Youth Experience

 Life after Death

Oak Bay News
May 28, 2008


 A journey of finding peace and understanding through the justice system

Seats filled quickly forcing more than a dozen people to stand to listen to testimony of forgiveness at a special meeting in Oak Bay’s council chamber last week. Guest speakers provided a glimpse of what restorative justice can achieve by examining the first pre-sentence restorative conference referred by the Crown in B.C. “It’s not magical, though at times it’s transformative,” said Tara Ney, chair of Restorative Justice Oak Bay. “Contrary to popular belief victims do not typically want money or vengeance. Victims consistently report that emotional restoration is what they desire most from the justice experience and what they so rarely find in the formal justice system.”

On April 30, 2006, David Boivin was confronted by Brent Martin and Donovan Roloson, both were 18 years old at the time and had been drinking. Boivin was returning to his fishing boat after spending an evening with friends when, unprovoked, the teens beat the 58-year-old to death at the foot of Johnson Street bridge. Boivin had two sons and a fiance, Danielle Laflamme. Nils Jensen, Crown prosecutor and Oak Bay councillor, initiated the process. He felt that even though the two accused were going to be convicted of manslaughter the justice system would not be able to provide the kind of closure the victim’s family needed. “This reconciliation is perhaps one of the strongest ways to rehabilitate somebody,” he said of restorative justice. “It’s good for the victim, it involves the victim or their families and it gives them a say.”

Jensen pursued a meeting between Martin and the victim’s family after watching the accused sit in court with his head down numerous times and visibly unsettled by his actions. This behaviour is uncommon as many offenders in similar situations sit stone-faced and show no remorse. “We all felt such rage at what these two men had done,” said Rita Fayle, a close friend of Laflamme. “Most of us wanted to inflict some sort of pain among them right away. There is no doubt that in those first few weeks our violent thoughts matched their violent actions.”  Thoughts of anger started to subside when they saw both the accused enter the court room prior to sentencing in handcuffs and chains around their ankles, Fayle said. “They looked so young, it was sad to see the accused this way,” she added. A meeting between Martin and the family seemed difficult to comprehend at first, however they all wanted to find some closure and move forward with healing.

“We wanted to hear what he had to say, we wanted to believe he was really sorry,” said Fayle, fighting back tears. They hoped Martin would get an education while in prison, come out with his head held high, get a job and show them how well he was doing a year after release. “I told him that we wanted to forgive him but only if this event made him a better man when he got out,” said Fayle. “That way we would know that he was truly sorry. “  Martin agreed to the family’s request.

“I never expected this would impact as many people as it did,” Shauna Morgan, Deputy Warden at Wilkinson Road Jail, told the audience. Initially she was apprehensive to the idea, as was everyone else at the jail. A restorative justice meeting had not been held at Wilkinson before, nor was the facility built to hold conferences. “We just stepped up,” she said. “We just saw an opportunity never see for an inmate, we saw an inmate in particular that wanted to go some place, had remorse. This was a golden opportunity.”

Morgan recalls Martin dropping to his knees in tears after the conference, repeatedly saying, “They forgave me, they forgave me, why did they forgive me?” After sharing her experience with restorative justice the deputy warden informed Fayle she had a letter from Martin as well as an apology letter from Roloson, marking the first time he has reached out to the family. “Obviously its a process that works,” said MLA Ida Chong. “By the sound of it, when you save one life you save a whole community.” She presented RJOB with a symbolic $20,000 cheque from the solicitor general. The organization will use the money to further its alternative conflict resolution services, in the area of crime prevention.
Restorative practices bring people affected by conflict, difference, or crime together to deal with the aftermath of what happened. Restorative justice is available to all offenders but not all choose to use it.

kschoenit@oakbaynews.com
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http://www.bclocalnews.com/vancouver_island_south/oakbaynews/news/Life_after_Death.html
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For more information on Restorative Justice in Greater Victoria, visit  www.rjvictoria.org    
To contact Restorative Justice Oak Bay, call Coordinator Kirsten Chan at 818-7562 or email <rj.oakbay@gmail.com>

Dunbar takes justice personally

By Ian Dunbar

The issue of how to deal with young offenders has always been a difficult one to solve. A balance must be found between punishment for the crime and rehabilitation for the youth who commits it. Many have criticized the Young Offender's Act as being too lenient or impersonal, and have hoped for a better way. (Note - This Act is replaced by the Youth Criminal Justice Act (2003) which has a priority on restorative processes. Ed.) A new alternative has emerged recently, known as restorative justice.

I recently had my wallet stolen by a fellow teenager. When approached about an option to simply allow the police to deal with it, I was initially skeptical. However, as I learned more about the restorative justice program, I became interested, and decided to give the idea a try.

Restorative justice, also known as community justice, is different from the criminal charges process in that it takes time to involve all parties affected by an offence - the perpetrator, the victim, and their respective families. All parties sit down with a facilitator and a representative from the local police force, and discuss the impact of the crime and possible methods of compensating the victim.

"(Community justice) is about people taking responsibility for their actions," said (editor) Judy Reimche, who has been involved with the restorative justice program since 1996. "It's a way of looking at incidents between an offender and victim, and finding a means of restoring the balance of justice in the community."

While some police officers feel that community justice is too lenient, most are convinced that the program has value after being part of a meeting. Many people involved in this program feel that the court process is sometimes flawed, and that restorative justice can help solve problems that are sometimes left unresolved in court.

"I've walked out of some courtrooms feeling let down, but restorative justice has never left me feeling that way," said Corporal Len Nolan of the Central Saanich Police Service. "It's a good program because the victim has input through all the stages. Down at the courts, you are just a number, but this gives the whole process a personal tone." Reimche agreed. "The way it's set up, the court system does not always encourage people to take responsibility for their actions, and that is the basis of the community justice program."

My personal experience with restorative justice has been a very positive one. After meeting with the offender and his family, I was repaid in full for my losses. I realized that this process has been much better for myself and for the teen who took my wallet, who had a first-hand opportunity to realized the impact that his crime had on myself and my family. Perhaps the time has come for more people to view restorative justice as a viable option in the community.

© Copyright Peninsula News Review 05/15/2002