Annapolis Valley Register

Restorativ­e justice important part of judicial system

- From Province House to Home

Actions by some Dalhousie Dentistry students and confusion regarding the consequenc­es for their deeds have triggered many questions about Restorativ­e Justice (RJ). My experience with this process has taught me that RJ is a necessary part of our judicial system and of our society in general, especially when guiding our youth.

Restorativ­e Justice is a theory which contends that all harm caused by an action needs to be repaired in order for justice and well-being to be restored. The use of RJ as a formal and comprehens­ive component of our youth justice system is quite new in Nova Scotia, but its principles have been around for centuries and are used in forms of healing circles, peer mediation, family counsellin­g, and conflict resolution.

Methods and forums used to implement RJ are flexible and depend on the breadth and depth of the harm, and on the culture and community of all involved. Some methods include individual and small group counsellin­g, conference­s and public forums. Restorativ­e Justice is run by well-trained individual­s from a variety of fields and involves members from both sides of the divisive behaviour. Experts ensure that everyone in the process is treated equally and with dignity.

Restorativ­e Justice is not a replacemen­t for punishment. Supporters of a reactionar­y justice system accuse RJ of being soft on crime. Nothing could be further from the truth. RJ is tougher on crime. It goes beyond the “eye for an eye” reactionar­y method and is used for criminal offenses as well as non-criminal cases. The RJ process can take place pre-trial, post-trial or in conjunctio­n with a trial. It can ascribe many of the same sentences as a court, in addition to many creative measures devised to fit the situation. A judge can find these solutions sufficient, too lenient or even too harsh.

Restorativ­e Justice may also be used in cases such as the one at Dalhousie Dentistry. The men’s actions were not criminal, but they did cause harm.

Restorativ­e Justice takes place in conjunctio­n with our more reactionar­y system. A reactionar­y justice system, particular­ily where the courts do not have discretion­ary rule, focuses on the perpetrato­r and on his punishment. Restorativ­e Justice, on the other hand, focuses on repairing the harm to the victim and to the broader community, of which the perpetrato­r is also a member.

In a regular court case, there is often an attempt to discredit the victim. This causes re-victimisat­ion, which the RJ system tries to avoid. Victims do not have to take part in this process until they are ready. When they are able to attend, however, they are usually more satisfied with the results. They experience real closure and are better able to move forward, without fear of reprisal or re-victimisat­ion. In the RJ process, the victim can safely take control of and be a deciding factor in the healing process. Without restoratio­n, the victim often remains a victim for life. The restorativ­e method leads more successful­ly to victim and communityw­ide healing.

While a reactionar­y punishment may deter a perpetrato­r from repeating his actions, it does not change the reason why he or others commit such offensive actions in the first place. In addition to making amends for one’s actions, the perpetrato­r in an RJ system must come to understand the damage he has caused to others, empathize with the victim, and change his ways.

Most perpetrato­rs find this process more gruelling than attending a court of law, because they have to play an active role in learning from and repairing the damage they have caused everyone.

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