Restorative Justice Week 2009

Some Models of Restorative Justice

There are various models or practices of Restorative Justice that are being utilized, adapted and tested across the country. As our collective understanding of restorative justice continues to grow, restorative justice models have also grown to reflect these new understandings. Recent years have reinforced the need to reflect, plan, and implement these models by taking into account the perspectives of all parties involved. Sound restorative practice, no matter what form it takes should be identified and evaluated by its adherence to the principles and values of Restorative Justice. Here then are a few brief descriptions of some of the models that are being used.

Victim-Offender Mediation: Victim-Offender mediation is a process that prepares and provides interested victims and offenders the opportunity to meet in a safe and structured setting with the assistance of a trained mediator. During these meetings, victims often tell the offender about the crime's physical, emotional, and financial impact on their lives, receive answers to lingering questions about the crime and the offender, and participate directly in developing options for trying to make things right. The offender is afforded opportunities to make apologies, provide information and to develop reparative plans and gain insight for personal growth. Victim-Offender Mediation is being used in cases of both serious and violent crimes, and for lesser serious criminal offences.

Community Conferencing: Community Conferencing is a broader term being used in Canada for a practice called Family Group Conferencing. It is rooted in Maori culture in New Zealand where, like in other parts of the world, the indigenous population is over represented in the court and prison system. The Maori concept involves the offender's family in the process of holding the offender accountable, in teaching individual responsibility and in addressing the harm done and minimizing the likelihood of future harm. In Canada, this model had been adapted to include not only the involvement of the offender and their family but also incorporates the victim and their family. The notion of family involvement has also been stretched to include supporters who may or may not be family such as close, concerned friends and neighbours.

Peacemaking Circles: Peacemaking Circles are rooted in Aboriginal experience and tradition, and are based on the belief that the primary responsibility for addressing the problems of crime lies in the community and not just with those directly impacted by the crime and their immediate families. Peacemaking Circles, be they healing circles or community circles or sentencing circles, also have at their core, the belief that it is important to address not only the presenting criminal problem but also to build a community. These circles focus on trying to uncover the underlying problems, and to restore balance where possible. Discussions in these types of circles often explore wider issues of local crime and prevention issues, going beyond just the situation at hand.

Surrogate Victim-Offender Dialogue: A variation of the Victim-Offender mediation model, this model provides an opportunity for dialogue between victims and offenders who are not associated by a particular offence (often referred to as surrogate victims and offenders). This process is an effective method for offenders to acknowledge the consequences of their offending behaviour to someone not directly involved in their crime while at the same time addressing the concerns and questions expressed by victims. Victims are given the chance to tell an offender about the impact of the crime and to understand the factors that contributed to a similar crime. These programs can be very helpful when it is not possible for a victim and their offender to meet for any number of reasons. Surrogate Victim-Offender dialogues can also be helpful in preparing victims and offenders for an anticipated meeting in the future.

¹Correctional Service Canada (2008). International Perspective on Restorative Corrections: A Review of Literature

Please register for the National Symposium on Restorative Justice
to be held in St. John's, Newfoundland and Labrador, November 18th - 20th, 2009
Contact Noreen Byrne at (709) 631-0069, cms@nfld.net