Northern News Services
Friday, June 1, 2007
YELLOWKNIFE - An assault charge against a former Yellowknife Crown prosecutor has been withdrawn after the accused successfully completed an alternative community justice program.
Brendan Hubley, 37, was charged with assault last January after an incident outside the Black Night pub in which he struck Graham Blake.
The Alberta lawyer who prosecuted the case, Moira Vane, said Hubley was eligible for an alternative measures program. The program is directed towards first-time offenders who express a willingness to take responsibility for their actions, according to the Government of Canada's Federal Prosecutions Service Deskbook.
"Hubley participated in the program, which involves meeting with the justice committee and the victim of the offense," said Vane.
"What happens is the accused meets with the victim. Mr. Hubley and (Blake) had discussions. Mr. Hubley was asked to perform one more obligation, although I can't comment on what it was."
Vane said both Hubley and Blake participated willingly.
Lydia Bardak, co-ordinator of Yellowknife's community justice committee, could not divulge what took place between Hubley and Blake.
"One of the reasons it must stay confidential is that when the accused person resolves the matter though the justice committee, they don't have a criminal record because they are ultimately not convictedin court.
"The accused is asked to run though and tell us everything about that day and what happened. The volunteers, having met a half hour earlier to review the facts of the case, can ask questions, offer opinions or advice."
The victim is typically also given a chance to address the offender.
"The victim can sit as an observer or have their own say. They often talk about the impact - what has the action done to them? They can just lay it all out. If they're comfortable enough they can ask questions of the accused."
Bardak said the types of cases the committee deals with are usually minor.
"It usually involves a shove or a punch. Typically somebody insults somebody and someone gets a punch in the face."
Blake would not comment on the matter when contacted.