restorative justice & crime presented at annex business mediation, toronto, ontario, june 10,...
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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 discovered150 reported to
police80 result in police
investigation40 have charge
laid
Out of 1,000 crimes…...750 are discovered150 reported to
police80 result in police
investigation40 have a charge
laid20 come to trial
Out of 1,000 crimes……...750 are discovered150 reported to
police80 result in police
investigation40 have a charge
laid20 come to trial16 are convicted
Copyright © 2015 by Nelson Education Ltd.
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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
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Principles of Restorative
Justice
Addressing harms and needs
Confirming obligations of
offenders, families,
communities, society
Inclusive and collaborative
Involving stakeholders
Righting wrongs
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[[Insert C13-T01 - Box 13.1: THE QUESTIONS ASKED BY TRADITIONAL CRIMINAL JUSTICE AND BY RESTORATIVE JUSTICE]]
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[[Insert C13-F01 - Figure 13.1: The Relationships of Restorative Justice]]
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[[Insert C13-T02 - Table 13.1: Comparison of Retributive and Restorative Justice Principles]]
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[[Insert C13-F02 - Figure 13.2: Comparison of Criminal Justice and Restorative Justice Participants and Processes]]
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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
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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 ]]
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[[Insert C13-T04 - Table 13.3: Differences Between Criminal Court and Circle Sentencing Principles]]
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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
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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
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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
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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
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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 ✔
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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
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