Reports and Publications

Framework Paper on Restorative Justice

Prepared by:
The Restorative Justice and Dispute Resolution Unit
Correctional Service of Canada

340 Laurier Avenue West
Ottawa, Ontario
K1A 0P9
(613) 947-7309

May, 1998
Resource Document #0001

1. PURPOSE

• The purpose of this paper is to provide a framework to guide CSC's future work in the area of Restorative Justice.

2. A CLIMATE FOR RESTORATIVE JUSTICE

Concern about the Current Criminal Justice System

There is an increasing sense of dissatisfaction and frustration with the current criminal justice system which is finding loud expression in public opinion and in the views of many who work in or who are impacted by that same system. Evidence for the concern can be found in:

• the growth of the victims' rights groups and the call for a victims' bill of rights;
• the hardening of public attitudes towards the early release of many offenders particularly federal sex offenders;
• the calls for tougher sanctions and more punishment;
• the concern over the slow pace of justice, over-extended court calendars, and costly, overcrowded prisons;
• the growth of the public's perceived fear of crime, even in the face of decreasing crime rates;
• the increased sense of helplessness experienced by the public about its ability to feel safe and to influence criminal justice outcomes;
• the corresponding demand by citizens for a more active role in policies and programs that affect them, and for more accountable governments.

At the heart of the dissatisfaction there seems to be a growing consensus that the needs of victims are not being sufficiently attended to, that offenders are not being held fully accountable for their actions, and that community voices about public safety are not being heard.

Issues in the current corrections environment

This environment of dissatisfaction has created special challenges for the Correctional Service of Canada as it works to achieve its Mission, internally and externally. These challenges can be summarized as follows:

• public confidence in the wake of incidents and investigations that have been critical of CSC;
• healthy, safe, equitable and productive correctional environments for staff and offenders in a time of over crowding, heavy workloads and diminishing resources;
• meaningful community involvement in an environment where fear of crime and lack of knowledge of the Criminal Justice System are still barriers.

Promising Signs

There are however, a number of promising trends in our society which suggest a movement towards a different way of thinking about justice and alternate ways of delivering justice services to address the fundamental dissatisfactions. This movement towards more restorative rather than retributive goals for the Criminal Justice System is gaining favour in Canada and in many countries around the globe. It is rooted in the teachings of indigenous peoples, expressed in many faith traditions, and has been informed by numerous schools of thought. Trends are evidenced in the following sectors of society.

Public Support : Research on public attitudes shows increased acceptance of reparation, restitution and mediation approaches for less serious offenders and offenses, provided that victims agree that this should occur.

Academic Community : Public schools are using alternative processes to address serious disciplinary issues. Conflict resolution is being introduced into core components of elementary and high school programs, and students are increasingly becoming involved in peer mediation and community-based activities that promote alternative processes. Colleges and universities are establishing dispute resolution centres, and the development of and enrollment in academic programs on Restorative Justice, peacemaking and dispute resolution has grown.

Community-based agencies : There is an increase in the number and variety of voluntary sector organizations and community-based agencies which are addressing the issues of healing, reconciliation and dispute resolution as a part of their core services and processes.

Faith Communities : Reconciliation processes are being articulated by faith communities, as evidenced in public statements from mainstream churches on social justice issues and peacemaking. There has also been a greater interest in celebrating Restorative Justice Week activities in faith communities, as well as an expansion of curricula in theological colleges to include Restorative Justice issues.

First Nations Communities : The development and operation of First Nation's justice systems is continually growing. Many of these systems rely on traditional principles of spirituality and healing which embody restorative approaches.

Governments : Many jurisdictions are expanding dispute resolution policies to promote more alternative processes, developing more community-based justice models and alternatives to incarceration, and supporting restorative and traditional Aboriginal healing approaches. The federal government has committed to safer communities using strategies that include alternative and restorative approaches and has established a crime prevention council, which will support communities in the development of those alternatives.

The Corrections Population Growth paper, which was endorsed by all federal, provincial, and territorial Ministers of Justice and Solicitors General in May 1996, encouraged the exploration of mediation and other restorative approaches to reduce incarceration as does the Sentencing in Corrections Review Initiative. The CCRA permits the development of specialized agreements under Section 81 and section 84. These sections have inherent restorative components.

Legal Community : Seminars and training workshops are being held for the legal community on restorative approaches, and law schools are incorporating mediation training into core curricula. Lawyers are becoming increasingly specialized in mediation and dispute resolution, and the Canadian Bar Association endorsed such practices at its 1996 Annual Meeting. Provincially, Ontario has implemented court-mandated mediation for civil and family law cases. The Criminal Code of Canada now permits judicial discretion in the use of alternative measures for adults.

