LAW589
Restorative Justice
(Loparco, Christopher & Durant)
Prerequisite courses: LAW420 Criminal Law
Prerequisite for:
Instructor(s): Justices A. Loparco, M. Christopher, and Deputy Chief J. Durant
Course credit: 3
Method of presentation: Seminar (in-person and online) and an out-of-classroom component
Teamwork:
METHOD OF EVALUATION
This course has a seminar component and an experiential learning component. Students must complete both components, with the letter grade based on the seminar component, while the experiential learning component will be graded on a pass/fail basis. Evaluation for the seminar component will involve an in-class presentation on a topic approved by the instructors (worth 50% of the course grade) and a written report on a topic approved by the instructors (worth 50% of the course grade). The experiential learning component will entail participation in a mandatory half-day (3 hour) agency orientation and preparatory work for a restorative justice session; a mandatory observation of 1 full-day restorative justice session (victim-offender dialogue, sentencing circle, or healing circle); and a final report of observations and learning.
COURSE DESCRIPTION
This course will introduce students to the theory and practice of restorative justice, including current restorative justice processes such as s. 19 conferences under the Youth Criminal Justice Act, victim-offender dialogues, traditional healing circles with elders, sentencing circles, and transformative justice practices. The course will include learning about the current Restorative Justice Project within the Alberta Court of Justice and the Court of King’s Bench of Alberta, the use of restorative justice in sentencing as enabled by the Criminal Code, and the Prosecution Service Guidelines for referral, including for serious crimes such as manslaughter and sexual assault.
Students will examine how these processes fit within the traditional adversarial system, their advantages and disadvantages, and the role and responsibility of a lawyer with respect to each process. Students will develop an awareness of factors, including ethical, Indigenous, cultural, power imbalances, gender-based, domestic violence, and intimate partner violence, and the impact on children that may affect the choice or appropriateness of specific processes. Students will also be introduced to tools and techniques that apply to various processes, including preparatory work with the parties, family, and the community, agreements to ensure voluntary participation, and respect for Indigenous cultures and traditions. The focus will be on how bringing restorative practices into the formal legal system can legitimize alternative, culturally appropriate pathways to justice.
The course is designed in two parts. The first part consists of a weekly seminar, during which there will be lectures, guest speakers, readings, individual and group exercises, group discussions, role play exercises, and student presentations. The second part consists of an experiential learning component with a Restorative Justice Agency or First Nation and includes a pre-session orientation in preparation for a restorative justice session and the restorative justice session. In this way, the course will provide the substantive legal and experiential teachings necessary to develop an understanding of the use of restorative justice in criminal and family matters; encourage an understanding of traditional Indigenous practices and customs; and share information necessary for an appreciation of alternate means of achieving justice.
After completing this course, students will be able to:
• understand the origins and history of restorative justice, including the use within the formal legal system across Canada and internationally.
· appreciate the connection between criminality, family dysfunction and social disruption.
· understand trauma-informed practices, examining its treatment of victims of crime, Indigenous people and Black Canadians, people with substance use and mental health disorders, and marginalized people in society.
· describe how restorative justice repairs the harm to the victims, the family, and the community by understanding the root cause of the offending behaviour, explores pathways to services that promote healing and recovery, and results in tailored sentencing methods that lead to reduced recidivism.
• recognize factors such as power imbalances, pressure, gender-based, domestic, or intimate partner violence to ensure safety measures are in place for restorative justice.
· Understand the criteria of the Prosecution Service’s Guidelines for referrals.
SPECIAL COMMENTS
The course instructors will be joined from time to time by guest speakers, Indigenous leaders, restorative justice practitioners, and members of the judiciary. Some classes will be held on-line.
Description updated 2025-26. Please contact the instructor for any specific questions you may have related to this particular course section.
REQUIRED TEXTS (IF ANY)
To be determined