Many Canadians believe the formal justice system is failing. It is often criticized for being too costly and time consuming. Meaningful reparation is rare. All too often, offenders leave court only to commit similar types of crimes. Victims are often excluded from the court process and are rarely provided with an opportunity to heal from the effects of an offenders’ actions. A more satisfying system of justice is needed.

The philosophy of restorative justice is based on community healing. In other words, the community decides what is best for itself in terms of resolving certain criminal matters. While the formal justice system is adversarial and punishment-based; the focus of restorative justice is on offender accountability, problem solving, and creating an equal voice for offenders and victims. The best results occur when the victim, offender, and the community jointly resolve the effects of a offenders’ behaviour. There are many options within restorative justice. The RCMP is championing one specific process: Community Justice Forums (CJF).

A CJF is a safe, controlled environment in which an offender, victim and their families or supporters are brought together under the guidance of a trained facilitator. Together they discuss the offence, how they have all been effected, and jointly develop a plan to correct what has occurred. "Righting the wrong" can involve a simple apology and restitution for the victim. Other agreements may include community service work, counselling, or addictions treatment for the offender.

In a CJF, offenders must accept responsibility for their own actions. They are confronted with how their behaviour affected the victim personally - and they hear it directly from their victim. This is the first step toward healing and reintegrating the offender into the community as a productive member.

Often more cost-effective and immediate than the court process. All participants have a chance to be heard equally and to learn. Individuals directly affected have a say in the outcome. Offenders, victims and supporters gain a deeper perspective on the incident. Victims receive an answer as to why the offence was committed. Bonds between people can be restored or created. Offenders take responsibility for their actions. Victims and offenders receive closure and healing. Lower recidivism rates.

A CJF is powerful in its ability to reintegrate an offender and restore balance for victims. The process provides an opportunity for offenders to accept responsibility for their actions and to understand the impact of their behaviour on others. This realization often brings about deep feelings of remorse and empathy. Consequently, when offered the chance, many offenders are willing to do whatever they can to repair the harm they have caused. Moreover, when victims are able to express how they have been affected by what has happened and then see and hear genuine expressions of remorse, they are often quick to accept and to forgive. This brings about the closure they need to put the matter behind them and move on with their lives.

The following criteria must be met before an offender can be considered for the process:

• The offender must take responsibility for his or her actions and be willing to participate voluntarily.
• Victim involvement is essential to the process.
• Criminal cases are referred to the process by the police or Crown.
• The facilitator must feel the case is suitable for a CJF.

The RCMP is undertaking a major effort to train facilitators in communities throughout Canada. If a trained facilitator is not available within your community, check with a neighbouring detachment or jurisdiction. For more information about CJF’s or to discuss a specific case, please contact your local detachment.

©GRC-RCMP
ccap0003.doc
September 9, 1999