Media Community : The media has given increased attention to processes that highlight mediated outcomes as well as stories of restorative programs and individual healing experiences. This expanded media response has seen articles in mainstream Canadian magazines, features on radio and television and a noteworthy number of newspaper articles referring to Restorative Justice and Dispute Resolution.

Victim Community : There is growth and organization among victims to: a) increase services to victims in the aftermath of crime; b) increase the likelihood of financial reimbursement for the harm done; c) expand victims' opportunities to intervene or participate in the criminal justice process, and d) obtain support for victims' efforts to heal and recover.

International Community : The United Nations' crime prevention and criminal justice standards have changed to reflect principles of Restorative Justice theory. Also, the Declaration on the Implementation of Basic Principles of Justice for Victims of Crime and Abuse of Power, recently introduced informal dispute resolution methods such as mediation and conciliation. Many countries are researching, experimenting and implementing Restorative Justice processes. Notable are Australia and New Zealand's large scale efforts to introduce Family Group Conferencing for young offenders. A successful international symposium entitled, “Beyond Prisons” explored Restorative approaches as part of its agenda. Canada is a participant in an international university exchange program that is highlighting Restorative Justice research.

3. WHAT IS RESTORATIVE JUSTICE?

Definitions

Restorative Justice, not only the term itself but also its underlying theory, has come to hold a variety of meanings to various stakeholders. There are many rapidly evolving definitions and descriptions of its concepts. No single definition will embrace all of the writings or perspectives on this reform movement, however, the following reference to the thinking of some accepted experts builds a picture of the basic tenets.

"In a mainstream or Retributive Justice model, crime is seen as a violation of the state defined by lawbreaking and guilt. Justice determines blame and administers pain in a contest between offender and the state directed by systematic rules. In a Restorative Justice model, crime is seen as a violation of people and relationships and creates obligations to make things right." (Howard Zehr, Changing Lenses 1990)

"Restorative Justice emphasizes the importance of elevating the role of victims and community members through more active involvement in the justice process, holding offenders directly accountable to the people they have violated and providing a range of opportunities for dialogue, negotiation and problem solving, which can lead to a greater sense of community safety, social harmony and peace for all involved."(Umbreit, 1996)

"Restorative Justice is a way to do justice so that healing can take place and this includes the important elements of: calling to account for one's actions; reparation; dealing with what went wrong ; dealing with the feelings and issues around it; dealing with the harm of the crime, but also of the harm of the criminal-justice process."(Berzins, 1996)

"Active community involvement strengthens the community itself and reinforces community values of respect and compassion for others. The role of government is substantially reduced from its current monopoly of the criminal justice process. Restorative Justice demands a cooperative effort by the community and the government to create an environment in which victims and offenders may reconcile their conflicts and resolve their injuries. Victims and offenders are able to do this best when the government preserves order and the community promotes peace." (Van Ness, 1996)

"Central to Restorative Justice thinking is recognition of the community rather than criminal justice agencies as the prime site of crime control." (Ministry of Justice, New Zealand 1995)

Principles

At the core of all these definitions are common principles or key convictions that distinguish the restorative approach from current criminal justice philosophy:

• Inclusiveness; All stakeholders (victim, offender and community) have an opportunity to be involved in assessing the harm done and building a plan for addressing that harm.
• Reparation; The goal and focus is support and healing for all those affected by the crime. Victim's needs are given primary, although not exclusive, priority.
• Accountability; Offenders are accountable to victims in ways that recognize victims' needs for restitution and reparation, and to the community in ways that encourage responsibility, healing and pro-social behaviour.
• Community Involvement; Community based solutions are central. Community members are involved in naming the harm and in developing and monitoring peaceful solutions.
• Accessibility; Restorative options are available at all points along the criminal justice continuum, from the earliest opportunity in the conflict until its final resolution.
• Holistic Approach; Attention is paid to harm at the physical, psychological, emotional and spiritual levels.

As restorative justice is a substantially different approach to justice, a number of critical pre-conditions must be kept in mind with respect to the use of these initiatives:

• Choice; Participation in restorative initiatives should be voluntary.
• Fairness;; Processes and programs must ensure that human rights are protected and procedural safeguards are in place according to rules of natural justice.
• Equality; Restorative measures must recognize and address existing personal and systemic power imbalances and inequities in order that these measures do not re-victimize.
• Sensitivity;; Restorative responses must ensure a tailored approach, which attends to cultural and gender differences.

