‘Restorative justice’ works in small town

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Published: July 11, 1996

Freelance Writer

People who run afoul of the law, when caught, face the justice system and, if found guilty, are fined, incarcerated or otherwise dealt with. But watch for changes as something called “restorative justice” becomes more common.

Restorative justice, or community accountability, is an ancient way of handling offenders that has become new again. Under this system, rather than being seen as a violation against the state, crime is defined as harm done to one person by another. The focus is not on guilt and punishment but on problem solving and having the offender make peace with the community.

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A paper put out by Saskatchewan Justice sees the system being used in any community where youth and adults accused or charged with criminal offences accept responsibility for their behavior and where the community is prepared to be involved in rehabilitation.

It should be emphasized that the system would be used only in cases of less serious crimes.

I recently had the opportunity to take part in a “community accountability conference.”

I was there as a member of our community’s police advisory committee; there were other members of the committee present, the RCMP officer who had laid the charge, the accused, his lawyer, the victims and two mediators from Saskatchewan Justice in Regina.

Chairs were set in a circle so we all had to face one another. The mediators made it clear that everyone could speak, or not, as he or she wished.

There was to be mutual respect and each person was to be allowed to have his or her uninterrupted say.

I have to say that going in I was very apprehensive about the process, as I’m sure all of the others present were as well. We live in a small community; I had good relations with the accused; afterwards, would I be able to face him on the street?

The criminal justice system, despite its failings, does have the advantage of anonymity. But I needn’t have worried.

After some initial awkwardness, people opened up and talked about what had happened and why and, with the accused and the victims, we worked out a suitable method of atonement.

The charges would be stayed by the RCMP and, as long as the rules we worked out were kept, there would be no further need for intervention by the justice system.

This won’t work for everyone in every case, but this time it worked for us and for our community.

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