Former NDP MP Romeo Saganash will go through a post-charge diversion program in Manitoba instead of court proceedings.
The program, also known as restorative justice, means the retired Quebec MP and residential school survivor will see his charge stayed in exchange for agreeing to certain conditions.
The Cree politician, who is living in Winnipeg, was charged by Winnipeg police in May with one count of sexual assault.
Carmen Roy, the complainant, advised Manitoba Victim Services she did not want a publication ban on her name. Roy, an Indigenous woman, has alleged an incident happened at a work event.
A judge on Aug. 30 approved Roy’s request to remove the ban, which is usually adopted to protect the identities of complainants in sexual assault cases.
Outside the courtroom
A Crown attorney then said the case would be dealt with outside the courtroom.
“It is on the record the matter is in diversion,” a provincial spokesperson confirmed Friday.
“As with most diversions, the matter has been referred to the Manitoba Restorative Justice Centre, which has accepted him and placed him in programming. The province has no further comment on this matter.”
The Manitoba Justice website says the Restorative Justice Act “emphasizes Manitoba’s commitment to address certain criminal matters through resolutions that promote healing, reparation and re-integration into the community.
“Further, the Act recognizes that criminal behaviours are often directly related to addictions, mental illness or cognitive impairment and that public safety can be enhanced by addressing these issues.”
By the Crown
Usually diversion is offered by the Crown and does not require the approval of the complainant.
That was the case here, said Kathryn Marshall, Roy’s lawyer.
“Restorative justice was pursued by the Crown. My client had no say in this and did not consent to it,” she told APTN in an email Friday.
“He will not have to register as a sex offender or admit guilt or receive a conviction as part of this process. And my client won’t get a chance to give a victim impact statement,” the Toronto lawyer added.
“It is a complete cop out and justice has not been served.”
Saganash’s lawyer appeared to confirm there was an agreement.
“The specifics of his legal matter are confidential, and I am not at liberty to discuss anything with the media at this time,” Ethan Pollock said in an email.