What is Restorative Justice?
With a focus on repairing the relationship that may have been damaged as a result of crime and violence, Restorative Justice (RJ) is an alternative approach to dealing with crime outside of, or in conjunction with the traditional court system.
RJ can also be used to heal harm and repair relationships where people, neighbors, groups, work environments, etc., experience interpersonal conflict.
RJ is a holistic alternative to fixing the harm in a community following a crime or where relationships need repair.
Restorative Justice understands that sometimes court and imprisonment are not the ideal solution in response to a crime and seeks to create just outcomes by repairing the harm caused by crime and violence. Communities or community members are often actively involved in the Restorative Justice process as interested stakeholders, supporters or facilitators.
In a Restorative Justice process, those who caused the harm must first accept responsibility for their role in an offence and the harm they have caused. Those who experienced the harm must voluntarily choose to participate. Depending on the crime, the individual who caused the harm may or may not be able to avoid a criminal record or a court process by participating in a Restorative Justice process.
In Canada, modern-day Restorative Justice originated in the 1970s as mediation or reconciliation between victims and offenders. In 1974, the first victim-offender mediation program occurred in Canada when two offenders charged with vandalism in Elmira, Ontario, met with their victims to establish restitution agreements. Since that time, a number of similar programs have been developed throughout Canada and internationally.
In the 1990s, in response to mounting dissatisfaction with Canada’s formal justice system, the role of the community in confronting crime was emphasized and a Community Justice Forum model was implemented by the Royal Canadian Mounted Police (RCMP). This model brings together the families and friends of those who experienced the harm and those who caused the harm with a facilitator to discuss the event and its consequences to reach an agreement on restitution and reintegration of the individual who caused the harm into the community.
How it works
Case must follow the Government of BC’s Restorative Justice Framework.
A referral is made to Restorative Justice Terrace.
A file is opened and assigned a lead RJ Facilitator.
A Lead facilitator sets up Inteviews with all involved to determine if an RJ Process is a fit for the situation. If yes, an RJ process (Community Justice Forum, Peacemaking Cirlce, Victim/Offender Conference, Offender Only Conference) is then scheduled and conducted with the individual who experienced the harm, the individual who caused the harm, their respective supporters and the RJ faciitation team.
The Forum, Circle or Conference provides the individual who experienced the harm, the individual who caused the harm and their respective supporters an opportunity to describe the incident and share their reactions and feelings to the incident. Some RJ processes follow a precise script and others are more free flowing.
Through the RJ process, participants come to an agreement that addresses the needs of the person who experienced the harm and holds those who caused the harm meaningfully accountable for their actions.
The procees is closed once all parties agree to the terms and conditions of the agreement.
Success Stories
There are many Restorative Justice success stories from around the world and across Canada. From shoplifting at Walmart to genocide in Rawanda and health and safety breeches in New Zealand, Restorative Justice has been used in many situations to repair the harm caused by crime or violence.
