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

Copyright © 2015 by Nelson Education Ltd.

1

Restorative Justice & CrimePresented at Annex Business Mediation,

Toronto , Ontario, June 10, 2015

Presented by Mark Yantzi, Restorative Opportunities Mediator, Correctional Services Canada.

If you could take 1000 crimes….

(Taken from Presentation by Wm. Outerbridge, former Chair of Parole Board)

Out of 1,000 crimes…...750 are discovered

Out of 1,000 crimes…...750 are discovered150 reported-police

Out of 1,000 crimes…...750 are discovered150 reported to

police80 result in police

investigation



investigation40 have charge

laid



investigation40 have a charge

laid20 come to trial

Out of 1,000 crimes……...750 are discovered150 reported to


investigation40 have a charge

laid20 come to trial16 are convicted

Out of 16 crimes convicted……...

3 get a fine,

5 get probation

8 go to jail


10

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


11

Principles of Restorative

Justice

Addressing harms and needs

Confirming obligations of

offenders, families,

communities, society

Inclusive and collaborative

Involving stakeholders

Righting wrongs


12

[[Insert C13-T01 - Box 13.1: THE QUESTIONS ASKED BY TRADITIONAL CRIMINAL JUSTICE AND BY RESTORATIVE JUSTICE]]


13

[[Insert C13-F01 - Figure 13.1: The Relationships of Restorative Justice]]


14

[[Insert C13-T02 - Table 13.1: Comparison of Retributive and Restorative Justice Principles]]


15

[[Insert C13-F02 - Figure 13.2: Comparison of Criminal Justice and Restorative Justice Participants and Processes]]


16

Restorative Justice Approaches


17

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


18


19

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

[[Insert C13-F04 – Figure 13.4 Circle Sentencing Settings ]]


20

[[Insert C13-T04 - Table 13.3: Differences Between Criminal Court and Circle Sentencing Principles]]


21

Restorative Justice Settings


22

Collaborative Justice ProjectUrban setting (Ottawa-Carleton)Pre-sentence approachConsiders 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


23

Restorative Justice in Aboriginal CommunitiesIncreasingly 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


24

Circle of Support and AccountabilityDeveloped 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 WEHousingEmploymentSpiritual and moral supportFinancial management


25

Challenges in

Restorative Justice

Resistance by criminal justice

personnel

Limited community interest or capacity

Perception that RJ approaches are

soft

Lack of public awarenessRevictimization

Victims and offenders

understand objectives

Victims and offenders are

equal participants


26

Effectiveness of Restorative JusticeYes Mayb

eNo Hard 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 ✔


27

SummaryDissatisfaction 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

Documents

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