Community Environmental Justice Forums Using Restorative Justice to address Environmental Violations BC Ministry of Environment October 2013

2 Welcome!

3 Are we serving the public interest?

4 Restorative Justice A A formally recognized dispute resolution process designed to address offending behaviour and conflict Repairing harm and Repairing harm and changing behaviour changing behaviour Problem solving – not punitive Problem solving – not punitive A process involving an offender, victims and community A process involving an offender, victims and community Creating an opportunity for learning and building relationships Creating an opportunity for learning and building relationships

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CEJFs: A Partnership 6

7 Public Policy Questions

8 Why use Community Environmental Justice Forums? Benefits

Time and Resources Pollution file: ˂ $1000 ˂ 3 months from infraction to conclusion $24,500 in restitution Apology to local paper, signage, staff meetings, newspaper interview and release of retribution sanctions.

Time and Resources Mercury and Leachate Spills 318 hours facilitators 45 days total 33 days from initial TECK meeting to forum’s conclusion $325, 000 retribution Retribution leveraged more funding to estimated $600,000 for environmental improvement.

11 Time and Resources Sour Gas Leak Post-charge 7 weeks from initial meeting with company to forum $250, 000 retribution Compliance with agreement within 4 days

12 Benefits for Government and Citizens More timely and cost effective More timely and cost effective resolution of cases resolution of cases Reduces burden on courts Reduces burden on courts Positive behaviour change Positive behaviour change (high compliance, low recidivism) (high compliance, low recidivism) High staff morale High staff morale Positive environmental outcomes Positive environmental outcomes

13 Benefits for Communities Empowered to solve problems and Empowered to solve problems and administer justice administer justice Offers answers and insights Offers answers and insights Restitution that benefits the Restitution that benefits the community directly community directly Building relationships with industry Building relationships with industry

Mayor of Trail- Dieter Bogs “Community involvement in what I consider a community issue is a huge step forward in resolving these incidents.” “ Having the company explaining to the community why this happened had a huge emotional impact on the individuals involved. “The process creates a high level of awareness and enhanced accountability” “Having the penalty monies staying in the community that was affected by the incident ensures the best possible outcome for what was a unfortunate event.”

15 Benefits for Companies Good public relations: Good public relations: helps restore social licence helps restore social licence Avoids a costly adversarial court Avoids a costly adversarial court process and potential conviction process and potential conviction Building positive relationships Building positive relationships with community and enforcement with community and enforcement