Objectives

By the end of this lesson, learners will:

• Define the concept and origins of restorative justice.

• List and define the restorative justice pillars.

With a simple internet search, you will be able to find different interpretations to the concept of restorative justice. According to Center for Justice and Reconciliation (n.d), restorative justice is:

"Restorative justice is a theory of justice that emphasizes repairing the harm caused by criminal behaviour. It is best accomplished through cooperative processes that include all stakeholders. This can lead to transformation of people, relationships and communities."

Zehr and Gohar (2002) published "The Little Book of Restorative Justice" that provides a great deal of information about restorative justice. It provides the reader with knowledge base about the concept, it's principles and pillars. The book highlights that restorative justice means something different for everyone. For example, some individuals may agree to participate in a restorative justice practice to forgive or reconcile.

Now that we defined the concept of Restorative Justice, it is important to highlight that it is not a new concept. Restorative justice was first practiced by Indigenous communities. Please view the screencast to learn more about the origins of restorative justice.

What is the difference between the justice system and restorative justice?

The criminal justice system focuses on one view, which is punishing the offender for the crime. While the restorative justice concept takes a broader look at all the stakeholders who were affected by the crime, including offenders, victims, and the allies. Zehr (2012) states that "[w]hen a wrong has been done, it needs to be named and acknowledged."

The "Little Book of Restorative Justice" presented crime as "a wound in the community" and "a tear in the web of relationships" (p. 24). Thus, restorative justice built it's pillars in a way to repair the hard and damage by attempting to heal the wound and restore the relationships.

Zehr's webpage for defining restorative justice, "What is RJ?," that is part of The Zehr Institute for Restorative Justice created by the Center for Justice and Peacebuilding at the Eastern Mennonite University, provides a simple and clear overview of the restorative justice concept.

As we previously mentioned, the restorative justice concept looks at conflict from a wider angle. It aims toward repairing society by targeting all parties involved in the harm: the victim, the offender, and all allies. How does it work?

According to Zehr and Gohar (2002), "Restorative justice is based upon an old, commonsense understanding of wrongdoing." (p.23). But what does that mean? Zehr and Gohar explain that crimes cause "violation of people and interpersonal relationships" (p. 26). The violation caused by crimes creates "obligations," not just towards offenders to take responsibility, but also towards victims and communities to heal and repair the damage.

Accordingly, the pillars of Restorative Justice emerge from the understanding that all people are "interconnected," and that wrongdoing affects us all (Zehr & Gohar, 2002, p. 23). The image below explains the three pillars of Restorative Justice. According to Howard Zehr, a recognized founding father of restorative justice, the concept is based on three pillars:

1. Harms and needs - Restorative justice views crime first of all as harm done to people and communities. A harm focus implies an inherent concern for victims' needs and roles. Restorative justice begins with a concern for victims and their needs; it seeks to repair the harm as much as possible, both concretely and symbolically. This victim-oriented approach requires that justice be concerned about victims' needs even when no offender has been identified or apprehended.While our first concern must be the harm experienced by victims, the focus on harm implies that we also need to be concerned about harm experienced by offenders and communities.

2. Obligation (to put right) - Restorative justice emphasizes offender accountability and responsibility. The legal system defines accountability as making sure offenders are punished. If crime is essentially about harm, however, accountability means offenders must be encouraged to understand that harm, that is, to begin to comprehend the consequences of one's behavior. Moreover, it means they have responsibility to make things right in so far as possible, both concretely and symbolically. As we shall see, the first obligation is the offender's but the community and society have obligations as well.

3. Engagement (of stakeholders) - The principle of engagement suggests that the primary parties affected by crime victims, offenders, family members, and members of the community are given significant roles in the justice process. These “stakeholders” need to be given information about each other and to be involved in deciding what justice in this case requires. In some cases, this may mean actual dialogue between these parties, as happens in victim offender conferences, to share their stories and to come to a consensus about what should be done.

Reflection Form

Reflect on your understanding of the concept of restorative justice, and share with us your thoughts by filling out the following Reflection Form:

Check-in Questions

Test your knowledge about the material through taking the following check-in questions. Please note that these questions provide feedback on the spot for you, but responses are not tracked nor recorded.

Cull, I., Hancock, R.L.A., McKeown, S., Pidgeon, M., & Vedan, A. (2018). Decolonization and indigenization from Pulling together: A guide for front-line staff, student services, and advisors. Creative Commons. https://opentextbc.ca/indigenizationfrontlineworkers/chapter/decolonization-and-indigenization/

Government of Canada, Department of Justice (2015, January 7). The Limits of Restorative Justice. National Victims of Crime Awareness Week. https://www.victimsweek.gc.ca/symp-colloque/past-passe/2009/presentation/arlg_1.html.

Zehr, H. (2012). Restorative justice? What's that?. Retrieved November 15, 2020, from https://zehr-institute.org/what-is-rj/

Zehr, H. & Gohar, A. (2002). The little book of restorative justice.