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Restorative Justice

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Nadine Halligan

on 19 November 2014

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Transcript of Restorative Justice

Central Toronto Youth Services

What is Restorative Justice?
Based on the principle that criminal behaviour harms not only the victim(s) of crime but also the community and, the offender(s) as well
Addresses the harm caused to victims by holding the offender accountable for their actions and restores their relationship with the community
The goal of restorative justice is to restore losses suffered by the victim, repair the relationship between the victim and the offender, and reintegrate the offender into the community

What are the Objectives of Restorative Justice?
How Can a CYW Help?
Through the process of restorative justice, CYW's help to...
Keep youth whose needs are not best met within the Youth Justice and Child Welfare systems out of those systems
Create opportunities for the voices of the community and those directly affected to be heard, and for them to participate in the process of repairing the harm
Create relationships between the youth and the community; reducing the likelihood of re-offending

Restorative Justice
1)Help offenders understand the effects of their crime and help take responsibility for their actions
2)Reduce likelihood of offender re-offending through reintegration in the community
3)To offer alternatives to conventional approach to sentencing
4)Involvement of community members to respond to and reduce crime and offer support to victims and offenders

What are the Benefits of Restorative Justice?
For the Victim?
Victims have opportunity to confront the offender and address the harm caused to them
The victim's family can benefit from knowing why they were victimized and that the offender has taken responsibility/ steps to repair harm
For the Offender?
Offender has opportunity to acknowledge harm caused to victim
Benefit from reconciling with victim and taking steps to repair damage caused
Offenders are also able to deal with underlying behavioral problems or social circumstances
For the Community and the Justice System?

Recognizes the importance of community members and volunteers in responding to and reducing crime
Community members are empowered-- become part of the justice system
The community may understand the situation of offender and offer help with the rehabilitation
Less expensive as many programs are run by volunteers; such as, judges, lawyers, mediators, families of victims
Victims, offenders and community members collaboratively resolve disputes, which alleviates some of the stress on the court system and reduces the costs involved
What are the Benefits of Restorative Justice? Continued.
When Does Restorative Justice Not Work?
1)Offender refuses to take responsibility for his/her crime
2)The victim is unknown or unwilling to participate
3)There is no community members willing to participate
4)The Crown does not consent to sentencing through restorative justice

Peacebuilders Canada
Who?
Where?
What?
Youth 13-24 years and their families
65 Wellesley St East Ste 300, Toronto, ON
Youth Justice program for moderate to high-risk youth serving a youth order and/or with matters before youth court.
Provides:
Guidance, counselling and comprehensive support
Court diversion and open custody programs
Probation outreach program
Referral from probation officer

Redemption Reintegration Services

Who?
Where?
What?
1460 Midland Ave, Toronto, ON

Youth 14-29 years who are experiencing conflict with the law

Support system for youth. Provides:
Reintegration services for African/Caribbean youth
Inmate support services
Post Incarceration Housing Support Services
Employment services
One-on-One reintegration supports
RSS Transitional School on site in partnership with Toronto District School Board for students 16-20 years
John Howard Society of Toronto
Who?
Where?
What?
Adults and youth in conflict with law in Toronto.
60 Wellesley Street West, Toronto, Ontario
Services provided include:
resource counseling
housing
employment opportunities
self-help groups
conflict resolution and problem solving skills
"Relationships are all there is. Everything in the Universe only exists because it is in relationship to everything else. Nothing else exists in isolation. We have to stop pretending we are individuals that can go it alone."
-Margaret Wheatley

What Piece of Legislation Applies to Restorative Justice?
YOUTH CRIMINAL JUSTICE ACT (YCJA)
Main Objective of YCJA:
To increase the use of effective /timely responses that DO NOT involve the court with less serious offenses by youth
Objectives of the Youth Justice System:
Crime prevention
Rehabilitation and reintegration
Meaningful consequences
These objectives taken together will promote the long-term protection of the public.
What is the Youth Criminal Justice Act?
The YCJA protects youth aged 12-17, who commit offenses, and ensures they are treated differently than adults
It states that:


