Restorative Justice: A Victim's Perspective

Elizabeth had been extremely traumatized by the armed robbery during her shift at the convenience store. The crime scene had been absolute chaos. The masked robber had screamed death threats as he held her captive with a knife to her throat. She had wet herself in sheer terror. Months after the robber had been caught, life did not return to normal. Fear, shame and trauma caused insomnia and the recurrence of an eating disorder. Her family and friends quickly became impatient with her.

Elizabeth thought that she might get some relief once the case went to court and she could see the offender get what he deserved. As the case proceeded through the court process however, Elizabeth found that she was not considered a victim in the crime; the convenience store was identified as the victim. Elizabeth would not have the opportunity to submit a victim impact statement that addressed her experiences and the impact of the crime on her.

As time went on, her anger and frustration grew. She became afraid that the offender would come back to get her as he had threatened. She became isolated from her family and friends, emotionally haggard and physically ill. After two years of counselling, Elizabeth agreed to go through a mediation process with the offender.

In a face-to-face meeting, Elizabeth finally had the chance to talk about the crime and its effect on her life. She asked many questions and learned that the offender, who was still serving his sentence in prison, had never intended to come back and harm her. They struck an agreement about how they would greet each other on the street when the offender was released from prison and returned to their home town. As they finished, they stood and shook hands.

Leaving the prison, Elizabeth said: "It's over. It's closed. It's done." A year later, she had not had a single nightmare about the robbery.

"I just don't feel like the same person anymore," she said. "There is no more fear. It's just gone."

Throughout Canada, many victims have expressed dissatisfaction with the current justice system. Like Elizabeth, they feel that their needs and concerns are forgotten because victims of crime have a limited role in the criminal justice process.

Restorative justice recognizes that victims need an opportunity to have a voice in the justice process and talk about their experience, to have their pain and suffering acknowledged and to gain an understanding of the offender's motivation for committing the crime. Restorative justice not only recognizes these needs, but allows for the victim's involvement in determining how those needs can best be met.

Through a face-to-face meeting involving the offender and community members, the victim is given the opportunity to express their feelings and ask questions; have their fears and concerns addressed; receive information about the crime, the offender and the legal process; and have a say in determining how the harm done by the incident might be repaired. The objective of these meetings is to help all parties develop a better understanding of the crime, of each other and of the steps needed to make amends. The meetings conclude with an agreement outlining how the offender will repair the harm.

Restorative justice recognizes that victims have the right to be heard and deserve a chance to help restore balance to their lives and their community.