Embracing Restorative Justice: A Paradigm Shift in Crime Resolution

In the realm of criminal justice, the concept of restorative justice offers a transformative perspective—one that transcends punitive measures to focus on repairing the harm caused by criminal acts. This approach views crime and conflict as a breakdown of interpersonal relationships so restorative justice processes are meant to restore, repair and heal those relationships with participation from all affected parties. The aims behind restorative justice processes are principles?of encounter, repentance, and reintegration.

This approach differs from the Canadian criminal justice system. The Canadian criminal justice system relies heavily on the principles of deterrence and denunciation to punish individuals who break the law and deter them from committing a similar crime in the future. This system views the State as the harmed party and the State administers punishment for a criminal act through a judge.

Research studies have largely debunked the efficacy of harsh punishment as a deterrent to crime. Indeed, the use of incarceration – the most severe form of punishment – is startlingly ineffective at preventing or reducing crime.

Moreover, the shortcomings of the Canadian justice system in addressing the needs of victims highlight the importance of a different approach. Victims of crime are often overwhelmed by the complexities of the court system and feel that their views are not sufficiently recognized or taken into account during the proceedings. The Canadian justice system often lacks the resources to provide victims with the closure they need to move forward with their lives.

Restorative justice offers a more victim centered model that recognizes the harm done to the victim and ensures they have a say in what outcomes are required to heal and restore peaceful coexistence. This approach also demonstrates lower rates of recidivism compared to Western criminal justice models. When an individual is truly able to address the underlying causes of their actions, repair the harm they caused to the victims and form meaningful and healthy relationships with their community, it follows that the risk of further harm is reduced.

Crucially, restorative justice holds the potential to address the overrepresentation of Indigenous Peoples in the Canadian criminal justice system. Restorative justice models call for a shift in the response to crime through consideration of the social conditions and circumstances that led to the harm and centers supports to address individual and community needs. This presents the potential to divert Indigenous Peoples out of jails and prisons and meet the needs of victims and perpetrators to interrupt cycles of harm. However, its important that Indigenous leadership and meaningful input of Indigenous communities guides the process.? ?

Restorative justice found popularity in the context of criminal justice in Canada in the 1970s. But the concept is not new; restorative justice has its roots in Indigenous legal traditions and is tied to Indigenous worldviews. Restorative justice has the potential to promote healing and address deep underlying issues, like ongoing colonization and the impacts of the residential school system, if Indigenous-based restorative justice models are implemented. Indigenous People should be given the opportunity to heal and repair harms through a process that is culturally safe and relevant.

By embracing restorative justice, we have the opportunity to reimagine our approach to crime—one that prioritizes the people affected by harm. As calls for an alternative justice model grow louder, restorative justice not only offers a way to resolve individual conflicts but also provides principles to repair systemic harms, fostering reconciliation and facilitating just, meaningful, and peaceful coexistence.