A Nova Scotia judge has referred a convicted murderer to a restorative justice program, the first in the province.
In a decision released Tuesday, Nova Scotia Supreme Court Justice Kevin Coady stressed the appeal will not affect the life sentence Brandon Jake Holohan received March 21 when he was convicted of second-degree murder in the death of Deborah Irene York in January 2018
Coady said any evidence generated by the restorative justice process could be considered at Holohan’s parole eligibility hearing, but it would not dictate the outcome as sentencing principles would apply.
A hearing in September will determine when the 28-year-old from Dartmouth, North Carolina, will be eligible to apply for parole, which by law must be between 10 and 25 years.
“The focus of this referral is Mr. Holohan’s rehabilitation and re-entry into society following the completion of his sentence,” Coady said in his decision.
Citing protocols developed by Nova Scotia’s Ministry of Justice, Coady said judges can use restorative justice after sentencing to “inform sentencing and/or obtain the information necessary to fulfill their sentencing responsibilities.”
The charges will not be dismissed
The judge said any suggestion that such targeting could allow an offender to avoid the consequences of his sentence was wrong.
In the past, restorative justice initiatives have typically been limited to young offenders and adults charged with lesser crimes.
This approach in the criminal justice system focuses on the rehabilitation of offenders through reconciliation with victims and the community at large, often with the help of facilitators in a group setting. Plans are usually made for the offender to take specific actions to address the harm caused.
If the offender successfully completes the program, the criminal charges against him are usually dismissed. But that won’t happen in Holohan’s case.
Coady’s ruling said York’s relatives have not yet decided 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.
National importance
Halifax-based law professor Jennifer Llewellyn said the province is a leader in restorative justice and the decision in Holohan’s case has national significance.
“This represents the potential for restorative justice … to ensure that the public safety and rehabilitation goals of sentencing are pursued in ways that address the context, causes and circumstances of crimes,” said Llewellyn, director of Restorative Research, Dalhousie University Innovation and Education Lab.
“It also provides meaningful opportunities for those affected and those involved to contribute to the legal process.”
She said the restorative justice process in this case would provide the judge with information related to parole eligibility, which is related to the purpose of the sentence to rehabilitate.
“In this case, the judge also appears to have identified the potential … to engage Mr. Holohan in a process that will assist his accountability by better understanding the significance and impact of his actions,” Llewellyn said Wednesday in an email.
As for Holohan, the judge’s ruling said he is a suitable candidate for restorative justice because he is a young man who has strong family support, no prior record and no prior history of violence.
History of addiction
The judge noted that Holohan was addicted to opioids at the time of the crime.
“Mr. Holohan’s history does not suggest a propensity for the type of violence he inflicted on Ms. York,” the ruling said.
“I can only conclude that his various addictions have deprived him of the ability to avoid such violence. This speaks volumes for the power of addiction to disabling substances. He makes no apology and Mr. Holohan will pay for these actions for the rest of his life.”
Holohan’s doctor, identified in the ruling only as Dr. Saunders, told the court he had been treating Holohan for opiate use disorder for the past eight years.
“He has 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 has always displayed a calm and gentle demeanor, even when he was in a bad place with his addiction.”
Coady said the doctor’s comments “are in support of providing Mr. Holohan with every tool available to maintain sobriety.”
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