Restorative justice important part of judicial system
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.