Blog post: Restorative Justice: The Journey to Healing

Written by Ugoeze Uchegbu-Okoroh, ESPC volunteer

Healing is never a linear process; it is often long and arduous. In the interest of justice, the harm caused from committing crime against a person should not go unaddressed under any circumstance. Restorative justice focuses on repairing the damage caused, charting a course for healing. A successful restorative justice practice is one that is victim-centred, always striving to meet the needs of victims and survivors. As opposed to the idea that it is an easy way for an offender to escape the consequences of their actions, this form of justice places heavy reliance on the offender taking responsibility for the harm done, and with the participation of the victim, moving towards reparation (Latimer & Kleinknecht, 2000).

Even though there are varying views on the application of restorative justice, the programs in Canada have been successful. According to the Department of Justice Canada, offenders in these programs are more likely to follow through on negotiated restitution agreements than comply with court-ordered restitution (Canadian Resource Centre for Victims of Crime, 2022).

In a booklet released by Alberta in 2007, the three common restorative justice models based on needs are: the family group conferencing, circles, and victim-offender mediation. The model to be used is determined by the need, the crime, and the individuals involved (Alberta Government, 2007).

Restorative justice is often utilised outside of the criminal justice system. However, Canada has taken some steps to include it within the framework of the formal justice system. An example is in section 717 of the Criminal Code that states the diversion of matters away from the formal criminal justice system is done using alternative measures and when the referral is not inconsistent with the protection of society. The alternative measures include a written acknowledgement of responsibility, an acceptance of the facts surrounding the offence, and voluntary consent of the accused, the person who has been harmed as well as any community and personal supports (Hon. Brown, 2022). On the issue of sentencing, section 718 of the Criminal Code further outlines sentencing objectives to be consistent with a restorative justice approach. “The Principles and Guidelines for Restorative Justice Practice in Criminal Matters” which is based on the “UN’s Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters”, emphasizes Canada’s commitment to implementing the “UN Declaration on the Rights of Indigenous People” (Canadian Intergovernmental Conference Secretariat, 2018). Alberta’s support of restorative justice initiatives includes providing grants to non-profits and communities.

Prior to the official recognition of restorative justice in Canada, Indigenous communities as well as faith-based groups had informally utilized these practices to resolve disputes. In a report by the Canadian Resource Centre for Victims of Crime, the Mennonites were one of the earliest faith communities to pioneer restorative justice, based on their belief in the bible and mending relationships with God and one another. Within Indigenous cultures, “Talking circles” are used to express emotions and foster reconciliation among community members with a view to promoting peace. It is through this avenue that Indigenous practices and traditions are sustained.  For example, in First Nation communities under the Nishnawbe-Aski Legal Services Corporation (NALSC) In Northern Ontario, the restorative justice process involves a traditional circle, where an agreement is made for the offender to do something to repair the harm. If the offender does not violate the terms of the agreement, the matter is closed but if the offender violates any of the terms, it is referred to the court to proceed accordingly. In 2022, in response to understanding Indigenous history, culture and laws as well as, following consultation with stakeholders, the Indigenous Justice Strategy was created. This gave rise to the Edmonton Indigenous Court as well where justice programs in the province, help address the problem of over representation of Indigenous people in the justice system and lack of a system suited to Indigenous cultures and needs (Alberta Court of Justice, 2024). Prior to this in 2019, the Calgary Indigenous Court was created where both courts include an Indigenous healing plan in probation orders. According to a CBC news article (Huncar, 2022), the released strategy also disclosed a possibility for legislation to support restorative justice in the province but there has been no update on this.

Even with the growing awareness and use of restorative justice practices, there are some concerns that have been expressed about its application to violent crimes. For example, some have argued that restorative justice should not be used in gender-based violence cases. While it has been largely agreed that restorative justice offers more options to victims and survivors than the formal justice system does, there is a lack of proper guidelines for its application in gender-based crimes. According to the Alberta Courts’ Restorative Justice Pilot Project Framework (Hon. Brown, 2022) addressing restorative justice for gender-based and sexual crimes, Alberta is unable to currently handle referrals for these kinds of crimes due to public safety considerations, risk assessment criteria, and lack of specialized service providers.

To celebrate this year’s National Restorative Justice Week from November 17-23 (European Forum for Restorative Justice, 2024), the International Institute for Restorative Practices will host the first in-person symposium in Ottawa on November 18 and 19, 2024. The public are encouraged to raise awareness by hosting dialogues, engaging with Indigenous and spiritual leaders, amongst others. The success of these programs is largely dependent on ensuring that it is suited to the needs of the participants involved. In the coming years, a great marker of success in this area will be the emergence of direct legislation to support the practice as well as increase in the number of skilled facilitators. It is important to note that restorative justice models are not punitive in nature but are more concerned with fixing the harm.

References

1. Department of Justice Canada. Jeff Latimer, & Steven Kleinknect. (2000). The Effects of the Restorative Justice Programming: A Review of the Empirical. Government of Canada. https://www.justice.gc.ca/eng/rp-pr/csj-sjc/jsp-sjp/rr00_16/toc-tdm.html

2. Canadian Resource Centre for Victims of Crime. (2022). Restorative Justice in Canada: What Victims Should Know

3. Alberta Government. (2007). Restorative Justice: What makes a safe community.

4.Canadian Intergovernmental Conference Secretariat. (2018) https://scics.ca/en/product-produit/principles-and-guidelines-for-restorative-justice-practice-in-criminal-matters-2018/

5. Nishnawbe-Aski Legal Services Corporation. (n.d.) https://nanlegal.on.ca/restorative-justice/

6.Alberta Court of Justice. (n.d.) Indigenous Justice Strategy. https://albertacourts.ca/cj/about-the-court/court-of-justice/indigenous-justice-strategy

7. CBC News. (2022) Andrea Huncar. Alberta considers legislation for upcoming provincewide restorative justice program
https://www.cbc.ca/news/canada/edmonton/alberta-restorative-justice-bigstone-ifsaa-1.6681456#:~:text=One%20Alberta%20community%20leading%20the,Lake%2C%20Big%20Lakes%20and%20Edmonton.

8. Provincial Court of Alberta. (2022) Honourable Beverley Browne. Alberta Courts’ Restorative Justice Pilot Project Framework.

9. European Forum for Restorative Justice
https://www.euforumrj.org/RJWeek