Judge refers Nova Scotia murderer to restorative justice program in provincial first

A Nova Scotia judge has referred a convicted murderer to a restorative justice program — a first for the province.

In a decision released Tuesday, Nova Scotia Supreme Court Justice Kevin Coady stressed that the referral will have no impact on the life sentence Brandon Jake Hollohan received March 21 when he was convicted of second-degree murder in the January 2018 death of Deborah Irene Yorke.

Coady said any evidence generated by the restorative justice process may be considered at Hollohan's parole eligibility hearing, but it will not dictate an outcome, as the principles of sentencing will apply.

The hearing in September will determine when the 28-year-old man from Dartmouth, N.S., will be eligible to apply for parole, which by law must be between 10 and 25 years.

"The focus of this referral is Mr. Hollohan's rehabilitation and his re-entry into society on completion of his sentence," Coady said in his decision.

Citing protocols developed by the Nova Scotia Justice Department, Coady said judges may use restorative justice after a conviction to "inform sentencing and/or to acquire necessary information to discharge their sentencing responsibilities."

The judge said any suggestion that such a referral could allow an offender to avoid the consequences of his sentence is misguided.

In the past, restorative justice initiatives have generally been limited to young offenders and adults charged with less serious offences.

This approach within the criminal justice system focuses on the rehabilitation of offenders through reconciliation with victims and the community at large, often with the assistance of facilitators in a group setting. Typically, plans are made to have the offender take specific actions to address the harms caused.

If the offender successfully completes the program, criminal charges against them are usually dismissed. But that won't happen in Hollohan's case.

Coady's decision says Yorke's relatives have yet to decide their involvement in the restorative justice process.

Nova Scotia's restorative justice program was established for youth across the province in 2001 and was expanded to include adults in 2016.

Halifax-based law professor Jennifer Llewellyn said the province has been a leader in restorative justice, and the ruling in Hollohan's case has national significance.

"It represents the potential for restorative justice ... to ensure that the goals of sentencing related to public safety and rehabilitation are pursued in ways that pay attention to the contexts, causes and circumstance of crimes," said Llewellyn, director of the Restorative Research, Innovation and Education Lab at Dalhousie University.