Presentation to the Prairie Region Restorative Justice Gathering. March 26, Barbara Tomporowski Ministry of Justice and Attorney General

Transcription

1 Presentation to the Prairie Region Restorative Justice Gathering March 26, 2008 Barbara Tomporowski Ministry of Justice and Attorney General

2 What is Restorative Justice? A philosophy guided by values such as healing, empowerment, dialogue, respect and accountability. Active participation by victims, offenders and community is the ideal. Restorative justice is a process whereby parties with a stake in a specific offence resolve collectively how to deal with the aftermath of the offence and its implications for the future. - Tony Marshall (1998) in Restorative Justice: An Overview.

3 Restorative Processes Questions in a restorative process: What happened? Who has been harmed? What do they need? How can things be made right? Common restorative processes in Canada: Victim-offender mediation Family group conferences/community justice conferences Circles Youth justice committees/community justice committees

4 A Continuum of Restorative Responses JUSTICE SYSTEM PROCESSES POLICE DISCRETION PROSECUTORIAL DISCRETION COURT APPEARANCE INCARCERATION POST-RELEASE DIVERSION TO HUMAN SERVICES ALTERNATIVE MEASURES/ EXTRAJUDICIAL SANCTIONS VICTIM- OFFENDER MEDIATION CONFERENCING/ JUSTICE CIRCLES SENTENCING CIRCLES POST-SENTENCING RESTORATIVE PROGRAMS RESTORATIVE JUSTICE OPPORTUNITIES CIRCLES OF SUPPORT / REINTEGRATION

5 Canadian Research In 2001, a Justice Canada meta-analysis found that: Victims and offenders are more satisfied with restorative justice. Offenders are substantially more likely to make restitution. There was a small but statistically significant reduction in recidivism. A 2007 Justice Canada study of programs supported by the Aboriginal Justice Strategy found that offenders who participated in AJS programs were less likely to re-offend. For example, 27% of AJS-funded program participants re-offended within four years, compared to almost half of offenders who were referred to these programs, but who did not participate.

6 Recent International Research Restorative Justice: The Evidence Many victims and offenders preferred restorative approaches over traditional justice approaches. Offenders are significantly more likely to comply with the conditions of agreements they make with the victim. RJ is most successful in reducing re-offending when it is used with violent offences. It has mixed results in property offences, and can be counterproductive with non victim offences. RJ resulted in reduced post-traumatic stress among victims. Cases are much more likely to be brought to justice with RJ than with the traditional criminal justice process.

7 Restorative Justice: The Views of Victims and Offenders Supports many claims made about RJ, such as enabling the victim to feel a sense of closure and ensure that the offender understands the harm caused. There was less support for the problem-solving aspect of RJ. 91% of victims accepted the apology they received. Factors that can lead to dissatisfaction with a RJ process: If the parties strongly disagree about what happened during the offence; If the facilitator was either too dominant or too passive; If outcome agreements were not followed; or If victims were not informed about the results of the case.

8 Benefits of Restorative Justice Enables victims, offenders and community members to be involved Increased partnerships between community organizations and agencies in the justice system and human services Increased understanding about the causes and consequences of the offence Enables healing and closure Increased likelihood of positive outcomes such as apologies and restitution Small but statistically significant reductions in re-offending

9 Limitations of Restorative Justice Ability to address broader issues Difficult to address underlying risk factors such as addictions, and broader issues such as racism and socio-economic inequality What role can RJ play in problem-solving and community empowerment? May not always be suitable in small, close-knit communities Questions regarding how to apply RJ within the criminal justice system Difficult to make inroads into the criminal justice system without strong support from government and justice agencies How does RJ fit within a tough on crime environment? May not be suitable for all offences particularly domestic violence and sexual assault Need experience with less serious matters before taking on serious violent offences It is not clear what types of victims and offenders are most likely to benefit from participating

10 Overview of Canadian Trends RJ is used to some extent in every province and territory. There has been rapid growth in the number of youth justice committees. While most referrals involve property matters and minor assaults, RJ is being used with more serious matters in some parts of the country. RJ networks are being developed or considered in many provinces and cities. Community interest in RJ continues to grow.

11 Restorative Justice in Canada RJ is supported under the provisions of the YCJA, the Criminal Code, the CCRA, and federal, provincial and territorial alternative measures/youth extrajudicial sanctions policies. Federal strategies, activities and initiatives include: Aboriginal Justice Strategy Restorative Justice Week and CSC initiatives PSEPC research and projects RCMP community justice forums Policy Centre for Victim Issues projects Youth justice projects

12 Saskatchewan 25 adult alternative measures and community justice programs, as well as 11 community justice committees About 6,300 adult and youth cases annually Flexible models tailored to each community Ongoing training program The province is currently reviewing the alternative measures/ejs policies The Regina Alternative Measures Program has begun handling serious cases through the new VOiCe program

13 Alberta 120 youth justice committees in Alberta A provincial restorative justice organization is being established The Alexis Restorative Justice Court is a First Nations Court that provides a treatment-oriented response to offending The Alexis Justice Committee reviews pre-sentence reports, identifies available resources, and monitors some probationers Referrals and discussions about cases involve the Court, the Crown, the RCMP and the Justice Committee The Court, the Justice Committee, Elders and community members share information about criminal justice processes and First Nations culture and traditions

14 Manitoba 54 active justice committees and 7 RJ agencies 10 northern First Nations involved in the MKO: a First Nations Justice Strategy providing a restorative, culturallyrelevant model Community-based organizations are developing a provincial RJ consortium The Community Holistic Circle Healing Project is an innovative partnership responding to sexual abuse

