F A Q

  1. What is restorative justice?
  2. Why is it called restorative justice? Who is being restored?
  3. How widespread is the interest in restorative justice? What other jurisdictions have adopted restorative practices?
  4. What research has been conducted regarding the effectiveness of restorative justice processes?
  5. Is there public support for restorative justice?
  6. Can restorative justice be used in serious cases?
  7. Is restorative justice "soft on crime"?
  8. What if the victim does not want to participate in a restorative justice process?
  9. Is restorative justice appropriate for "victimless" crimes?
  10. How is "community" defined for the purposes of restorative justice?
  11. Can restorative justice be used in large urban centers?
  12. How do we deal with family and societal problems identified during the restorative justice process?

  1. What is restorative justice?

    • Restorative justice is a way of thinking about crime and conflict.
    • It is not a particular practice or type of program, but rather a philosophy, or a set of principles. Restorative justice processes are premised on the following principles:
      1. holding the offender accountable in a more meaningful way
      2. repairing the harm caused by the offender
      3. achieving a sense of healing for the victim and the community
      4. reintegrating the offender back into the community
    • The United Nations Working Group on Restorative Justice defines it in the following way: "A process whereby parties with a stake in a particular offence resolve collectively to deal with the aftermath of an offence and its implications for the future."

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  2. Why is it called restorative justice? Who is being restored?

    • Restorative justice is concerned with the construction of a better society for both the present and the future.
    • It aims to resolve crime by repairing the harm caused by the offence, and recognizes that it is not always possible to replace what a victim lost in the commission of the offence. It also aims to restore the offender to a law-abiding life, and restore the damage caused by the offence in the community.

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  3. How widespread is the interest in restorative justice? What other jurisdictions have adopted restorative practices?

    • The initial conceptualization of restorative justice began in the late 1970s, largely in North America. The oldest practice of restorative justice, victim-offender mediation, had its roots in the Kitchener-Waterloo area during this time.
    • By 1990 a NATO-supported conference was held to examine growing interest in restorative justice.
    • In 1996 New Zealand adopted legislation mandating the use of restorative practices in young offender cases.
    • Many jurisdictions, including Canada, United States, Australia, New Zealand, Japan, and European countries have adopted restorative justice programs.

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  4. What research has been conducted regarding the effectiveness of restorative justice processes?

    • Research regarding the effectiveness of restorative justice to affect systemic change in the criminal justice system has been limited.
    • There have, however, been several important studies which have been conducted on specific restorative justice processes, such as victim-offender mediation and family group conferencing.
    • The research shows the following findings:
      1. Victims who meet with their offenders are far more likely to be satisfied with the justice system's response to their case that those who go though the normal justice process.
      2. After meeting the offender, victims are significantly less fearful of being re-victimized.
      3. Offenders who meet with their victim are far more likely to complete their restitution obligation to the victim.
      4. Considerably fewer and less serious crimes are committed by offenders who meet their victim
    • Evaluation is an important focus of the Nova Scotia Program, and will measure outcomes such as repeat offending and victim satisfaction.

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  5. Is there public support for restorative justice?

    • A growing body of evidence suggests that the general public is far less vindictive and more supportive of the basic principles of restorative justice than many might think.
    • Studies indicate greater public concern for strategies which focus on restitution and prevention rather than retribution.
    • A February 1998 opinion poll conducted by the Nova Scotia Department of Justice showed that Nova Scotians have a preference for a system that allows non-violent offenders to take responsibility for their actions and repair the harm done, rather than one which simply places the offender in jail.

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  6. Can restorative justice be used in serious cases?

    • The Nova Scotia Restorative Justice Program is not intended to replace the current criminal justice system. It does, however, have the potential to meet needs that are not currently being met by the existing system.
    • The need for reconciliation and healing exists for all offences, regardless of their severity. In fact, the experience of restorative justice often seems to be more meaningful for offenders, victims and community members when it involves a more serious case and the loss to the victim is more profound.
    • For more serious offences, however, a conviction must be entered, or a sentence passed, before a referral can be made to the program.
    • It is important to realize that restorative justice is not necessarily about avoiding incarceration. There is also no guarantee that participation in a restorative justice process will result in a "lighter" sentence than the normal court process would yield.

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  7. Is restorative justice "Soft on crime"?

    • Some would suggest that it is more difficult for an offender to meet face-to-face with the victim of their crime than to proceed through the criminal justice system.
    • In the traditional systems offenders are not required to accept responsibility for their actions, are not held accountable for their actions, and are not required to explain their actions. Many offenders proceed though the system with a lawyer who speaks on their behalf.
    • Restorative justice offers a more demanding, active and clear opportunity for offenders to be held directly accountable to the victim and the community they have harmed. Rather than being soft on crime, restorative justice requires the offender to behave more responsibly by making amends to the victim and community. The human consequences of the offender's behavior are dealt with more directly though restorative justice than they are in the current criminal justice system.

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  8. What if the victim does not want to participate in a restorative justice process?

    • Participation in the program is completely voluntary for all participants.
    • One of the primary goals of the program is to increase victim satisfaction in the system by giving them an active role in the justice process. Every effort will therefore be made to provide the victim with the information, preparation and support they need in order to participate in a restorative justice process.
    • It is recognized, however, that some victims may not want to participate in a restorative justice process. In such cases a restorative justice process could still be held, however, with others participating in the victim's place. For example, secondary victims, such as a family member, or a member of the community in which the harm took place, could participate to talk about the impact the crime has had on them.

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  9. Is restorative justice appropriate for "victimless" crimes?

    • Certain offences, such as drug offences, while being so-called "victimless" crimes, do have a dramatic effect on an entire community. In cases such as this, representatives from the community in general, or a citizen's group could participate in a restorative justice process and speak about the effects the crime has had on the community.

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  10. How is "community" defined for the purposes of restorative justice?

    • The term community, as used in restorative justice, does not specifically refer to any particular physical or geographical entity.
    • For the purposes of a restorative justice process, community is defined as the "community of the incident": family members, key support people, and significant others for each party who have been impacted by the offence. The community members in a restorative justice process will therefore be specific to that particular case.

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  11. Can restorative justice be used in large urban centers?

    • Given that community is defined in the context of the crime, i.e., the "community of the incident", using restorative justice in a large geographical community is not necessarily a problem.
    • In fact, larger centers have the benefit of having a more comprehensive network of resources to which offenders and victims can be referred.

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  12. How do we deal with family and societal problems identified during the restorative justice process?

    • Restorative justice focuses on identifying causes which may have led to the commission of the offence.
    • Identifying key support people during the restorative justice process will assist the offender in addressing some of the personal issues which led to the offence. Community members are also given insight into the conditions in their community which may have caused the offence, and are given an opportunity to take action to remedy those conditions.
    • Restorative Justice agencies which will be facilitating the restorative justice process will also be able to refer the offender and victim to appropriate community resources to deal with identified issues.
    • Although it will not happen overnight, restorative justice provides an opportunity for the justice system to start working more collaboratively with other service providers, such as schools, health organizations, child protection agencies, and other social service agencies in an effort to address the underlying causes of the crime.

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Kentville, Nova Scotia