Restorative Justice

Question 1

What is restorative justice? (4)

Answer 1

• A flexible process that uses conferences, dialogues, circles, and is guided by skilled facilitators
• May take place at all stages of the criminal justice system and can be used with adults and youth, supported by legislation, federal, provincial, and territorial government programs and policies
• Provides opportunities for victims, offenders, and communities affected by crime to communicate about the causes, circumstances, and impact of a crime
• Based on an understanding that crime is a violation of people and relationships; encourages reparation and reintegration

Question 2

Principles of restorative justice (6)

Answer 2

1. Participation is voluntary
2. Everyone is treated with respect
3. Victim sought to be engaged
4. Offenders are: held accountable; encouraged to accept responsibility, and make amends
5. Meaningful participation
6. Safe (physically and psychologically)

Question 3

Courts (2)

Answer 3

1. Courts of absolute jurisdiction
2. Styles of social control: compensation, conciliation, punishment, or treatment

Question 4

Adversarial court system (3)

Answer 4

• Where the court act as a referee between the prosecution and the defence.
• The whole process is a contest between two parties
• As regard crime, these two parties are the state, and the person accused (court = non partisan role)

Question 5

Inquisitorial court system

Answer 5

The court is actively involved in proof of facts by taking investigating of the case

Question 6

Open access to the courts

Answer 6

• Open to public, public is welcome to watch any court hearing
• Youth Criminal Justice Act exception, courts may be held in camera when the judge believes it is the public interest to bar access

Question 7

S.132 of the Youth Criminal Justice Act

Answer 7

“Public may be excluded from all or part of the proceedings where it would be in the interest of public morals, the maintenance of order… to exclude any of all members of the public from the courtroom”
- 1980’s Southam newspaper tried to argue that that is unconstitutional, but Ontario Court of Appeal rejected that argument.