Canada

Provides a listing of articles on restorative justice developments in Canada. Articles appear in the order in which they were added to the site with the most recent appearing first.

Tougher legislation needed on hate crimes

from Kristopher Wells and Murray Billett's article in the Edmonton Journal: ....Here in Canada, the gravity of hate crimes was officially recognized in 1970, when the government amended the Criminal Code to include hate propaganda as a punishable offence. In 1996, the government also introduced enhanced sentencing provisions for offences motivated by hate, and in 2001 included mischief to religious property as a specific hate-motivated offence. Despite this evolution, we argue that these legislative responses to hate have not gone far enough. The problem most concerning to many diverse communities and law enforcement officials involves the fact that there are still no direct provisions in the Criminal Code to identify hate crime as a violent offence (such as assault) or as a crime against a person or individual property (such as vandalism).

Church arsonist doubts God will forgive him

from Alexandra Zabjek's article in the Edmonton Journal: A man who torched two Wetaskiwin churches in what a judge described as a "totally senseless wanton act of destruction" was sentenced Thursday to four years in prison. But he was offered hope by one of the ministers whose church was destroyed. "We have not been abandoned and we don't want you, Peter Terence Jones, to feel abandoned," Wetaskiwin First United Church minister Ruth Lumax told the 24-year-old arsonist in her victim impact statement, which was read in court.

Equity leaders learn how to take restorative justice beyond the circle

from Rob Faulkner's article on Media@HWDSB: When the term “restorative justice” is used in education circles, many educators will think of, well, circles. The best-known tool associated with the RJ approach is likely the blame-free, multi-party conversation in the round that lets the person who caused harm and the person harmed find a solution. But it’s certainly not the only way to use RJ.

A justice system that focuses on the victim, as well as the offender

From the article by Harvey Voogd in the Edmonton Journal: When a crime occurs, it does not affect just one person, but also impacts their family members and the entire community. This was personally made clear to my family in the fall of 2008 when our pickup was stolen in the middle of the night. Though it was parked in front of our home in Edmonton and under a street light, neither we nor our neighbours heard anything. The truck was recovered near Alberta Beach, but was written off due to a combination of damage sustained and the age of the vehicle. We received $3,700 for the loss, but our new second-hand truck cost $11,000 -- a financial hit that we had not anticipated.

Tough on crime but short on logic

from Carol Goar's column in the Toronto Star: Promises beget price tags. Prime Minister Stephen Harper has revealed very little about the cost of the crime crackdown his government has begun and plans to extend in this session of Parliament. The Department of Public Safety has estimates of the growth of the prison population but the minister, Peter Van Loan, refuses to make them public, citing cabinet confidentiality. The government has projections of the cost of imposing mandatory minimum sentences for drug offences, meting out longer jail terms and beefing up police forces. But it hasn't made them public. Even in secrecy-obsessed Ottawa, however, some information gets out. This month, Correctional Service Canada released its spending estimates for the coming fiscal year. They showed a 43 per cent increase in capital expenditures on penitentiaries. In 2010-11, the government expects to spend $329.4 million on prison infrastructure. Last year's jail-building budget was $230.8 million. To put these numbers in perspective, Correctional Service Canada spent $88.5 million on prison construction when Harper took office four years ago.

Africville apology is a start, not an end

from Mike Barber's entry on Internet Health Info: This week's apology by city of Halifax Mayor Peter Kelly, for the evictions and razing of the African-Canadian community of Africville in Nova Scotia during the 1960s, marks a small but significant moment in the history of slavery and racism in Canada. The official apology issued February 24, 2010, made on behalf of Halifax Regional Council and Halifax Regional Municipality (HRM), was accompanied by terms of the 2005 agreement reached between the municipality and the Africville Genealogy Society, which, along with a formal acknowledgment of loss, included: * $3 million (CAN) contributed towards the reconstruction of the Seaview United Baptist Church which will serve as a memorial to Africville; * 2.5 acres of land at Seaview Park to be provided to the Africville Heritage Trust Board; * a park maintenance agreement to be established between Africville Heritage Trust and HRM for the lands known as Seaview Park; * and, the establishment of an African-Nova Scotian Affairs function within HRM.

