According to Canada’s Department of Justice, restorative justice is:

“an approach to justice that seeks to repair harm by providing an opportunity for those harmed and those who take responsibility for the harm to communicate about and address their needs in the aftermath of a crime.”

What is the purpose of Restorative Justice?

Restorative justice (RJ) allows both victims and offenders to tell their stories and provide an opportunity for healing, reparation and the reintegration of victims and offenders into their communities as whole, contributing members of society.

A 2018 meeting of Federal-Provincial-Territorial Ministers responsible for Justice and Public Safety created the Principles and Guidelines for Restorative Justice Practice in Criminal Matters which states that RJ exists because of the following three beliefs:

1. Those who have caused harm have a responsibility to repair that harm.
2. Those who have been harmed are central in deciding what is needed to repair it.
3. Communities have a role to play in supporting victims and offenders and addressing the root causes of crime.

The goal for victims is to

• have their questions answered
• hold the offender accountable
• identify what can be done to repair the harm

The goal for offenders is to

• accept responsibility for and acknowledge the harm caused
• hear how their behaviour affected others
• participate in determining how to repair the harm

Who orders Restorative Justice measures to be used?

Restorative justice measures may be used in cases that involve crimes ranging from minor to serious, with both adults and young persons, first-time offenders, and repeat offenders. They can be used at all stages of the criminal justice system and are found in every province and territory.

Referral to a RJ program may be made by:

• police,
• the crown,
• courts,
• corrections and
• victim serving agencies

How are Restorative Justice measures used in a court proceeding?

It is at a judge’s discretion to refer to or incorporate RJ measures into court proceedings. This may occur in several ways. For instance, the judge may:

• request that victims, supports or other community members attend the proceedings to provide more information on the circumstances of the offence, the impacts and harms caused, the relationships impacted, and the needs that result
• ask for sentencing recommendations that include RJ processes
• have an individual participate in an interim RJ process while awaiting sentencing, to ensure ongoing accountability to the community
• require that an offender complete a RJ program to assist the court when making sentencing decisions (before a sentencing order)
• include referral to a RJ process in a sentencing order to help address the harm caused by the offence
• require that an offender complete a RJ program as part of a community-based sentence

What type of Restorative Justice measures are there?

The type of RJ measure taken depends on several factors, such as the participants, community, case, or circumstances of the offence(s). Although each province has different types of programs, the most common are:

• Victim-Offender Mediation
• Restorative Conferencing
• Community Justice Forums
• Circle Processes (peacemaking, healing, sentencing, support and accountability)

These programs are guided by skilled facilitators who are experienced in working with victims of crime. View the Canadian Resource Centre for Victims of Crime “Restorative Justice in Canada: What Victims Should Know” for more information on these and other RJ measures.

Restorative Justice programs in Canada

Government programs include:

• the Indigenous Justice Program and
• Correctional Service Canada Restorative Justice Program: Restorative Opportunities

Directory of Restorative Justice

The Directory of Restorative Justice is an electronic directory for RJ programs throughout Canada. Users may search the directory to find a program by

• program name
• type of client (e.g. all, indigenous)
• demographic (e.g. all, adult, youth)
• types of offences
• region (e.g. all of Canada, by province, postal code)

Legislation

Some mention of RJ appears in many federal laws. These include:

• Criminal Code: Section 717: Alternative Measures, sometimes called “diversions”, refer to any program, strategy, or response used to hold someone accountable for their actions

• The Youth Criminal Justice Act sections 4 and 5 refers to the Principles and Objectives of Extrajudicial Measures and Sanctions.

• The Canadian Victims Bill of Rights Section 6(b) provides that victims have a right to information, upon request, about services available to them, including restorative justice programs.

• The Corrections and Conditional Release Act Subsection 26.1(1) provides for the opportunity for a victim to request information about restorative justice

More info

Visit the Department of Justice Canada website for more information on restorative measures. Correctional Service Canada also provides an extensive list of resources.

Get help

To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

If you have been charged with a crime, it is important to hire an experienced criminal defence lawyer as soon as possible. Contact our preferred criminal defence expert, Calvin Barry Criminal Lawyers for a free consultation at 416-938-5858 .

								
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