Measures to deal with youth crime should be meaningful to the youth, encourage the repair of the harm done to victims and the community and should be responsive to the needs and circumstances of Aboriginal youth and youth with special requirements.
Measures must be fair and in proportion to the seriousness of the offence.
Youth have due process rights, which include the right to be heard and participate in the decisions that affect them.
The youth, his or her parents, the victim and the community all play an important role when addressing the youth’s criminal behaviour.
The YCJA gives rehabilitation and reintegration special emphasis and recognizes the importance of timely intervention.
The YCJA allows the opportunity for early intervention and recognizes the need and interest of the victim and they are given the opportunity to participate and the opportunity to be heard in hearings.
Provides community based alternatives to the court system
Works on the root of violence and tries to repair the harm that is done
Restorative Justice offers youth that may be at risk appropriate programs and services
Helps foster interracial and ethno-cultural harmony and co-operation
Strengthens homes, school and community partnerships with the police

The YCJA and Restorative Justice
How Can Restorative Justice Help Us As CYW's?
Restorative philosophy shares a common universe of values and practices as Child and Youth Work practices
Both are relationally focused, work with and engage others, unconditionally accept the individual, strive for solutions and work to achieve the repair of harm, restoration of relationships and the transformation of individuals
Did You Know?
In Canada...
Youth are incarcerated at a rate higher than any other western country, even the US?
Youth are incarcerated at a higher rate than adults who commit the same offenses, with 80 % of youth sentences for non-violent offenses?
70% of Youth tested were below a Grade 8 literacy level?
http://www.cbc.ca/fifth/episodes/2012-2013/lost-in-the-struggle-the-next-chapter

The Fifth Estate
Lost In The Struggle: The Next Chapter
Documentary based on the "hood life" of three individuals: Chuckie, Burnz and Freshie.
Set in Toronto, specifically Jane and Finch, 2006-2012.
Three personalities, Three challenges and Three Different Outcomes.
Resources
2013 Community Safety Investment Program. (2013). Retrieved November 19, 2014, from http://www.toronto.ca/legdocs/mmis/2013/cd/bgrd/backgroundfile-58268.pdf

Central Toronto Youth Services. (2014, August 19). Retrieved November 19, 2014, from http://www.211ontario.ca/detail/en/80784

Griffin Centre (Ed.). (2014). Restorative Justice. Retrieved November 19, 2014, from http://www.griffin-centre.org/staging/downloads_programs/CFSS_RESTORATIVE JUSTICE.pdf

Lost In The Struggle: The Next Chapter - the fifth estate - CBC News. (2013, April 10). Retrieved November 19, 2014, from http://www.cbc.ca/fifth/episodes/2012-2013/lost-in-the-struggle-the-next-chapter

Prison Fellowship Canada. (2014). Retrieved November 19, 2014, from http://www.prisonfellowship.ca/resources/issues-statistics/

Redemption Reintegration Services. (2014, November 11). Retrieved November 19, 2014, from http://www.211toronto.ca/detail/en/161534

Restorative Justice. (2014, June 10). Retrieved November 18, 2014, from http://www.csc-scc.gc.ca/restorative-justice/index-eng.shtml

Restorative Justice. (2014). Retrieved November 19, 2014, from http://www.justicebc.ca/en/cjis/crime/crime_awareness/restorative_justice.html

Restorative Justice. (2014). Retrieved November 19, 2014, from http://www.thecentrefortransformativepractices.com

Restorative Justice in the Criminal Context. (2013, December 16). Retrieved November 19, 2014, from http://www.ojen.ca/sites/ojen.ca/files/resources/Restorative Justice_0.pdf

Short Guide to Peace Building Circles. (2013, July 4). Retrieved November 19, 2014, from http://peacebuilders.ca/wp-content/uploads/2014/07/Short-Guide-to-Peace-Building-Circles.pdf

Training for Police and Professionals | Explore the YCJA. (2014, January 1). Retrieved November 19, 2014, from http://www.ycja.ca/police
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