Anti-crime bills deserved to die in Canada

from the comment by Elizabeth Woods in Times Colonist: The editorial on prorogation (Jan. 5) mentions that among the bills that died with this parliamentary session were many parts of "Harper's tough on crime agenda." This is the one good result of prorogation as these bills contained very bad criminal law. Stephen Harper is not "tough on crime"-- he is soft in the head on crime, preferring to build more prisons -- the most expensive, least effective form of influencing behaviour -- instead of investing in preventive measures, such as early childhood care and education, and the alleviation of poverty.

Federal prison-overhaul plan dismissed as amateur, alarming

from Janice Tibbetts' article at canada.com: Canada's blueprint for overhauling federal prisons is an amateur and "alarming" document that ignores human rights, gives the false impression that crime is rising, and provides no costs for flawed policies that would flood penitentiaries with more inmates, says a new report. The study attacks the Harper government for its speedy, wholesale adoption of the 2007 Roadmap to Strengthening Public Safety that made more than 100 recommendations, based largely on the premise that prisoners don't have automatic rights; they earn them.

Stepping toward restorative justice: Canada's Truth and Reconciliation Commission

 

Consultation Continues on Formation of a National Canadian Restorative Justice Organization

In January 2008, a Steering Committee began circulating a discussion paper to determine whether there is interest in forming a national restorative justice organization in Canada.

Consultation Continues on Formation of a National Canadian Restorative Justice Organization

In January 2008, a Steering Committee began circulating a discussion paper to determine whether there is interest in forming a national restorative justice organization in Canada.

Creating Alternatives for Young Offenders in Toronto

An innovative diversion programme offers young offenders in the Greater Toronto area an opportunity to clear their records and contribute to the community. Called PACT (for participation, acknowledgement, commitment, and transformation), it partners with youth courts to provide a restorative justice and community service alternative in sentencing young offenders.

. Circles of Support & Accountability: A National Replication of Outcome Findings

Results show that the offenders who participated in COSA had significantly lower rates of any type of reoffending than did the matched comparison offenders who did not participate in COSA. Specifically, offenders who participated in COSA had an 83% reduction in sexual recidivism in contrast to the matched comparison group (2.1% vs. 12.8%), a 73% reduction in all types of violent recidivism (including sexual – 8.5% vs. 31.9%), and an overall reduction of 72% in all types of recidivism (including violent and sexual – 10.6% vs. 38.3%). Overall, COSA participants were responsible for considerably less sexual, violent, and general offending in comparison to the matched comparison group. (excerpt)

. Sense of Community and Restorative Justice as Models of Support: Female Survivors of Sexual Abuse and Males who have Offended Sexually.

Sexual abuse is a social phenomenon that adversely affects the lives of the victims, those who have offended and the surrounding community. It is an issue of public health, policy and justice. Currently, few research studies explore the ability of community agencies to support all persons affected by sexual abuse and even fewer studies examining the perspectives and experiences of individuals legt searching for remediation or healing. The Revive program, part of Community Justice Initiatives in Kitchener, Ontario, Canada functions as a mutual-aid support group for persons affected by sexual abuse, using principles of restorative justice to guide their mission. This research gave voice to those who participate in Revive. Two focus groups were conducted, one with women survivors (n=4) of sexual abuse and one with men who had offended sexually (n=9). Findings indicate the powerful capability of a community-based program to heal individuals and relationships, and safely reintegrate both women survivors and males who have offended sexually. Specifically, the findings speak to entree (hearing about the program, initial perception and experience of the program), processes (how the program supports its members, how members support one another), structures (check-in and check-out processes, administration and staff, not having an agenda for group meetings), and outcomes (restorative justice, goals, needs fulfillment, and overall support that members receive). Similarities and differences between the experiences of women survivors' and men who offended sexually, in relation to their membership in their Revive groups, are discussed and explored. A theory of sense of community is used to highlight the connectedness amongst group members and the positive outcomes as a result of their membership and participation in Revive. Restorative justice principles are identified as common goals towards which survivors and offenders both strive. (excerpt)

Mitchell, Richard C and Moore, Shannon . Rights-based Restorative Justice: Evaluating Compliance with International Standards.

The authors' aim is to promote compliance with international legal standards by articulating intersections between young people's human rights and restorative justice principles — for legal theorists through transdisciplinary thinking and for practitioners by introducing the Rights Based Restorative Practice Evaluation ToolKit developed through this conceptual framework (Moore, 2008). This comprehensive approach was developed within the Canadian legal, social policy and youth justice contexts. Notwithstanding potential bias stemming from cultural or political milieu, the authors argue that rights-based restorative justice could contribute to the advancement of ethical practice in many UN-member states attempting to adopt these common frameworks. (author's abstract)

Libin, Kevin. Sentencing circles for aboriginals: Good justice?

