Objectives

By the end of this lesson, learners will:

• Discuss and list reasons that hold back the wide implementation of restorative justice.

• List actions individuals can implement to support restorative justice for sexual violence offenses.

Introduction

The final lesson of this course is meant to explore the future of restorative justice. We have learned about the concept, its benefits and practices. So our question now is: what is holding us back from implementing it? Why do we still follow our regular criminal justice system if Restorative Justice shifts the paradigm of justice?

Shannon Sliva, in the below TED Talk video (12:58 min) takes us through the failures of the current criminal justice, the basics of Restorative Justice, and the reasons restorative justice is not fully implemented. She highlights the question: If restorative justice has this many benefits, why isn't it applied everywhere? Why do we still have the regular criminal justice system in place?

It's not easy!

Conflict resolution through confrontation is not easy to implement in our lives, imagine how hard it would be to be done for greater harm. Shannon states, "We would rather believe that there is a simple solution that can keep us safe and protect us from pain" (TED, 2018, 8:38).

We, as individuals, can contribute in reforming the concept of justice by learning to "face our fears of facing each other" (TED, 2018, 11:12). Her final inspirational words to the audience highlighted that all of us have the strength and skills in us to contribute to justice. We all can contribute to the process of healing and repairing of harm through communication and facing conflict. Shannon stated: "We all have the wisdom and the skill and the compassion to restore ourselves to ourselves, not through isolation, but through connection" (TED, 2018, 12:58).

In the previous lessons, we discussed the benefits of offering victims of sexual assault the option of restorative justice. We also explored the possibilities of healing and repairing the harm for survivors and communities. What is holding us back?

Wemmers (2019) offered in her article the issues of implementing restorative justice for sexual assault survivors. What are the risks they take? Why don’t they all choose it as their path to healing?

According to Wemmers (2019), “Victims of crime often have to deal not only with victimization but also with the intensive reactions of others” (para. 1). Thus, the main obstacle for implementing restorative justice is the “negative attitude of others (i.e. non-victims)” (para. 4). The negative views of the public are not unusual in societies. We have been raised thinking in a certain way, and society expects survivors, offenders, and other community members to react in a particular way towards offenses.

A Case from Reality: Dalhousie University Facebook Incident

Wemmers (2019) highlighted the Dalhousie University Facebook incident as an example of how society reacted to restorative justice. A group of male students in the university posted harmful sexual comments against women within the university. Instead of taking the highly anticipated expulsion action, the university gave victims a choice to proceed. The parties chose the restorative justice approach to resolve their conflict.

How did Society React?

Tryon and Logan (2015) highlighted that “while the repair work was being done, there were months of damaging headlines, rallies, and protests. There were also threats the students would be exposed if the university didn’t identify and expel the men involved.”

From the university’s side, the Dalhousie Law professor Jennifer Llewellyn who facilitated the restorative justice process, reassured the public that the school did not just throw the involved parties into a room to hug and makeup. The process was well planned and implemented. The Dean of Dentistry Thomas Boran highlighted in his statement, “Punitive measures such as expulsion do not change attitudes or positively influence future behavior,” he added, “We are determined not to continue to operate under the premise of ‘business as usual.’”

One of the men involved in the process stated, "What we've learned is that saying you're sorry is easy, but being sorry is much more difficult and requires a lasting commitment to doing better and changing things."

Click here to read the full article: Dalhousie dentistry students break silence on ‘Gentlemen’s Club’ Facebook scandal.

Where do we go from here?

The lesson and the above case showed us that implementing restorative justice is not easy, especially for sexual and interpersonal violence. So what can we do as individuals to contribute towards the practical implementation of Restorative Justice?

• Listen to survivors/victims, believe them, and lift their voices.

• Resist Rape Culture by calling out any abusive behavior, even a joke, when you see it.

• Support survivor's choices regarding the most suitable justice process. "We must ensure that victims can access a safe environment where they can speak out and refrain from judging the choices they make" (Wemmers, 2019).

• Learn more and educate yourself; continue reading about restorative justice, its programs, and initiatives.

Finally, remember, the aim of restorative justice is to heal individuals and societies through:

• Repairing relationships that were torn by a conflict.

• Empowering survivors by giving them the ability to make choices about the type of justice they would like to practice.

• Giving the offenders the chance to return to society after taking responsibility for the harm and working to actively change their behaviors.

Reflection Form

Reflect on your understanding of the concept of restorative justice, and share with us your thoughts by filling out the below Reflection Form. The form allow us to understand how this information helped you in understanding the objectives of the lesson.

TEDx Talks. (2019, July 18). How restorative justice could end mass incarceration | Shannon Sliva | TEDxMileHigh [Video]. YouTube. https://www.youtube.com/watch?v=wPA-p6UUDl4

Tryon, J. & Logan, N. (2015, May 22). Dalhousie dentistry students break silence on ‘Gentlemen’s Club’ Facebook scandal. Global News. https://globalnews.ca/news/2010585/dalhousie-dentistry-students-break-silence-on-gentlemens-club-facebook-scandal/

Wemmers, J. (2018, September 13). Judging Victims: Restorative choices for victims of sexual violence. Victims of Crime Research Digest, No. 10. Retrieved December 13, 2020 from https://www.justice.gc.ca/eng/rp-pr/cj-jp/victim/rd10-rr10/p3.html