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Restorative Justice represents a return of the simple wisdom of viewing conflict as an opportunity for a community to learn and grow. It operates on the premise that conflict, even criminal conflict, inflicts harm, and therefore individuals must accept responsibility for repairing that harm. Communities are empowered to choose their response to conflict. Victims, offenders and communities actively participate in devising mutually beneficial solutions, and implementing those solutions. Conflicts are resolved in a way that restores harmony in the community members’ relationships, and allows people to continue to live together in a safer, healthy environment.
Research clearly tells us that when adolescents feel cared for by the people at their school and community and feel like a part of their school and community, they are less likely to use substances, engage in violence, or initiate sexual activity at an early age. Children who feel connected to school and community in this way also reported higher levels of emotional well-being.
The Youth Criminal Justice Act, passed in 2002, aims to promote accountability, responsibility, and meaningful consequences for youth crimes, support long-term, sustainable solutions, are more consistent with national and international human rights, and promote a more flexible and streamlined youth justice system.
Our current system of Retributive Justice views crime as a violation of the state, defined by lawbreaking and guilt. Justice determines blame and administers pain in a contest between the offender and the state directed by systematic rules.
The intent of this initiative will focus on Restorative Justice which views crime as a violation of people and relationships. It creates obligations to make things right. Restorative Justice involves the victim, the offender, and the community in a search for solutions that promote repair, reconciliation and reassurance. Rather than the state and its laws at the forefront, the focus remains on the disputants and on accountability, responsibility, and negotiating fitting amends and, to the greatest possible degree, the repair of the harm. Crime effects and erodes the community. Involving and empowering people to assist in the resolution of criminal conflicts that happen in their communities can reverse that trend, reducing the sense that the community is powerless to do anything about crime levels within it.
To this end we have identified the use of Restorative Justice as a process for holding children accountable and responsible for their actions.
Board program helps offender feel victim's pain
September 26, 2008
PAUL MORSE
THE HAMILTON SPECTATOR
A new style of justice is coming to Hamilton schools, designed to make wrongdoers understand the errors of their ways through direct interaction with their victims.
Called restorative justice, the new program will focus on making offending students see the harm they've done by emotionally connecting them to the impacts of their crime.
"Restorative justice does not replace what's going on in the judicial system," said Dale Pyke, co-ordinator the new two-year program funded by a $149,000 grant from the Ontario Trillium Foundation. It's a joint project between the Hamilton-Wentworth District Public School Board, Hamilton police and the John Howard Society.
"If someone has committed an offence, they have to follow the judicial process."
But running parallel will be the possibility of the restorative action.
The money will be used to train teachers, school liaison police officers and youth workers in restorative justice techniques, including conflict resolution and publicly accepting guilt.
Over the next two years, the program will be rolled out in Delta and Sir. John A. Macdonald secondary schools as well eight elementary schools.
Traditional discipline such as suspensions and expulsion aren't working, said director of education Chris Spence yesterday.
"Those practices just alienate the very youth who are in the most need of developing strong positive relationships," he said.
The idea is to make students take responsibility for their actions. What happens now is that a student is charged, convicted by the courts and punished, Pyke said.
What happens, he said, when the punishment is done? "That guy never has to take responsibility, never has to own up to it, and there is no empathy."
But with restorative justice, he said, the young offender meets the person they've harmed and figuratively walks a mile in their shoes.
"It gives him a chance to regain trust, and get themselves back into the favour of the community or the school."
While restorative justice can be applied to the whole range of criminality, police say only the courts can order it in cases of significant crimes.
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