More Than a Verdict: Forging Real Environmental Justice

When industry damages sacred land, court battles often leave both sides unsatisfied. But a landmark case featured in the Alternative Law Journal shows a better path forward.

Alternative Law Journal cover

The case involved a mining company that destroyed Aboriginal objects on a culturally significant site known as the Pinnacles. After a guilty plea, the court took an unprecedented step: recommending a Restorative Justice Conference before sentencing.

Our founder, John M. McDonald, was brought in to facilitate this Conference. The goal was to turn conflict into cooperation by bringing the affected parties together to find a resolution.

The result was a deeper justice no court could order alone. Wilyakali elder Maureen O’Donnell met face-to-face with mine owner Craig Williams for the first time. She explained the spiritual importance of the land, he offered a personal apology that was accepted in good faith, and they forged an agreement for a shared, cooperative future. The outcome was so powerful that even the defendant found it "highly satisfying".

This case proves that by focusing on repairing harm, we can achieve resolutions that are more comprehensive and lasting than a simple verdict.

At ProActive, this is the work we do: building real justice for communities and the environment.

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