There are a variety of models and applications emerging within the Restorative Justice movement. Models can be grouped by whether they are system or issue driven, by the extent to which they repair harm, reduce incarceration, involve community, or by the point in the criminal justice continuum at which they are introduced. For example, the range in relation to the latter category includes such models as: family group conferencing at the pre charge stage, sentencing circles in Aboriginal communities, collaborative sentence planning at post charge, victim-offender mediation at post sentence, dispute resolution interventions in correctional settings, and releasing/healing circles in preparation for community based supervision.

Restorative justice is having a notable impact on criminal justice policy makers and practitioners. Preliminary data from studies on restorative interventions suggests that these initiatives hold considerable potential for changing the focus of criminal justice work by diverting a large number of offenders from the traditional correctional system and for reducing the frequency and severity of recidivism. Redefining and restructuring our criminal justice system so that crime victims, victimized communities and offenders are fully involved in the system is a profound shift. These outcomes also seem to hold the promise of increasing community confidence, understanding and support. In addition, research in the area of victim-offender mediation has revealed high levels of victim and offender satisfaction and healthy closure for all parties involved.

4. THE CSC - RESTORATIVE JUSTICE CONNECTION

Relationship to CSC's Mission, Core Values and Strategic Objectives

The Correctional Service of Canada's Mission and organizational emphasis on being value-based and results-driven situates our organization well to formally support Restorative Justice thinking and practice as a means of achieving our goals and objectives, and as a way to contribute to criminal justice reform. Many components of our Mission are reflective of, or can be linked to, the restorative approach.

In particular, several of CSC's core values and guiding principles, with their emphasis on individual dignity, respect and potential, as well as those recognizing the importance of community connections and partnerships, lay the groundwork for a restorative framework. So too, do many of the strategic objectives including: information sharing; positive interactions between staff and offenders; opportunities for offender contribution to community; concerns of victims; roles for volunteers; mobilization of community resources; relationships based on openness, trust, and mutual respect; fair systems of redress; partnerships with and education of community stakeholders; and programs to assist and hold offenders accountable.

In addition, many of our current initiatives have relevant components that could be developed further and expanded in line with a restorative framework.

History

CSC's experience with Restorative Justice has had significant roots within Chaplaincy Services. This sector has made a number of contributions to restorative ways of thinking about Chaplaincy and CSC which is shown by their involvement in the following areas:

• contribution to a key component of the Mission relating to Victims;
• outreach to offenders' families;
• promotion of victim-offender mediation pilot initiatives;
• development of community Chaplaincies;
• establishment of Prisoners' Sunday in Canada (later Prisoners' Week, then Restorative Justice Week);
• co-sponsorship of community-based dispute resolution initiatives;
• training of chaplains in mediation skills;
• affirmation of its Chaplaincy Mission as rooted in a faith understanding of Restorative Justice;
• development of circles of support and accountability for WED sex offenders.

There are many other significant movements within CSC that have helped shape the growth of initiatives, which contain restorative elements. These include:

• innovative programs and policies within CSC operations that reflect native culture, traditions, spirituality and healing processes as legitimate approaches to the needs of Aboriginal offenders and which prepare them for release and successful reintegration;
• the opening of Aboriginal healing lodges which have restorative processes at their core;
• policy, programs and facilities which respond to the unique situation and needs of Federally Sentenced Women;
• expanded roles for volunteers;
• expanded use of small group living arrangements;
• correctional programs which include victim empathy, offender accountability, and healing components;
• expanded commitments to community consultation and education, including targeted work with victims and victims groups;
• personnel practices and training which promote harassment-free workplaces;
• follow-up to investigative processes that include crisis debriefing and survivor support;
• improvements to grievance processes for both staff and offenders;
• expanded use of mediation to support correctional operations.

The thrust towards a restorative approach with its values of inclusion, participation, community connectedness and meaningful resolution are also consistent with trends within government as a whole. Reports such as the Deputy Minister Task Forces: From Studies to Action stress the need for values based leadership, inter-departmental collaboration for problem solving, citizen focused service, government and community partnerships, teamwork and trust-building. These characteristics create an ethos for healthy and respectful human interaction and conflict resolution which restorative approaches can build on.

Current Restorative Justice Initiatives

In I996, CSC established a small unit to explore emerging trends and initiatives in the fields of Restorative Justice and Dispute Resolution. This unit has acquired knowledge and has advanced work in this area on a number of fronts.

