habilitation, and to involve the community in a meaningful way in sharing responsibility for sentencing.Any person who has broken the law may request a sentencing circle. If the person pleads guilty or has been found guilty of a charge by a court, than an individual can ask the judge to refer him to a sentencing circle. The decision as to whether or not a sentencing circle will be granted is the judges alone. He or she will consider several factors in the decision as to whether or not to grant a sentencing circle. These factors are: 1)The accused must agree to be referred to a sentencing circle; 2)The accused must have deep roots in the community in which the circle is held and from which the participants are drawn; 3) That there are elders or respected non-political community leaders willing to participate; 4) The victim is willing to participate and has been subjected to no coercion or pressure in so agreeing; 5)Disputed facts have been resolved in advance; 6)The case is one which a court would be willing to take a calculated risk and depart from the usual range of sentencing. (Katapamisuak Society, 1993,3) But according to Judge Grotsky, ... every offender will not qualify for a sentencing circle. And it is appropriate to hold a circle where the offender was not likely to receive a sentence of more than two years imprisonment and only where it would be appropriate to consider a suspended sentence, intermittent sentence, or minimal incarceration, plus incarceration, plus probation.(Star Phoenix March 5,199,A-1) Also the offender must display a certain attitude if he or she is to be considered for a circle. The individual must be genuinely contrite and be honestly interested in working with the community to change their life. After a court has agreed that an offender is eligible fro a sentencing circle the date is then set and the next step is to organize the circle. This can be done by a probation officer, social worker, band worker,...
