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.