Restorative Justice Offers New Look at Crime, Conflict

What Is Restorative Justice?

In recent years, public confidence in our justice system has been declining. There is a feeling that offenders are not held accountable for their actions and that victims and communities have little say in the justice system.

Restorative justice is a way of thinking about crime and conflict that challenges us to look at ourselves collectively as a society, how we respond to crime and how we restore the balance after a crime has been committed. Restorative justice can come in many forms, depending on the circumstances of the case and the traditions and preferences of the community involved.

Restorative models focus on holding offenders accountable in a more meaningful way, repairing the harm caused by the offence, reintegrating the offender into the community and achieving a sense of healing for both the victim and the community. But how does this approach recognize and respond to the different needs of the victim, the offender and the community?

In the current justice system, a crime is defined as an offence against the state. Restorative justice sees crime as a violation of one person by another. Traditional justice seeks to establish blame and guilt to punish the offender while restorative justice requires offenders to take responsibility for their actions and to set about repairing the harm they have caused to victims and the community.

The real essence of restorative justice is in a face-to-face meeting between the victim, offender and members of the community. During the course of that meeting, each party is given an opportunity to tell the story of the crime from their own perspective and talk about their concerns and feelings. The meeting helps the parties develop an understanding of the crime, of the other parties and of the steps needed to make amends. The meeting concludes with an agreement outlining how the offender will work to repair the harm. This can include monetary payment, service to the victim, community service or any other measure agreed upon by the parties.

Over the past two years the Department of Justice, in consultation with justice stakeholders and community representatives, has developed a comprehensive Restorative Justice Program. The program provides an opportunity for appropriate cases to be referred to restorative justice at many points in the justice process. The goals of the program are to increase victim satisfaction, reduce re-offending, strengthen communities and increase public confidence in the justice system.

Service for the program will be delivered by existing community agencies, which have experience working with youth in conflict with the law. These agencies have community-based boards and volunteers, and have worked in partnership with the Department of Justice for many years to deliver the Alternative Measures Program for youth.

Implementation of the program will be in multiple phases. Phase 1 will target youth between the ages of 12 and 17 in four communities around the province, including regional municipalities in Halifax and Cape Breton, Cumberland County and Annapolis Valley. The first phase began on Nov. 1 and will continue for several months.

Restorative justice is not a replacement for the current system. A restorative approach will, however, help to meet the needs that are not being met by the current system. Reducing repeat offences and increasing victim satisfaction and public confidence in the system requires smarter and more effective ways of making our communities safer. Restorative justice offers exciting potential for justice agencies and communities to work together in partnership to address the concerns we have all expressed regarding the criminal justice system.

kjd November 16, 1999