Creating a Culture of Restorative Justice
Dr. Nancy TwynamCoordinator Student AffairsVancouver Island UniversityCACUSS – Montreal 2013
British Columbia
Alberta
Saskatchewan
Manitoba
Ontario Quebec
Newfoundland
Nova Scotia
NewBrunswick
Prince EdwardIsland
Yukon
North West
Territories Nunavut
AGENDA
• Restorative Justice – what and why• Case Study• Using a Restorative Justice approach – step
by step• Case Study – cultural differences• Challenges and Successes• Q & A• Resources
What is Restorative Justice?
•An approach to addressing misconduct and criminal activities that is designed to right wrongs by involving all stake-holders (victims, offenders, community, families, etc).
• It must be shaped and adapted to suit the context of a particular setting.• It is built on respect and value systems
Restorative Justice
Restorative processes bring those harmed by crime or conflict, and those responsible for the harm, into communication, enabling everyone affected by a particular incident to play a part in repairing the harm and finding a positive way forward. Restorative Justice Council - London, England
Restorative Justice
Restorative Justice is a process to involve, to the extent possible, those who have a stake in a specific offense to collectively identify and address harms, needs and obligations in order heal and put things as right as possible.Zehr,H. & Gohar, A. The little book of restorative justice, 2003. Good Books, Penn. USA
Elements of Restorative JusticeAdapted from Zehr, H. & Gohar, A. The little book of restorative justice, 2003. Good Books, Penn. USA
Putting Right
Focus on Harms and Needs
Address Obligations
Involves Stakeholders, Victims, Offenders, Communities
Uses Inclusive Collaborative
Process
Royal Canadian Mounted Police
Sergeant Sheryl Armstrong
Corporal Paul Minkley
Restorative Justice …
“gives the victim a voice in the resolution of something that happened, instead of the system telling them how things will be resolved”. RCMP Sergeant Sheryl Armstrong.
Restorative practice…
“provides meaningful consequences designed to repair relationships”
RCMP Corporal Paul Minkley
Restorative Justice:
“Not all criminal behaviours are committed by criminals: people make mistakes. RJ gives people a chance to pay for their mistakes without creating a criminal record.”
RCMP Sergeant Sheryl Armstrong
Restorative Practice:
In restorative justice practices everyone is brought together by a facilitator.
• Victims can say how it affected them personally. • Perpetrators can admit to their actions and
develop an understanding of how the victims feel• There can be an agreed upon reparation
RCMP Corporal Paul Minkley
Why Restorative Justice?
• Students (offender and victim)• University Community• External Community• Human Rights• Focus on Harm & Needs
Why Restorative Justice? (continued)
• Attempts to right wrongs and change behaviours• Part of the mandate of post-secondary
institutions – creates learning, changes behaviours• Is more effective than traditional
sentencing processes implemented in the criminal justice system
Case Study
Bullying
The Steps to Using a Restorative Justice Approach
1. Is Restorative Justice an appropriate approach?• Apply a decision making process
2. Meetings – with all participants• Victim• Offenders• RCMP• Community as appropriate• Family as appropriate• Institutional players
The Steps to Using a Restorative Justice Approach (continued)
3. Develop contract• Academic sanctions• Non-academic sanctions
4. Monitor activities and impacts on all participants
5. Review after completion
1. Decision-Making ProcessIs Restorative Justice an appropriate
approach?
1. Who are the participants?
2. Where and when did the events occur?
3. Which policies and laws are relevant?
Decision Making Process -continued
4. What courses of action are possible ? Is Restorative Justice a possible course of action? What harm was caused?
5. Will Procedural Fairness be ensured?
6. Will the decision cause additional harm to anyone?
Decision Making Process -continued
7. Will the victim benefit?
8. Will the community benefit?
9. Will student learning occur?
10. Can the process be monitored?
2. Meetings
3. Contracts
•1.Non- Academic Sanctions
•2. Academic Sanctions
Non- Academic Sanctions some examples
• Limited involvement in social activities on campus (e.g. pub, parties)• Not permitted to remain in residence over
weekend (return to parents’ home)• Responsible for ensuring no further
bullying of victim occurred because of the disciplinary consequences the offenders were receiving
Non- Academic SanctionsContinued
• Required to plan activities for the residence that created a positive atmosphere.• Required to intervene in observed
activities that cause distress to others; report and document these interventions.must not create risk for self or others during these interventions – contact a university or residence authority as appropriate
Non- Academic SanctionsContinued
• Required to meet with the Coordinator of Student Affairs once per week for the remainder of the semester and then at intervals as requested
• Required to do Community Service for a period of 4-6 hours per week. This work must be approved.
Academic SanctionsSome examples
• Provide to CSA course outlines and calendar detailing the assignment due dates, tests and exams• Report Grades associated with the course
requirements be as soon as they are received• Spend blocks of time in the library working
on course requirements• Undertake career and academic planning
with and advisor
4. Monitor Activities and Impacts on all participants• 1. Victim• 2. Offenders• 3. Community• 4. Others
5. Review
•What worked?
•What didn’t? Why not?
• Changes needed
Case StudyCulture, Value, Beliefs
Challenges & Successes
Challenges• Creating the culture• Perception of ‘by-standers’• Buy-in by colleagues, institutional players• Challenge to some value systems
Successes• Victim acknowledgement• Student success and retention• Gains for society
Restorative Justice & PracticeSummary
Restorative Justice• allows post-secondary institutions the opportunity to
change behaviours without risk to the community
• provides the opportunity for reparation to the victims
• promotes student learning and good citizenship
• Requires support of the entire community
It’s not easy, but it’s worth it!Win-Win-Win- Win
Resources• The Criminal Code of Canada. 1985. Section 718 and 742• Resolution. Restorative Justice Council (Autumn 2012). Edition
45.• Robinson, N. (2012, winter). Taking punishment out of the
picture. Communique , 12 (2) 23-25.• Twynam, N (2010). A decision-making framework for student
affairs practitioners. NASPA NetResults, Sept 8. • Zehr, H. & Gohar, A. (2003). The little book of restorative
justice. Goodbooks, Penn.
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