Restorative Justice & Crime Presented at Annex Business Mediation, Toronto, Ontario, June 10, 2015 Presented by Mark Yantzi, Restorative Opportunities.

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Presentation transcript:

Restorative Justice & Crime Presented at Annex Business Mediation, Toronto, Ontario, June 10, 2015 Presented by Mark Yantzi, Restorative Opportunities Mediator, Correctional Services Canada. Copyright © 2015 by Nelson Education Ltd.1

If you could take 1000 crimes…. (Taken from Presentation by Wm. Outerbridge, former Chair of Parole Board)

Out of 1,000 crimes… are discovered

Out of 1,000 crimes… are discovered 150 reported-police

Out of 1,000 crimes… are discovered 150 reported to police 80 result in police investigation

Out of 1,000 crimes… are discovered 150 reported to police 80 result in police investigation 40 have charge laid

Out of 1,000 crimes… are discovered 150 reported to police 80 result in police investigation 40 have a charge laid 20 come to trial

Out of 1,000 crimes…… are discovered 150 reported to police 80 result in police investigation 40 have a charge laid 20 come to trial 16 are convicted

Out of 16 crimes convicted……... 3 get a fine, 5 get probation 8 go to jail

Restorative Justice A problem-solving approach to responding to offenders based on the principle that criminal behaviour injures victims, communities, and offenders, and that all these parties should be involved in efforts to address the causes of the behaviour and its consequences 10Copyright © 2015 by Nelson Education Ltd.

11Copyright © 2015 by Nelson Education Ltd. Principles of Restorative Justice Addressing harms and needs Confirming obligations of offenders, families, communities, society Inclusive and collaborative Involving stakeholders Righting wrongs

[[Insert C13-T01 - Box 13.1: THE QUESTIONS ASKED BY TRADITIONAL CRIMINAL JUSTICE AND BY RESTORATIVE JUSTICE]] 12Copyright © 2015 by Nelson Education Ltd.

[[Insert C13-F01 - Figure 13.1: The Relationships of Restorative Justice]] 13Copyright © 2015 by Nelson Education Ltd.

[[Insert C13-T02 - Table 13.1: Comparison of Retributive and Restorative Justice Principles]] 14Copyright © 2015 by Nelson Education Ltd.

[[Insert C13-F02 - Figure 13.2: Comparison of Criminal Justice and Restorative Justice Participants and Processes]] 15Copyright © 2015 by Nelson Education Ltd.

16Copyright © 2015 by Nelson Education Ltd.

Victim–Offender Mediation Provides an opportunity for a crime victim and the offender to communicate and address the impact of the offence, and for the offender to take responsibility for the offence and its consequences 17Copyright © 2015 by Nelson Education Ltd.

18Copyright © 2015 by Nelson Education Ltd.

Circle Sentencing Involves collaboration and consensual decision making by community residents, the victim, the offender, and justice system personnel to resolve conflicts and sanction offenders 19Copyright © 2015 by Nelson Education Ltd. [[Insert C13-F04 – Figure 13.4 Circle Sentencing Settings ]]

[[Insert C13-T04 - Table 13.3: Differences Between Criminal Court and Circle Sentencing Principles]] 20Copyright © 2015 by Nelson Education Ltd.

21Copyright © 2015 by Nelson Education Ltd.

Collaborative Justice Project Urban setting (Ottawa-Carleton) Pre-sentence approach Considers cases of serious offending, such as robbery, break and enter, assault causing bodily harm Criteria for Acceptance into Project Serious crime where the Crown is seeking custody Accused remorseful, takes responsibility, and willing to repair harm Identifiable victim who is interested in participating 22Copyright © 2015 by Nelson Education Ltd.

Restorative Justice in Aboriginal Communities Increasingly involved in developing RJ services, which can vary widely by community Tsuu T’ina Nations Court Aboriginal judge, Crown, clerks Peacekeeping program Elders, victims, offenders, others, in circle healing Completion ceremony Community Holistic Circle Healing Program Community response to high rates of sexual and family abuse Traditional healing practices Restore peace and harmony 23Copyright © 2015 by Nelson Education Ltd.

Circle of Support and Accountability Developed by Canadian Mennonite Community based on Indigenous practices of healing circles Support for sex offenders released from federal institutions with little or no supervision Extend restorative contact with offender beyond WE Housing Employment Spiritual and moral support Financial management 24Copyright © 2015 by Nelson Education Ltd.

25Copyright © 2015 by Nelson Education Ltd. Challenges in Restorative Justice Resistance by criminal justice personnel Limited community interest or capacity Perception that RJ approaches are soft Lack of public awareness Revictimization Victims and offenders understand objectives Victims and offenders are equal participants

Effectiveness of Restorative Justice YesMaybeNoHard to Tell Meets the Needs of Crime Victims ✔ Positive Impact on Offenders ✔ Reduces Reoffending ✔ Facilitates Community Involvement ✔ Positively Impacts Administration of Justice ✔ Aboriginal Initiatives in Aboriginal Communities ✔ Circle Sentencing and Recidivism ✔ 26Copyright © 2015 by Nelson Education Ltd.

Summary Dissatisfaction with the traditional CJS has led to a variety of restorative justice approaches designed to better address the needs of victims, communities, and offenders Principles of restorative justice focus on repairing harm and addressing underlying causes Restorative programs operate at all stages of the justice system and in a variety of settings Research supports restorative programs, though numerous challenges remain 27Copyright © 2015 by Nelson Education Ltd.