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 remission will have no impact on the life sentence Brandon Jake Hollohan received on March 21 when he was convicted of second-degree murder in the death of Deborah Irene Yorke in January 2018.
Coady said any evidence generated by the restorative justice process may be considered at Hollohan’s parole eligibility hearing, but will not dictate an outcome as sentencing principles will apply.
The September hearing will determine when the 28-year-old from Dartmouth, NS, can apply for parole, which by law must be between 10 and 25 years.
“The focus of this referral is Mr. Hollohan’s rehabilitation and re-entry into society upon completion of his sentence,” Coady said in his ruling.
Citing protocols developed by the Nova Scotia Department of Justice, Coady said judges can use restorative justice after a conviction to “inform sentencing and/or acquire information necessary to fulfill their sentencing responsibilities.”
No charges will be dismissed
The judge said any suggestion that such a diversion could allow an offender to avoid the consequences of their conviction is wrong.
In the past, restorative justice initiatives have generally been limited to young offenders and adults charged with less serious crimes.
This approach within the criminal justice system focuses on the rehabilitation of offenders through reconciliation with victims and the wider community, often with the assistance of facilitators in a group setting. Usually, plans are made for the offender to take specific actions to address the harm caused.
If the offender successfully completes the program, the criminal charges against them are usually dismissed. But that won’t happen in Hollohan’s case.
Coady’s decision says Yorke’s relatives have not yet decided on their involvement in the restorative justice process.
Nova Scotia’s restorative justice program was established for youth across the province in 2001 and expanded to include adults in 2016.
National importance
Halifax-based law professor Jennifer Llewellyn said the province has been a leader in restorative justice and the sentencing in Hollohan’s case has national significance.
“It represents the potential of 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 circumstances of crimes,” said Llewellyn, director of Restorative Research. , Dalhousie University Innovation and Education Lab.
“It also ensures meaningful opportunities for those affected and involved to contribute to the justice process.”
He said the restorative justice process in this case will provide the judge with information relevant to parole eligibility, which is related to the goal of the rehabilitative sentence.
“In this case, the judge also appears to identify the potential … to engage Mr. Hollohan in a process that supports his accountability by coming to a better understanding of the significance and impact of his actions,” Llewellyn said Wednesday in an email
As for Hollohan, the judge’s ruling says he is an ideal candidate for restorative justice because he is a young man with strong family support, no history or history of violence.
History of addiction
The judge noted that Hollohan was addicted to opioids at the time of the crime.
“Mr. Hollohan’s history did not suggest a propensity for the type of violence he inflicted on Ms. Yorke,” the decision said.
“I can only conclude that his various addictions robbed him of the ability to avoid this violence. That speaks volumes about the power of addiction to debilitating substances. It offers no excuse, and Mr. Hollohan will pay for these actions to to the rest. of his life.”
Hollohan’s doctor, identified in the decision only as Dr. Saunders, told the court that he has been treating Hollohan for an opioid use disorder for the past eight years.
“He attended and participated in recovery meetings throughout this time,” Saunders said in a pre-sentence report. “At no time prior to his arrest did Brandon ever show or discuss any desire to harm others. Brandon always displayed a calm and kind demeanor, even when he was in a bad place with his disease of addiction “.
Coady said the doctor’s comments “help give Mr. Hollohan every tool available to him to maintain sobriety.”