R v. Pauchay On January 28, 2007, Christopher Pauchay drank heavily after a heated argument with his wife. Sometime after midnight, he began to worry that something was wrong with one of his daughters. Hoping to find help, Pauchay took his two girls out in the freezing winter night, dressed only in their t-shirts and diapers. Both girls were found dead in the following days. Pauchay pled guilty to criminal negligence causing death and requested that a sentencing circle be held to determine the appropriate sentence.

Saskatchewan Provincial Court Justice Morgan was favourable towards the request as he was sensitive to the role that addiction most certainly played in the tragedy. The request was controversial however and the Crown objected based on the severity of the crime. The Crown sentenced Pauchay to two and a half years in federal prison and a sentencing circle was held. Recommendations for sentencing were made to the judge.

Pauchay’s case highlights the depth and complexity of cultural conflict. The clash between the alternative sentencing circle process and the larger criminal justice system was informed by differing worldviews. Pauchay’s sentencing circle consisted of twenty-three people in the inner circle including his parents, his wife, senior elders from Sturgeon Lake First Nation, a mental health specialist, two surrogate victims, two facilitators and court representatives. Another sixty people were in attendance but did not directly participate.

Consensus of the circle: Pauchay would serve his elders for his lifetime after the completion of his sentence in federal prison. Some of the duties include setting up rocks for sweat lodges, filling and lighting pipes before ceremonies and assisting elders with other tasks. Pauchay apologized for his bad behaviour and poor leadership/parenting skills and the Judge noted the degree to which Pauchay was deeply affected by the incident.

The Judge felt that Pauchay did not accept full responsibility, or make a specific commitment to address his substance abuse. Sentencing circles and other alternative programs, such as the Native Court in Grande Cache Alberta or the Glaude Court in Toronto, were developed as a way to address the disproportionate incarceration rates and negative experiences of Aboriginal offenders. The mental health specialist who participated in Pauchay’s sentencing circle recommended intervention strategies such as workshops to teach parenting and life skills and mentoring programs for youths.

These recommendations reflect the attempt to restore harmony and relationships by addressing the entire community’s responsibility for the tragedy. It also provides an important opportunity for both citizens and professionals to put into practice an emerging desire to work together in responding to crime. Circuit lawyers, usually different each time, carry the primary responsibility to speak on behalf of offenders. In essence the circuit counsel, however well intentioned he/she may be, can never know the offender as well as his family or others within his community.

Within the communities lay many answers to what causes crime, what will prevent crime and what can be done to rehabilitate offenders. The circle then, forces community members to see beyond the offender, and to explore the causes of crime. This search inevitably leads to assess what characteristics in the community precipitate crime, what should be done to prevent crime, and what could/should be done to rehabilitate offenders.