About

What is it?

Restorative Justice (RJ) is a response to crime that focuses on restoring the losses suffered by victims, holding offenders accountable for the harm they have caused, reintegrating victims and offenders into their community and building peace. RJ views an offence as harm done to individuals and the community; it seeks to solve the problem and repair the harm and it supports forgiveness and rehabilitation.

Who can do it?

RJ is for both youth and adults and is an option at all stages of the criminal justice system.  Offenders may be diverted at the pre-charge stage by police or Crown.  Alternately,  the Crown or a judge — upon request from the victim and with the cooperation of the offender –  may also permit a restorative process to parallel traditional criminal justice proceedings.  When RJ is used it is usually working in tandem with the criminal justice system to address the offence and its impacts. In all cases, the offender must take responsibility for their actions and be prepared to address the harm they have caused. Victims must agree to the process and have their needs given primacy.

Why do it?

Restorative Justice is increasingly being introduced into justice proceedings more often in the aftermath of crime as it is cost-effective and timely in addressing crime and repairing the harm.  Offenders are provided the opportunity to participate in an active way in their own learning and to make reparation for the harm done.  As well, the victim’s needs for input, closure and healing are well represented.  R J addresses these issues in ways that the traditional justice system typically does not.  As a result,  our communities become safer and more inclusive for all.

How does it work?

There are numerous options for pursuing a restorative solution to crime or conflict.  Minor offenses, both youth and adult, may be referred for community conferencing under the provincial  Community Accountability Program (CAP) guidelines (Ministry of Public Safety and Solicitor General). Alternately, some R J programs are approved for Alternative Measures by the Ministry of Attorney General for more serious offenses referred by Crown.  Crown may also refer cases for Victim-Offender mediation in conjunction with criminal court proceedings or as an Alternative Measure.  Such mediations help participants to search for a mutual definition of the problem, to arrive at a decision or agreement and to devise a restitution plan.  Schools, community agencies and members of the general public may also refer a case for a restorative process when all parties are willing.

In all cases,  trained facilitators meet with the victim and the offender separately by way of preparation for whatever restorative process is appropriate to the case.  A formal meeting is then held including victims and their supporters,  offenders and their supporters and depending on the type of process,  the arresting officer and representatives of the community. The facilitation team ensures a safe environment which allows everyone to share their experience, communicate how the incident has impacted them and participate in determining the outcome.

How long does it take?

The conference usually happens within a couple of months of the offence. Depending on the seriousness of the crime, the agreement typically takes between 1 to 3 months to complete. As a result, R J provides a much more expedient resolution to the incident than the courts.

Processes and practices include:

Interventions when harm has happened, such as restorative enquiry (aka, in some circumstances, corridor conferences), mediation (mini-conferencing), community conferencing (group mediation and/or problem-solving circles). However there are also processes and practices that help to prevent harm and conflict occurring and which build a sense of belonging, safety and social responsibility. These include Circle Time and Restorative Pedagogy (teachers modelling the values and skills and creating opportunities for their development amongst the students whatever the subject being taught).

  • A Paradigm Shift (from Community Justice Program of The Sunshine Coast)
  • While conflict in schools is normal, unresolved conflict can cause further harm
  • Past approaches to student conflict in schools have included blame, shame and      isolating or out casting
  • Punitive measures position wrongdoer against person in position of authority
  • Punished person focuses on anger and resentment rather than accepting responsibility
  • Offending behaviour escalates or redirects
  • Weakens relationships which interferes with learning
  • Youth seek acceptance elsewhere
  • Decreases opportunity for achievement
  • Root causes unexamined and unresolved
  • Opportunity to learn, strengthen and grow is lost
  • Weakens individuals and community (most inmates have history of school failures…”school to  prison pipeline”

 

Want to know more?

 

References

  1. Ross, Rupert, Returning to the Teachings: Exploring Aboriginal Justice, Penguin Books, Toronto, 1996.
  2. Hadley, Michael L. (Ed.), The Spiritual Roots of Restorative Justice, State University of New York Press, Albany, N.Y., 2001.
  3. Pranis, Kay, Barry Stuart & Mark Wedge, Peacemaking Circles: From Crime to Community, Living Justice Press, St. Paul, MN, 2004.
  4. Sharpe, Susan, Restorative Justice: A Vision for Healing and Change, Mediation & RJ Centre, Edmonton, AB, 1998.
  5. Stutzman L. & Judy H. Mullettt, Little Book of Restorative Discipline for Schools, Good Books, Intercourse PA, 2005.
  6. Waller, Irwin, Less Law and More Order, Manor House, Ancaster ON, 2008
  7. Zehr, Howard, The Little Book of Restorative Justice, Good Books, Intercourse, PA, 2002.