Barry Stuart wishes he had never called them "sentencing circles." The former Yukon judge was the first in Canada to implement the controversial practice, initially in the landmark 1992 case, R. v. Moses. He used them regularly and they soon spread across Canada, primarily dealing with aboriginal offenders. Even in his retirement today, Justice Stuart consults with private organizations looking to adopt the "circle" model for conflict resolution. He retains his love for the concept, but his distaste for the label. (excerpt)

Libin, Kevin. Sentencing circles for aboriginals: Good justice?

Barry Stuart wishes he had never called them "sentencing circles." The former Yukon judge was the first in Canada to implement the controversial practice, initially in the landmark 1992 case, R. v. Moses. He used them regularly and they soon spread across Canada, primarily dealing with aboriginal offenders. Even in his retirement today, Justice Stuart consults with private organizations looking to adopt the "circle" model for conflict resolution. He retains his love for the concept, but his distaste for the label. (excerpt)

Cunliffe, Emma and Cameron, Angela. Writing the Circle: Judicially Convened Sentencing Circles and the Textual Organization of Criminal Justice.

Trial court judges who work in remote northern Canadian Aboriginal communities use judicially convened sentencing circles to gather information and develop sentencing recommendations in some intimate violence cases. Proponents claim that judicially convened sentencing circles are a restorative justice practice that heals the offender, his community, and the survivor of the violence. Proponents also look to sentencing circles as a tool to fmd a just outcome that minimizes Aboriginal men's incarceration. We use a methodology developed by feminist sociologist Dorothy Smith to consider whether the institutional priorities being established and approved by courts in sentencing circle cases provide adequate protection for Aboriginal women against recurrent intimate violence in their communities. Finding that Aboriginal women's experiences of violence are largely excluded from the realm of institutional concern, we suggest that judicially convened sentencing circles present a deceptively simple solution to the complex and longstanding problem of Aboriginal people's experiences with the Canadian criminal justice system. It is therefore important to counter the discourses that claim that judicially convened sentencing circles have the potential to restore Aboriginal communities. This article counters that discourse in two ways: first, by identifying that Aboriginal women's experiences and knowledge are being excluded from the judicial construction of Aboriginal communities in these cases; and, second, by reasserting that any solution to the problem of intimate violence must be part of a broader effort to overcome poverty and the legacy of colonialism within Aboriginal communities. (author's abstract)

McHale, M. Jerry and Robertson, Irene and Clarke, Andrea and Robertson, Irene. Building a Child Protection Mediation Program in British Columbia.

Effective implementation of mediation programs on a large scale is a complex challenge. This article describes the process of design and implementation of a child protection mediation model and highlights the challenges and successes involved in leading fundamental culture shifts within the child welfare system over a period of eleven years. (Author's Abstract)

Whonnock, Karen and Savarese, Josephine. Aboriginal courts for New Brunswick.

Over the last several decades, the Canadian criminal justice system has been encouraged to implement policies and programs that better correspond with the ideals and values of Aboriginal justice. Numerous commissions and task forces have pointed to the unequal treatment of indigenous peoples by police, courts, and corrections. Innovative approaches to remedying the limitations of the justice system's response are varied. They include the creation of Aboriginal court worker positions, the implementation of restorative justice measures, Aboriginal policing programs, and the development of correctional programming that seeks to be culturally appropriate. While often acclaimed, these initiatives have not stemmed the over-representation of Aboriginal peoples in Canadian prisons and they have failed to promote the rehabilitation and restoration required. As a result, governments have intensified their efforts to develop programs within all facets of the justice system. The establishment of specialized courts dedicated to serving Aboriginal clients is a recent initiative. These courts work to ensure that the charges against Aboriginal accused are heard in a forum where cultural sensitivity and respect are incorporated into the criminal justice process. Four Canadian provinces--Alberta, Saskatchewan, British Columbia, and Ontario--have established Aboriginal courts. Operating since 2000, the courts have nearly a decade of experience to share with other regions in Canada. To date, there has been limited consideration of the Aboriginal court model in the Atlantic region. I will examine the arguments for an Aboriginal court for the Province of New Brunswick (excerpt)