Restorative Justice Programs Alternatives to Traditional Sentences

What Restorative Justice does… It puts the emphasis on the wrong done to a person as well as on the wrong done to the community. It puts the emphasis on the wrong done to a person as well as on the wrong done to the community. It recognizes that crime is both a violation of relationships between specific people and an offence against everyone. It recognizes that crime is both a violation of relationships between specific people and an offence against everyone.

The GOAL The goal is to "restore" the relationship, fix the damage that has been done and prevent further crimes from occurring. They seek healing, forgiveness and active community involvement.

It requires wrongdoers to : recognize the harm they have caused to accept responsibility for their actions and to be actively involved in improving the situation. make reparation to victims, themselves and the community.

When does it “kick in?” The programs can take place at different times after a crime has occurred… sometimes after charges have been laid; sometimes after an accused has been found guilty of an offence.

Restorative justice can only take place when: An offender admits guilt and accepts responsibility for his or her actions. The offender agrees to participate in the program. The victim of the crime freely agrees to participate in the program, without feeling pressured to do so. Trained facilitators are available in the community and a restorative justice program is in place.

Common types Victim-offender mediation Family group conferencing Victim-offender panels

Specific / Unique Types Sentencing Circles (Aboriginals) Extra-judicial sanctions (Youth)

Victim-offender mediation a face-to-face meeting between the victim and the perpetrator the presence of a trained mediator Victim gets to explain how they feel and felt, their version and the impact of the event. Then the offender presents his/her version of the event, their feelings, an explanation and remorse. Both agree on appropriate restitution or punishment Page 291

Family group conferencing Similar set up as V.O.M. much wider circle of participants family members, police, social worker, community support groups and lawyers. Mostly for juveniles Each side can question the other. OFFENDER presents an offer of restitution. Discussed and negotiated. If restitution is NOT followed, then case returns to court. Page 292

Victim-offender panels The victim or offender is unwilling or unable to meet the other. Unrelated victims and offenders linked only by a common kind of crime. (MADD with drunken drivers) The panel may expose offenders to the harms that they have caused by providing an opportunity for the parties to speak about their experiences. Page 293 Page 293

Sentencing Circles (Aboriginals) Similar to family group conferencing but for Aboriginals. See HANDOUT (& page 293)

Extra-judicial sanctions (Youth) young persons can be diverted or kept out of the youth criminal justice system. young persons can be diverted or kept out of the youth criminal justice system. If the police decide to use one of these measures, they will not lay a charge If the police decide to use one of these measures, they will not lay a charge The accused will not have to go to court. The accused will not have to go to court. Some extrajudicial measures allow offender and people who have been affected to participate in the decision-making. Some extrajudicial measures allow offender and people who have been affected to participate in the decision-making. Offender must agree to participate in any of these measures OR offender always has the choice of going to court. Offender must agree to participate in any of these measures OR offender always has the choice of going to court.

Extra-judicial sanctions - When? Accused a first time offender Accused a first time offender The offence is non-violent The offence is non-violent Accused agrees and willingly participates. Accused agrees and willingly participates. Offender would normally have to go to court for their offence. Offender would normally have to go to court for their offence. Crown/police decides this is the approach they wish to pursue. Crown/police decides this is the approach they wish to pursue. P P

Possible Sanctions attending and taking part in counselling; attending and taking part in counselling; making restitution (payment of money or returning property) to the victim, if there is one; making restitution (payment of money or returning property) to the victim, if there is one; making a donation to a charity; making a donation to a charity; doing some work for or helping out the victim in some way, for example, gardening or shovelling snow; doing some work for or helping out the victim in some way, for example, gardening or shovelling snow; apologizing to the victim (in person or in writing) and acknowledging the harm you have caused; apologizing to the victim (in person or in writing) and acknowledging the harm you have caused; doing community service for a non-profit agency; doing community service for a non-profit agency; writing an essay about your behavior. writing an essay about your behavior.