Transformative Justice

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Transformative Justice

• Teresa Howell, BSc.
• Department of Psychology
• UBC

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What is Transformative Justice (TJ)?

• Aka restorative justice is similar to diversion
  programs
• Alternative to going to court
• Offence is against relationships rather than an
  act against the state

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Responsibility

• Person must acknowledge responsibility for their
  actions
• Person must actively work to repair the harm that
  they have caused the victims and the community

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Focus of TJ

• Reconciliation of offenders with those they have
  harmed
• Assist the community in reintegrating victims and
  offenders into the community

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Victims

• Voices of victims are given a space to be heard
• Opportunity to regain personal power by stating
  their own needs and how these needs can be met

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Healing

• Healing, rather than punishment is viewed as the
  best way to restore the persons balance
• Uniting the four elements of a person (mental,
  emotional, spiritual, physical) assists in
  creating this balance

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Why are Aboriginal communities involved in TJ?

• Over-representation of Aboriginals within the
  Criminal Justice System (CJS)
• E.g., BC-5 of the adult population 20 of the
  incarcerated population
• E.g., SK-8 of the adult population 76 of the
  incarcerated population

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Why are Aboriginal communities involved in TJ?

• Traditional Aboriginal justice practices have
  taken a holistic approach
• TJ emphasizes community involvement
• TJ can be a means of rebuilding Aboriginal
  communities

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Why are Aboriginal communities involved in TJ?

• TJ takes the HEALING approach
• Healing a process that begins within
• Healing is holistic
• Creates balance between mind, body, emotion and
  spirit
• Intricately tied to spirituality, culture and
  tradition

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Why are Aboriginal communities involved in TJ?

• Culturally appropriate as it incorporates in the
  community, Elders, spirituality and traditions
• Emphasizes learning about balance and
  connectedness of all

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The Goals of the Vancouver Aboriginal
Transformative Justice Services Program

• Provide culturally appropriate programs for
  Aboriginal people in conflict with the law
• Involve Aboriginal community members
• Attempt to reduce the rate of recidivism among
  Aboriginal people

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The Goals of the Vancouver Aboriginal
Transformative Justice Services Program

• Reduce incarceration rates of Aboriginal people
• Assist reintegration of victims into community
  life
• Assist reintegration of offenders into community
  life
• Enhance public safety

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Criteria for Eligibility

• Approved by provincial and federal crown
• Offender must accept responsibility for his/her
  wrongdoing
• Less serious crimes (see next slide)
• Absolutely WILL NOT accept domestic violence,
  sexual offences or offences involving death

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Crimes that fit

• Examples of less serious crimes
• Theft Posp lt gt 5000
• Causing a disturbance or mischief under 5000
  BE
• Indecent act (except against children)

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Crimes that fit

• Communication for the purposes of prostitution
• Some drug offences
• Some assault offences
• Not only 1st time offence

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VATJS Process

• Offenders referred by Crown or Native
  Courtworkers
• Interviews with offender and victims (if
  applicable) by VAJTS Facilitator
• Offender must accept responsibility
• Community Council Forum is held

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Community Council Forum

• Gathering of
• Victim and Offender (and any support people)
• 3 community members
• Elder
• VATJS Facilitator

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The Circle

• All members come together in the circle
• Participants discuss the circumstances of the
  offence and underlying problems which led to the
  wrongful behavior

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Healing Plan Developed

• Consensus is reached regarding what is necessary
  for the offender to restore his/her balance and
  make amends for the harm caused to the victim and
  community

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Healing Plan Options

• Community Services
• -referral to community work services (max. 50
  hrs.)
• Victim related
• -full/partial restitution/compensation
• -apology
• -direct service to the victim (max. 50 hrs.)
• -victim/offender reconciliation process

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Healing Plan Options

• Education/Employment
• -employment training
• -an essay or research project
• -life skills
• -educational sessions (e.g., crime prevention)
• -attendance at programs/agencies

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Healing Plan Options

• Spiritual
• -Traditional teachings and counselling
• -Elder teachings and cultural awareness
• -Aboriginal traditions (e.g., singing, dancing,
  sweatlodges, cedar cleansing)
• -Long House teachings
• -Community Council Elders Sharing Circle
• -Support groups/Talking circles

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Healing plan options

• Other options
• -no further action
• -family group conferencing
• -recreation programs
• -reasonable, creative measures tailored to the
  individual and the circumstances (must be
  approved by Crown)

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On Healing

• When you hear the word healing, inside you feel
  good and there is hope for us and our people. I
  feel that healing sometimes can be just a word.
  We talk about it and we have gone through a lot
  but there hasnt been much response and they fall
  back to where they start. The only way I can
  define healing is to say that there is hope for
  us. When we talk about healing we forget to
  remember forgiveness. We have to empty ourselves
  and leave the past behind. The big word for me
  is hope for our people. -Elder
• Healing is an eagle flying free and letting go
  of everything -Youth

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Follow up

• Once a healing plan is established and agreed
  upon by all, the offender has 3 months to
  complete the healing plan (or at least get
  started)
• If successful, no charge on record
• If unsuccessful, back to the CJS

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Benefits of TJ

• Victims community are involved
• Fits well with Aboriginal culture
• Individual has to
• take responsibility for wrongful behavior
• face community members and take action
• look at causes/roots of offending behavior an try
  and change them

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Restorative(TJ)

• Crime defined by violation of one person by
  another person
• Focus on problem solving and rehabilitation

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Restorative(TJ)

• Responsibility accepted by offender
• Victims involved
• Community involved
• Healing plan developed
• No criminal record

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Punitive (CJS)

• Crime defined as violation of the
  state/breaking the law
• Focus on establishing blame and guilt
• Responsibility may/may not be accepted by
  offender

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Punitive (CJS)

• Victims often not involved
• Community not involved
• Sentence handed down
• Criminal record

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• QUESTIONS
• OR COMMENTS??

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THANK-YOU