situation where the accused is asking the court to hear the history, and also echo some of the challenges in terms of what he has gone through and set a picture."

They're still not drinking. They're still not doing crimes.- DavidPenashue,SheshatshiuInnuFirst Nation Justice Coordinator

"He's not making up excuses in terms of more leniency. But more of a process where we canhave a dialogue between the court system and the Innu and have that discussion. It's much more inclusive," he said.

The circle sentencing takes place before the judge delivers the sentence for the accusedcrime. Those who attend are asked to make sentencing recommendations but, at the end of the day, the final decision is made by the trial judge.

David Penashuesaid past sentencing circles have proved successful.

"They're still not drinking. They're still not doing crimes. They still watch what they say and what they do. They still involve people to help them."