‘This is a groundbreaking court’

First Nation communities to benefit geographically, culturally from new service

A new specialized court will allow residents of two Cape Breton First Nations communities to access culturally sensitive court services closer to home.

Aboriginal, judicial and municipal officials have reached an agreement to set up a new court to ensure residents of both Wagmatcook and Waycobah and their surrounding communities have access to court services without having to travel to larger regional centres.

It comes after the 2015 closure of Baddeck provincial court, which resulted in residents of the two Mi’kmaq communities involved with the justice system having to travel to court in either Sydney or Port Hawkesbury.

But, beyond the geographic issues, the new court will also take into account cultural considerations and will be based on what have been called wellness and Gladue courts in other jurisdictions in Canada. It will be located on the lower level of the Wagmatcook Culture and Heritage Centre.

“It’s probably one of the first kind designed to be in line with the cultural part of our people in regard to our values and where this court will offer the wellness program,” Waycobah Chief Rod Googoo said. “This is a groundbreaking court. It’s historical for us.

“We’re so proud that we’ve come this far with this idea of our own court in our own communities, it’s a historical day for all of us, I think for the province too.”

The new court is currently scheduled to sit on Wednesdays, starting in September. This court will do pleas, trials and sentencing hearings for the citizens of Victoria County, which includes Wagmatcook and Waycobah. It will also have a day for wellness court. The Gladue court will deal with sentencing and bail hearings for aboriginal offenders only. It is anticipated that sentencing and healing circles will also be held here.

Googoo said the court is in keeping with the recommendations coming out of the Marshall inquiry. He added he wanted to stress the part that the judiciary has played in developing the court, saying Judge Pamela Williams, chief judge of the provincial and family courts, and Judge Laurie Halfpenny-MacQuarrie in particular played integral roles.

“Without their assistance it would not be possible,” Googoo said.

Discussions about the court have been ongoing for the past year, involving the Nova Scotia judiciary, the two First Nations, the Municipality of Victoria County, Mi’kmaq Legal Support Services, Nova Scotia Legal Aid, the Public Prosecution Service, the provincial sheriffs’ service, the Assembly of First Nations, the provincial Department of Justice and the premier’s office.

“We’re building a court right from the ground up, it’s going to be a unique court … even the design itself, to reflect our culture,” he said. “

The vision is for the court to use a holistic approach in looking at the underlying factors contributing to the behaviour that led to the offender coming before the court and for them to be taken into consideration in determining rehabilitative measures.

There will be renovations required to accommodate the court, including a new courtroom and offices for Crown council, legal aid, Mi’kmaq Legal Support Services, sheriffs, the presiding judge and two jail cells.

The project cost is estimated to be about $400,000, with the province footing the bills for design, planning, furnishings and technology. The two bands will fund the $224,000 renovation costs while Indigenous and Northern Affairs Canada has provided $69,000.

Halfpenny-MacQuarrie will be the presiding judge.

Wagmatcook Chief Norman Bernard could not be reached for comment.