Peacebuilders' Success Demonstrates Why Restorative Justice Is So Effective
When a young person commits a crime, or does wrong, what should the penalty be?
It’s a complex question, that often requires an even more complex response.
Criminal Code offences within Canada peak at just 18 years of age - a pivotal time in any young person’s life.
So while the retributive model has traditionally been the gold standard for mainstream criminal justice and conflict resolution, restorative techniques are slowly becoming more mainstream within North America.
Peacebuilders is a Toronto-based non-profit organization that provides restorative programs and services to young people, and works towards effecting change in our justice and education systems.
They’ve done incredible work, utilizing restorative practices to keep young people out of the criminal justice system and make schools safer places for learning and development.
So what, exactly, is restorative justice, and does it actually work?
Skeptics are often surprised to learn that over 80% of the youth cases that are referred to the Restorative Justice department successfully complete their diversion programs, and have their charges withdrawn before reaching trial.
We asked Peacebuilders to share their experiences helping young people in Toronto. This Q & A provides valuable insight into their successes, and sheds light on the benefits of restorative justice, that can be applied to individuals, organizations and people of all ages.
What is restorative justice?
Restorative justice is an alternative to punitive punishment, that promotes healing and accountability in order for individuals to reintegrate back into society. It is an approach used to address and resolve conflict by repairing harm and restoring relationships through meaningful conversations and engagement. It involves the person who caused harm, the people that are affected, and the community. Restorative justice allows us to understand the context of the harm that occurred and how to heal from it, rather than punishing those who have caused harm.
Where did the concept of restorative justice originate?
Restorative justice and the practices associated with it originated from First Nation and Indigenous approaches to healing; particularly Peacemaking Circles used in Carcross/Tagish First Nation. Furthermore, the use of Restorative Practices is also a common world view in countless communities worldwide, including within Africa, New Zealand and Australia to name a few.
Why do you believe restorative justice is so important for learning, growth and personal development?
Restorative justice is important for learning, growth and personal development because it resolves conflict without punishment; instead, it promotes and encourages self reflection and a sense of accountability and connection to community. Restorative justice also allows for us to reshape how we see conflict when working with youth. We are able to resolve conflict by working together as a community. This way, the conflict finds a place in the youth’s life without overwhelming or taking over their life.
In your experience, what are the victim’s responses to individuals going through restorative justice programs? Are they able to forgive the person who wronged them?
It is important to note that the success of restorative justice is not always measured by forgiveness. Sometimes, a victim may find healing in expressing how the actions of their perpetrator impacted them. Another foundation of restorative justice is to focus on dialogue and negotiation. If forgiveness cannot be achieved, there are other forms of restitution or support that can be provided for victims.
What would you say to more skeptical individuals who believe harsher repercussions are necessary?
The best way to get an individual who is skeptical about restorative justice is to start a conversation. We must ask them why they believe in alternatives (such as harsher punishments for example) and gain insight as to why they believe it is more beneficial than restorative justice. It is understandable for individuals to be skeptical about these processes, especially since the retributive model has been the gold standard for mainstream criminal justice and conflict resolution.
It is important to understand that restorative justice practices are not a ”get-out-of-jail free card”. There are still conditions that must be met for restorative practices to be exercised, and the circumstances must be proportionate and appropriate for the approach to justice. Restorative justice practices allow room for dialogue, forgiveness, accountability and even an interruption of the school-to-prison pipeline.
By using restorative justice practices, we are able to keep kids in school so that they can reach their fullest potential while still remaining connected to the community. Research has shown that tough-on-crime and zero tolerance policies do not work. It is important to foster the potential of youth and individuals as opposed to sanctioning harsh punishments that do not provide a chance to learn, grow and succeed.
Instead of alienating youth for their mistakes and hindering their personal growth, restorative approaches to justice hold youth accountable to their actions and the impact they have in their communities. Punitive measures often focus on the action of crime itself, rather than helping to heal and build from them. The goal is not to punish an individual for their circumstances, but rather to help them reflect and grow to reintegration into society. In many ways, we can see how restorative approaches can not only be more effective, but more humane and forgiving towards youth in such a pivotal time of their lives.
“Peacebuilders taught me different ways to resolve a situation and how to deal with a situation in a proper manner.”
– RYC Youth Participant, 16-years-old
How do restorative justice programs support mental health and wellness?
Peacebuilders focuses on fostering the relationships that youth have with each other and with their communities. Programs like Leaders of Tomorrow create an environment where youth can lead the discussion on various issues and topics that impact their community or themselves personally. These talking circles provide a safe environment for youth to explore their feelings and thoughts. Having healthy and supportive social networks is very important in regard to mental health and overall wellness. Research shows the importance of community and relational connection in regard to physical and mental health. According to the CDC (Centre of Disease Control and Prevention), adults who experienced strong social connections as youth were 48% to 66% less likely to have mental health issues or experience violence (2019).
Do you believe that restorative justice is more effective than harsh punishment or “cancel culture”?
Cancel culture and harsh punishments, especially for youth, only serve to alienate them from their communities. Peacebuilders works closely within schools and our research has shown that our programming is working.
In the 2018-2019 school year, we saw an 80% decrease in suspensions at Eastdale Collegiate Institute (Peacebuilders Annual Report).
Additionally, “cancel culture” and punitive repercussions fail to recognize the uncertainty, unpredictability, and variability of life. By dismissing and alienating youth who find themselves in conflict, little space is made for growth and understanding. It’s often easy to demonize others for making mistakes, but we are quick to defend ourselves for our own bad decisions. The issue with this is that people are always changing; youth, just like adults, are constantly evolving and learning from their experiences. To punish someone for this for the rest of their lives instead of providing space for restoration to be made ignores youth needs for development and is ultimately counterproductive to their communities.
