What is Restorative Justice?
The Youth Criminal Justice Act is the federal legislation that governs young persons. It has jurisdiction over young offenders until they reach the age of 18. The Act allows for "Extrajudicial Measures". These measures can be used by the police and Crown attorneys to deal with young offenders without using the formal youth justice court system. Restorative Justice is such a measure, it is viewed by many as the most appropriate and affective way to address youth crime.
Extrajudicial measures are an alternative to the formal court process and provides a good option for a young person to be held accountable and to repair the harm caused by the offence.
The restorative justice process must include: the young offender's acceptance of responsibility, an apology to the victim(s), restitution (if applicable), and completion of their Resolution Agreement.Restorative Justice is also made available to appropriate first time, non violent, adult offenders.
What is a Restorative Process?
Many Canadians feel that the formal justice system is not always the best place to deal with some criminal acts.
A Restorative Process is a safe, controlled environment in which an offender, victim and their familes or supporters are brought together under the guidance of a trained facilitiator. Together, they discuss the offence, how they have all been affected, and jointly develop a plan to correct what has occurred.
Offenders must accept responsibility for their own actions. They are confronted with how their behaviour affected the victim, their family and supporters, their own family and supporters, as well the comminity as a whole. They hear it directly from their victim and other affected parties.
The conversations are often difficult and emotional, so a neutral, impartial and well trained facilitator is present to guide the conversation. Each person is encouraged to speak openly, honestly and fully.
Together they create a plan that will satisfy the needs of everyone. Agreements may include an apology letter, community service, or counseling. There are many options within restorative justice.