A New Way of Addressing Crime: Restorative Justice

Written by Isabelle Guertin on 12/11/10

Photo by WolfSoul on Flickr

“An eye for an eye makes the whole world blind.” – Mahatma Gandhi

On April 1st, 2003, the Youth Criminal Justice Act (YCJA) officially replaced the Young Offenders Act (YOA). Rather than relying on punitive measures, which are defined as strict measures such as imprisonment, the Youth Criminal Justice Act favours other means to deal with youth crime outside of the Criminal Justice System (YCJA – Sentencing Principles). One alternative to imprisonment is the basis of this article: Restorative Justice.

What is Restorative Justice?

Restorative justice is a process used to right the wrongs that may have resulted when a crime was committed. It is a type of ‘community healing’ and recognizes that crime is wrong and should not occur but also understands that imprisonment is not an ideal solution. Therefore, it deals with crime outside of a court setting. In a restorative justice setting, both the offender and the victim are present and they both come up with a solution to re-build the relationship that was damaged by the crime.

Victims of crime want answers as to why the crime occurred but at the same time, they want to feel safe and empowered. The restorative justice process helps the victim properly deal with the crime. Restorative justice takes place over a series of sessions, which means that the offender and the victim meet for a certain period of time to communicate about the crime and the ways they can deal with it. Family members and community members are present during these sessions. The process is not meant to punish the offender but to help all those involved understand what happened and repair any harm that was done.

Restorative justice can take place in healing circles, talking circles or community justice forums. It can be used for both adults and youth to deal with various issues (ranging from bullying to assault). They attempt to make plans and set specific regulations that the offender must follow in order to ensure that crime does not happen again. Restitution or compensation is often the result of restorative justice.

How does restorative justice work when a crime is committed?

Scenario: Gabriel has wanted a snowmobile for a long time. His parents refuse to let him have one. Deciding he no longer wants to wait till he’s old enough, one night, he breaks into his neighbour’s house, steals the key to his snowmobile and takes it out for a ride. Two hours later, Gabriel is still riding but is starting to feel tired. He closes his eyes for a second and instantly falls asleep. The snowmobile hits a tree and when Gabriel gets off; he notices that the front part of the machine is dented. By this time, his neighbour has already called the police. Gabriel is eventually found. It is decided that restorative justice is the best way to deal with this crime.

During a restorative justice session, the talking or healing circles take place in a room where the chairs are set up to face the others. For instance, Gabriel and his neighbour would be sitting across from each other, surrounded by their families. Mediators, often psychologists or social workers would also be present and they would ensure that Gabriel and his neighbour understand why the crime occurred and together they would develop a way to deal with it. Gabriel might explain that he didn’t intend to hurt anyone, he just really wanted to try out the snowmobile and thought that he could bring it back before his neighbour even realized it was gone. His neighbour would explain that he felt that his safety was violated and worried about how easy it would be to have other things stolen. By having both people interact and communicate, it is hoped that the offender will realize the effects of his/her actions and that any anger or sadness will disappear as both individuals hear each other’s side of the story.

In terms of how to address the crime, the neighbour (victim) and Gabriel (offender) would brainstorm ways to repair the harm done. In this case, Gabriel might need to apologize to his neighbour. It is very likely that Gabriel would need to pay for the damage.

The benefits of Restorative Justice

• Very cost effective
• There is closure and healing for the victim
• The crime is addressed quicker with restorative justice than if the court was involved
• Both parties are heard
• The whole issue is taken under consideration before a decision is made
• The community is part of the decision making process
• Repairs relationships that were harmed by crime
• For more information dealing with restorative justice and community justice, click here!

Links

RCMP – Restorative Justice
Youth Criminal Justice Act (YCJA)

One Reader Comment:

1. 

   CourtneyNovember 27th

   I’m on a youth justice commitee and I agree that restorative justice is often a better option then going through the court system. It’s almost like giving them a “second chance” and most students learn from this and are left with a clear criminal reccord. I think this is the best way to deal with less serious crimes.