Education:

• key partner in the development and organization of the first national symposium on Restorative Justice entitled "Achieving Satisfying Justice: A Symposium on Implementing Restorative Models", which was held in March 1997 in Vancouver;
• assistance with a number of regional, provincial and local follow-up events and initiatives inspired by the symposium;
• publication with Saskatchewan Justice of a Canadian survey in which 147 new Restorative Justice related activities were identified. Of these, CSC was an active partner in 23, representing 16% of the total;
• educational presentations to key stakeholders at internal and external events and conferences.

Research and Development:

• development of key partnerships relevant to the advancement of restorative justice;
• sponsorship and evaluation of a number of community based restorative justice initiatives;
• development of Restorative Justice educational tools and materials;
• leadership in developing a federal public service Dispute Resolution Network;
• support for the development of operational pilot initiatives;
• mediated encounters between victims and offenders.

Capacity building:

• expansion of capacity for internal dispute resolution through staff mediation training;
• selected training of CSC staff in Restorative approaches
• involvement in the development of the federal government's Shared Mediators program and Dispute Resolution Fund.
• input to policy papers and corporate objectives.

The specifically dedicated activities of the NHQ-based Restorative Justice and Dispute Resolution Unit and the related work of other branches, sectors and regions has already established CSC as a prominent player in the Restorative Justice movement. There is a need now to consider the learnings to date, other potential applications to our service and what roles we might assume in the future development of this emerging field.

5. FRAMEWORK FOR ACTION - A RESTORATIVE JUSTICE STRATEGY

In view of the serious challenges it faces, within the criminal justice system, within the Service and with the Canadian public, CSC could benefit greatly from promoting Restorative approaches, and is in a unique position to offer leadership.

• CSC has clear, articulated values and a strong vision of the progressive correctional goals it aims to achieve and the positive contribution it intends to make to the larger criminal justice system and community;
• CSC is well placed in the criminal justice system to bring many key players together around significant decisions affecting the offender and the community in a climate where judgements have been made and healing needs to occur;
• CSC has earned credibility through experiences of productive partnerships and innovative projects with others who have expertise in the area of Restorative Justice;
• CSC's vision is supported by the current Solicitor General and the federal government's commitment to safer communities, alternative processes, and a strengthened and renewed public service.

CSC has many opportunities to contribute expertise, in partnership with others, and to integrate the benefits of the restorative approach into its work. These opportunities relate to CSC's commitments in three areas, as follows:

1. Criminal Justice Reform

Core Value # 1 calls on the Service to "respect the dignity of individuals, the rights of all members of society, and the potential for human growth and development". Nowhere is there a more profound opportunity to realize this value than in providing leadership in the development of a restorative approach to criminal behaviour including restoration as a key aspect of rehabilitation. Restorative justice has, at its root, a conviction in the worth of each individual, the importance of reparation and reconciliation as correctional goals, and the power of accountability and healing to foster personal growth leading to law-abiding behaviour.

As those to whom the nation has charged the care and control of its offenders, the role of the Service is critical in developing public understanding and vision about how that work could be more effectively and safely accomplished. The restorative approach offers the hope of a justice process, which involves a more satisfactory response to victims, offenders and the community than the current system.

It is recommended that CSC:

Develop and support cultural change with respect to restorative principles by:

• affirming restorative justice as consistent with CSC's Mission and Core Values and, including it in the assessment process,
• assessing CSC's current conflict management processes, including the nature of current disputes between staff, between offenders, and between staff and offenders, as well as resolution methods, costs, outcomes, duration of outcomes and satisfaction levels,
• surveying existing CSC programs and measuring them against restorative principles,
• expanding the development of correctional programs using restorative principles.

Foster public understanding and confidence by:

• providing leadership to educate community stakeholders about criminal justice issues and by partnering on credible restorative initiatives
• supporting additional community initiatives with funding and expertise where public education about the justice system and restorative approaches is a key component,
• promoting public knowledge of dispute resolution processes through accessible success stories and information on best practices,
• initiating, developing, evaluating and profiling at least one restorative initiative per region which contributes to the goal of safer communities,
• encouraging expansion of CSC actions to support and become involved in community partnerships focused on restorative initiatives which involve victims, community members and offenders,
• modeling and promoting restorative justice approaches and dispute resolution techniques in all relations with the community.

Promote restorative justice approaches and dispute resolution skills by other federal government partners by:

• expanding the design and implementation of training initiatives for skill development of staff,
• promoting the activity of the Public Service Dispute Resolution Network,
• contributing to the operation and evaluation of the federal government's Shared Neutrals Mediation Program for staff conflicts.