15 British Columbia About 60 active Community Accountability Programs that work with low-level offences, mostly on a pre-charge basis 18 Aboriginal justice programs RJ is being used to resolve disputes involving federal fisheries regulations Centre for Restorative Justice, Simon Fraser School of Criminology Vancouver, Fraser Valley and Vancouver Island have RJ networks The Fraser Region Community Justice Initiatives Program is a post-sentencing program for serious violent offences

16 Ontario The Ministry of the Attorney General supports: 57 youth justice committees About 10,000 referrals since piloted Justice Committees for Young Adults (ages 18-24) The Ministry of Children & Youth Services: 176 new or enhanced community-based programs since 2004, many of which use RJ practices Is developing an EJM framework that considers restorative practice Ottawa has a RJ network The Collaborative Justice Project provides victim-focused restorative services for serious cases

17 Quebec Extrajudicial sanctions programs are being used in about 35% of youth cases Systeme d intervention d autorite Atikamekw is a front-end program involving families and communities in responding to youth crime Community-based agencies are interested in developing a provincial organization

18 Nova Scotia Province-wide program supports an average of 1,600 youth referrals per year Unique features of the program include: The comprehensive restorative justice framework Best Practice Standards Values-based training series and learning module Mi'kmaw Justice Circle The Nova Scotia Restorative Justice Community University Research Alliance through the Dalhousie University Faculty of Law

19 New Brunswick There are federally-funded community-based restorative agencies The RCMP has been active with community justice forums and training The Ministries of Justice and Public Safety are working on a draft Framework for Restorative Justice

20 Northwest Territories Builds community capacity by addressing local issues and priorities 31 out of 33 communities accessed a coordinator and program funding in 2007/08 About 15% of NWT s population participated in a RJ activity in 2007/08 Emphasizes cross-training between justice committees, victim services, and community policing The RCMP has seconded a RJ Officer to the Community Justice Division

21 Nunavut Community justice committees are involved in activities such as diversion, crime prevention and healing. These committees incorporate Inuit law and knowledge into traditional counselling, victim offender reconciliation, and mediation

22 Other Jurisdictions PEI has RJ programs Newfoundland and Labrador is developing a program for handling adult cases with RJ The Yukon has a Domestic Violence Treatment Option Court with strong links to restorative principles

23 Continuing Community Interest 187 municipalities across Canada proclaimed RJ Week in 2007 This is a 50% increase from 2005 (111 proclamations) The 2007 proclamations represent about 12.3 million Canadians Growing use of Circles of Support and Accountability Over 100 across Canada Evaluations indicate that offenders who participate have very low reoffending rates

24 Strengths of RJ in Canada Support and leadership from communities, governments, universities, faith organizations and justice agencies A variety of community-based models and approaches that meet local needs Extensive experience Training and tools such as guidelines and standards

25 Challenges for RJ in Canada Increasing the number of referrals Expanding the use of RJ throughout the justice system Continuing to improve service delivery to ensure the highest quality of service This includes continuing to meet victim needs and build links to victim services Supporting research, evaluation and data collection

26 At a Crossroads in Canada Are we into the second generation of RJ programs? Mark Carey s model for the development of RJ: Infancy: Enthusiasm and excitement. Rapid growth occurs. Organizations take baby steps as they try new approaches. Adolescence: Resistance and conflict occurs as RJ values clash with the values of the criminal justice system. There is a need to clarify expectations and roles, and change operational practices and processes. Adulthood: Organizations settle in and RJ practices become normal. There is a risk of complacency or rigidity. It is necessary to continue maturing and evolving.

27 The Four Seasons of Community Healing from Mapping the Healing Journey Are we in the summer phase of this continuum? Winter: The Journey Begins. There is crisis, uncertainty, and lack of capacity, but new approaches are developed. Spring: Gathering Momentum. There is enthusiasm, hope, and a willingness to try new approaches, even though there is uncertainty about what to do. Summer: Hitting the Wall. Programs are mature, and services have become professionalized and standardized. New issues appear, burnout occurs, and there is a risk of backsliding. Fall: From Healing to Transformation. Community ownership is occurring and capacity has been strengthened. There is a readiness to take on new challenges.

28 Questions for the Future What approaches will Canadians support to address crime? How can RJ be applied to a wider range of processes within the justice system and in other sectors? Is there willingness to take on new challenges, and the capacity to address more serious offences? Will RJ give way to transformative justice or some other new paradigm?

29 Selected References Carey, Mark. (1995). Infancy, Adolescence and Restorative Justice: The Timing of Strategies in Promoting Organizational Change toward Restoration. In G. Bazemore and M. Schiff (eds.), Restorative Community Justice: Repairing Harm and Transforming Communities. Cincinnati, OH: Anderson Publishing Co., pp Lane, Phil, Bopp, Michael, Bopp, Judie, & Norris, Julian. (2002). Mapping the Healing Journey. Report prepared for the Aboriginal Healing Foundation and the Solicitor General of Canada. Latimer, Jeff, Dowden, Craig, & Muise, Danielle. (2001). The Effectiveness of Restorative Justice Practices: A Meta-Analysis. Research and Statistics Division, Justice Canada. Shapland, Joanna, Atkinson, Anne, Atkinson, Helen, et al. (2007). Restorative Justice: The Views of Victims and Offenders. Prepared by the Centre for Criminological Research, University of Sheffield, for the Ministry of Justice, United Kingdom. Sherman, Lawrence, & Strang, Heather. (2007). Restorative Justice: The Evidence. London: The Smith Institute.