If this is your first offence for theft under $5,000 in Nova Scotia, you may be eligible for the Nova Scotia Restorative Justice Program (NSRJP). Successfully completing this community-based program allows the charges to be withdrawn, meaning you will avoid a permanent criminal record entirely.
Making a mistake, such as shoplifting from a local grocery store or taking an item from a shopping centre, can lead to severe anxiety about your future. A conviction for theft under $5,000 can hinder your employment opportunities, restrict your ability to travel, and leave a permanent mark on your record.
Fortunately, Canada’s justice system, and Nova Scotia in particular, strongly supports rehabilitating first-time, non-violent offenders. The Nova Scotia Restorative Justice Program offers a unique path to make amends to the community and the victim without facing traditional court penalties. Understanding how to access this program is your first step toward clearing your name.
Step-by-Step Process in Nova Scotia
Whether the incident occurred at the Halifax Shopping Centre, Mic Mac Mall in Dartmouth, or a local business, the goal is to get your file diverted away from the Provincial Court. The restorative process focuses on accountability and healing rather than punishment.
Step 1: Obtain a Referral to the Program
You cannot simply sign up for restorative justice; you must be referred. 📁 A referral can happen at several stages. The Halifax Regional Police might refer you before charges are even formally laid (police entry), or the Crown prosecutor can refer you after your first court appearance at the Spring Garden Road Courthouse. Having a defence lawyer negotiate this referral with the Crown is highly recommended.
Step 2: Attend the Assessment Session
Once referred, a caseworker from a local restorative justice agency will contact you. You will attend an intake session to discuss the incident. To participate, you must accept responsibility for your actions. If you maintain that you are entirely innocent, you cannot use this program and must proceed to trial.
Step 3: Participate in the Restorative Justice Circle
You will participate in a guided meeting-often called a circle-facilitated by a trained professional. This meeting may include community representatives and, occasionally, a representative from the store you stole from. You will discuss why the theft happened, the impact it had, and how you can make things right.
Step 4: Complete Your Restorative Agreement
At the end of the meeting, you will sign a formal agreement. This may require you to write an apology letter, complete community service hours, make a charitable donation, or pay restitution (paying back the value of the stolen items). Once you fulfill all conditions, the agency notifies the court, and the Crown withdraws the criminal charge.
How Much Does it Cost in Nova Scotia?
The financial aspect of this process is generally much lower than proceeding with a full criminal trial:
- Program Fees: Participation in the Nova Scotia Restorative Justice Program is entirely free of charge.
- Restitution: You may be required to pay the exact value of the stolen goods if they were not recovered, which typically ranges from $20 to $1,000 CAD depending on the item.
- Charitable Donation: Sometimes, agreements ask for a modest donation to a local charity, often between $100 and $300 CAD.
- Lawyer Fees: Hiring a criminal defence lawyer to review disclosure and negotiate your entry into the program usually costs between $1,500 and $3,500 CAD.
How Long Does the Process Take?
The timeline for restorative justice is generally faster than the traditional court system, but it still requires a time commitment.
| Phase of Program | Estimated Timeline | Details |
|---|---|---|
| Securing a Referral | 1 to 3 months | Requires Crown review and approval. |
| Intake and Circle Meeting | 4 to 8 weeks | Scheduling depends on agency caseloads. |
| Completing the Agreement | 3 to 6 months | You are given a deadline to finish community service. |
Frequently Asked Questions (FAQ)
Do I have to plead guilty to enter restorative justice?
No, you do not enter a formal guilty plea in court. However, you must take accountability and admit responsibility for the actions during the agency intake process.
What happens if I fail to complete my agreement?
If you do not finish your community service or pay restitution by the deadline, your case will be sent back to the traditional court system, and you will face prosecution.
Is restorative justice available for second offences?
While it is primarily designed for first-time offenders, the Crown has the discretion to approve referrals for individuals with prior records on a case-by-case basis.
Will this theft show up on an employment background check?
Once the program is completed and the charges are formally withdrawn by the Crown, you will not have a criminal conviction, keeping your record clean for employment.
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