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Restorative Justice in B. C. Communities What? 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 a person and the community; it seeks to solve the problem and repair the harm and it supports forgiveness and rehabilitation.
Who? Restorative justice is not limited to less serious youth cases. The Crown and judge, upon request from the victim and cooperation of the offender, may also permit a restorative process to parallel the traditional procedure.
Why? The traditional justice system is too slow, too expensive and doesn’t serve young first-time offenders well. It is based on Old Testament values of punishment and retribution, uses an adversarial process and reduces victims and offenders to being spectators. The victim’s needs for healing are ignored. In RJ, victims have a voice and offenders work towards reparation.
How? A trained facilitator meets with the victim and the offender separately, sometimes in their homes. A conference is held including victim, offender, their supporters, usually the arresting officer and representatives of the community. The facilitator ensures a safe environment and that everyone has their say; a set format is followed to keep the process flowing. An agreement is reached to repair the harm done; the participants all sign it. Follow-up occurs to ensure the pact is carried out. A co-facilitator assists in the conference; a mentor may help the offender to complete the agreement. Over 95% of agreements are carried out; the offender does not have a criminal record.
When? The conference usually happens within a month of the offence; the agreement is often completed within another month. Compare this with the traditional system which can take months or even years.
How Much ($)? The community-based programs taking referrals from the police are provided by trained volunteers, often through a non-profit organization; legal and court costs are not incurred. In 2002, S/Sgt Randy Munro of the Nanaimo RCMP posted a cost comparison in the local paper showing that a typical community program cost $271 while a comparable court case cost $2,649.50. Since 2004, the BC Ministry of Public Safety/Solicitor General has provided annually, $2,500 for operating costs for 50+ community-based, approved RJ programs.
References Ross, Rupert, Returning to the Teachings: Exploring Aboriginal Justice, Penguin Books, Toronto, 1996. Hadley, Michael L. (Ed.), The Spiritual Roots of Restorative Justice, State University of New York Press, Albany, N.Y., 2001. Pranis, Kay, Barry Stuart & Mark Wedge, Peacemaking Circles: From Crime to Community, Living Justice Press, St. Paul, MN, 2004. Sharpe, Susan, Restorative Justice: A Vision for Healing and Change, Mediation & RJ Centre, Edmonton, AB, 1998. Stutzman L. & Judy H. Mullettt, Little Book of Restorative Discipline for Schools, Good Books, Intercourse PA, 2005. Waller, Irwin, Less Law and More Order, Manor House, Ancaster ON, 2008 Zehr, Howard, The Little Book of Restorative Justice, Good Books, Intercourse, PA, 2002
Websites: To discover what works, visit: http://www.colorado.edu/cspv/blueprints/ Visit: http://www.restorativejustice.org/ for Canadian, US and international RJ news. To tap 6,000 articles, books and readings on RJ, visit www.restorativejustice.org/research To receive a free newsletter about every two weeks from the International Institute for RestorativePractices, contact http://www.iirp.org/join_eforum.php Visit: www.rjvictoria.org for Greater Victoria information.
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