Artifact #2

Indigenous Judicial Approach: Restorative Justice

Restorative justice is unlike the traditional western retributive model of justice. The retributive justice model focuses on punishment as means of deterring crime (White, 2014, p. 2). Whereas, the restorative model focuses on restoring relations and healing between the offender, community, and the victim (White, 2014, p. 2).  The digital public service poster, above, is to provide information on restorative justice to the public. The poster highlights on facts about this justice model. The model stems from indigenous culture, which will be looked at in more depth.

The history of restorative justice goes back to indigenous roots. Indigenous people are overrepresented in the Canadian corrections, and because of this there is a call to address this social issue (Department of Justice, 2017, para 16). The 30^th call to action from the Truth and Reconciliation Commission sets out to address the overrepresentation and increase funding for alternative measures (Department of Justice, 2017, para 16). Thus, by honoring historical roots and culture can be the start of addressing the overrepresentation.

The core of the indigenous justice system is reflected in the indigenous healing circle (Justice Education Society, 2016, para 2).  The circle’s focus is to develop a consensus on how to repair the harm done to the relationships involved from the crime committed (Justice Education Society, 2016, para 2).  The dynamics of the circle includes the community, the offender, elders, and the victim if they are comfortable with participating (Justice Education Society, 2016, para 3). In addition, the circle also allows for a thorough discussion of the offence and not only how it has impacted the community but also the impacts it had on the victim (Justice Education Society, 2016, para 3). 

Rather than being concerned with guilt and assigning a punishment, the healing circle involves looking at the causes for the offender’s behaviour (Justice Education Society, 2016, para 3). Unlike the western system, the restorative system has been found to be more beneficial for the victim’s healing because it can help with their trauma and makes them feel empowered (Justice Education Society, 2016, para 4). To address the crime, for example, the offender may be assigned to take part in community service to help repair the damages done to the relationship, or they may be requested to take part in programs such as those that deal with addictions (Justice Education Society, 2016, para 5).  The offender also gets an input in how to repair the harm caused from the crime (Correctional Service Canada, 2012, para 5).

One of the main concerns for the public and the justice system is effectiveness. From looking to literature and case studies it was found that the restorative approach in the last ten years has seen a decrease in recidivism rates (Public Safety Canada, 2015, para 5). Some researchers view the restorative approach as more effective because it considers the victim’s point of view and it incorporates the community as well which provides a more holistic approach to justice (Public Safety Canada, 2015, para 2).

In conclusion, the restorative approach may be a newer approach to justice in the view of a western perspective, but it has deep historical roots in the indigenous culture. The indigenous healing circles are a traditional judicial practice. With the overrepresentation of indigenous people in the Canadian justice system there is a need for change. By allowing the restorative approach to justice allows for indigenous people to embrace their culture. The 30^th call to action wants to resolve this social issue and thus by allowing indigenous people to have more alternative judicial measures. As a future justice practitioner, the restorative approach will impact my practice. Learning more about different cultural aspects increases an individual’s ability to be more empathetic and fairer in their practice. Understanding more about the restorative approach increases my ability to able to work in different communal settings.  With understanding the indigenous restorative approach can change how I might behave professionally in their community. In indigenous communities they are concerned with maintaining healthy relationships, and therefore I too would want to consider the community versus the western thought of punishment for law breaking. 

References

Correctional Service Canada. (2012). Restorative justice factsheet. Retrieved November 15, 2018, from http://www.csc-scc.gc.ca/restorative-justice/003005-0004-eng.shtml

Department of Justice. (2017). Evaluation of the aboriginal justice strategy. Retrieved November 15, 2018, from https://www.justice.gc.ca/eng/rp-pr/cp-pm/eval/rep-rap/2016/ajs-sja/p5.html

Google Images. (n.d.). Indigenous restorative justice [Photograph]. Retrieved from https://www.google.ca/search?rlz=1C1CHWA_enCA648CA648&biw=1242&bih=597&tbm=isch&sa=1&ei=-7PwW-XpJpKg8AO_tZTIDg&q=indigenous+restorative&oq=indigenous+restorative&gs_l=img.3..35i39j0i24l2.101137.111880..112869...1.0..0.171.1202.12j2......1....1..gws-wiz-img.......0j0i67.HJjsJ1-A55g#imgrc=rSt_PQvTMdzpGM:  

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Google Images. (n.d.). Restorative justice [Photograph]. Retrieved from https://www.google.ca/search?q=restorative+justice+model&rlz=1C1CHWA_enCA648CA648&source=lnms&tbm=isch&sa=X&ved=0ahUKEwi18s610NreAhX4IjQIHXdfBXwQ_AUIDigB&biw=1366&bih=657

Google Images. (n.d.). Restorative justice vs western justice [Photograph]. Retrieved from https://www.google.ca/search?rlz=1C1CHWA_enCA648CA648&biw=1242&bih=597&tbm=isch&sa=1&ei=UbPwW_KsOuiu0gKImq7QBA&q=restorative+vs+retributive+justice&oq=restorative+v&gs_l=img.3.0.0l2j0i8i30l5j0i10i24j0i24l2.76160.80376..81811...1.0..0.74.279.4......1....1..gws-wiz-img.......35i39j0i67.ccD3JoTmW0E#imgrc=Kk1uMmy7k1u6nM:

Google Images. (n.d.). Truth and reconciliation commission [Photograph]. Retrieved from https://www.google.ca/search?rlz=1C1CHWA_enCA648CA648&biw=1242&bih=597&tbm=isch&sa=1&ei=qLLwW-elLbCDk-4P0uCooAs&q=truth+and+reconciliation+canada&oq=truth+&gs_l=img.3.2.0i67j0j0i67j0l7.65287.67441..70429...1.0..0.179.635.6j1......1....1..gws-wiz-img.......35i39.aOrf01Po390#imgrc=8-EboN0dlZGhzM:

Justice Education Society. (2016). Aboriginal Sentencing. Retrieved November 15, 2018, from https://www.justiceeducation.ca/about-us/research/aboriginal-people-and-sentencing

Public Safety Canada. (2015). Restorative justice and recidivism. Retrieved November 15, 2018, from https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/jstc-rcdvs/index-en.aspx

White, R. (2014). Indigenous communities, environmental protection and restorative justice. Australian Indigenous Law Review, 18(2), 1-13.