Collaborate with other governments to promote awareness and implementation of restorative approaches by:

• supporting provincial/territorial initiatives with information and expertise,
• sharing and consulting on policy,
• placing restorative justice on the agenda of Federal\Provincial\Territorial correctional consultations,
• seeking partnerships in funding pilot projects and in developing evaluative frameworks on restorative justice initiatives,
• sharing information about CSC internal conflict resolution practices and external best practices,
• working with governments and community groups on the development of communication opportunities and strategies.

2. Reintegration

Core Value #2 calls on the Service to "recognize that the offender has the potential to live as a law-abiding citizen". This conviction must be adopted by the Canadian public through visible community-based programs that foster understanding, participation and trust. These programs must also provide meaningful opportunities for offenders to establish healthy links to the community and to grow personally. Public confidence is linked to demonstrated accountability as well as victim sensitivity. As well, CSC's Corporate Objective #2 which states that CSC will strive to substantially increase the number of offenders safely and effectively reintegrated at or soon after eligibility now includes an action related to the implementation of conflict resolution and restorative processes.

It is recommended that CSC continue to:

• Enhance its capacity to use Restorative Justice principles to assist in the reintegration of offenders and the development of a community infrastructure by:
  • providing awareness training for CSC staff on the relevance and benefits of restorative processes,
  • initiating training opportunities for regional and operational staff on the needs, realities and restorative opportunities for victim and offender families,
  • examining the results of the CCRA review study on the experiences of victims,
  • expanding the CSC capacity in each region to integrate victim assistance services to facilitate the work of CSC using restorative approaches,
  • promoting the development of CCRA Section 81 and Section 84 agreements with First Nations communities which offer alternative justice programs based on traditional principles of spirituality and healing,
  • broadening the experiment with releasing circles for Aboriginal offenders returning to their communities,
  • increasing and expanding the early involvement of members of the offender's support system in all significant planning for reintegration,
  • facilitating the development of community support systems for those offenders who do not have one,
  • utilizing wherever possible restorative resolution approaches such as victim-offender mediation, community conferencing, healing circles, and community reintegration panels.

3. Restorative Work Environments

Core Value #3 affirms that "our strength and our major resource in achieving our objectives is our staff and that human relationships are the cornerstone of our endeavour".

As well Corporate Objective #5 requires CSC to foster an environment that contributes to the physical and psychological health of offenders, staff and the general public and the protection of the environment. This new objective contains an action related to the development and implementation of conflict resolution models and restorative processes.

Staff cannot work restoratively nor can they convey the value of this approach to inmates if their own workplace experience is conflictual, adversarial, unsafe and unhealthy. The Service has an opportunity, and indeed a responsibility, to implement and model mechanisms which reflect the convictions of its Core Values and which convey to staff its commitment to their dignity and welfare. By utilizing restorative resolution processes in internal disputes and grievances, the Service can demonstrate not only its conviction related to individual dignity but also its belief in non-adversarial means of problem solving.

It is recommended that CSC:

• Utilize more satisfying conflict resolution processes to achieve a healthier workplace and correctional environment by:
  • designing and building coordinated, internal dispute resolution processes based on restorative principles for all staff,
  • identifying and/or developing education tools and comprehensive training for CSC staff and offenders to enhance knowledge of, and familiarity with, positive conflict management and dispute resolution options,
  • identifying, launching and evaluating of pilot projects in order to test select dispute resolution approaches across a variety of target groups, including staff, management, offenders and other CSC constituents,
  • developing an evaluation framework for internal dispute resolution implementation,
  • developing a mandated conflict resolution policy for CSC based on restorative principles.

General Recommendations

In order to accomplish the above, CSC should undertake the following:

• create a national committee on Restorative Justice to assist with education, consultation, consensus and direction building within the service and to ensure coordination across sectors and lines of responsibility;
• ensure a resource and advisory leadership capacity within NHQ and dedicated strength within all regions for the coordination of restorative justice and dispute resolution approaches/initiatives;
• develop a progress report for EXCOM within 12 months.

6. CONCLUSION

All of the above noted recommendations would provide an opportunity for CSC to continue to explore this emerging approach to criminal justice reform, and would build on existing initiatives that have restorative components which would contribute to the achievement of the CSC Mission.

As CSC continues to position itself for the type of correctional system that it will take into the millennium, restorative approaches offer much promise in supporting our ability to reduce levels of conflict, increase capacity to resolve conflict outside the formal criminal justice system, as well as contribute to more peaceful and safe communities and the enhanced feeling of social union that this will promote in Canada.