When you live in a free and just society, it is easy to take for granted just how fortunate we are. For all its blemishes, the Canadian Justice System is something to be proud of. It is sophisticated and compassionate, flexible and fair.
Take, for example, a case from Monday morning's docket. A 20-something kid was facing a charge of being in care or control of his vehicle while impaired by alcohol.
He wanted to plead guilty, which did not sit well with Yorkton provincial court judge Ross Green because the young man did not have legal representation.
The accused was quite determined to settle the matter, but the judge gave him several opportunities to back out of his plea and consult an attorney.
I could plainly see what I suspect Green was getting at. While the young man understood the charge against him, he clearly did not appreciate the full scope of the possible consequences.
Impaired care or control is a very serious matter. It carries a criminal record and a mandatory one-year prohibition from driving.
This kid has a job that requires a driver's licence. So, in addition to future employment ramifications and possible travel restrictions, a guilty plea potentially has very real and immediate life-altering consequences.
Of course, a sitting judge is not at privilege to give advice to defendants before him. Luckily, there was an Aboriginal justice worker in court, who offered to consult, although the youth is not a First Nations person.
When they returned to court, the accused had changed his mind and Judge Green struck the guilty plea.
Chances are he will eventually be convicted, but counsel might have something to say about it. On two breath tests, the kid blew 0.10 and 0.09. I have seen good defence attorneys deftly take apart these kinds of results.
In any event, if he is convicted, at least he will have had the benefit of legal representation, a fundamental tenet of a fair and just system.
It also impresses me how far we have come in terms of restorative justice. Despite the current federal government's "tough on crime" stance, we are not, generally speaking, a retributive society. Yes, there are many cases in which the traditional concepts of punishment for retribution and deterrence are necessary, but our courts attempt to balance that with the greater good.
The hallmark of a sophisticated justice system is not how many criminals it can lock up, but how much it contributes to creating a better society.
In Saskatchewan we call it Alternative Measures. This is something that has been available to the courts for a long time in youth cases, but since 1996 it also applies to adults. At the Yorkton courthouse, defence and crown attorneys work cooperatively to divert a significant portion of cases out of the criminal realm.
The philosophy behind Alternative Measures is basically that certain matters are better settled outside the traditional justice system. It involves victims, offenders and the community working together toward a mutually acceptable outcome. It often involves some form of victim restitution.
Offenders are able to see what effects their crimes have on others. Proponents say it is rehabilitative and preventative.
Most charges under the Criminal Code and the Controlled Drugs and Substances Act are eligible for Alternative Measures, particularly for first offences.
Unfortunately for the young man in the case described above, Criminal Code offences involving alcohol do not qualify.
Other crimes that do not qualify are pretty much what people might expect: weapons charges, child sexual abuse, sexual assault and other violence against persons.
Justice is never perfect, but I feel privileged to live in a country that does its best to make it so.
