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
30th 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 30th 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:
Google
Images. (n.d.). Indigenous restorative
justice model [Photograph]. Retrieved from https://www.google.ca/search?rlz=1C1CHWA_enCA648CA648&biw=1242&bih=597&tbm=isch&sa=1&ei=BrLwW8yQKITU0gLH3q2QBw&q=indigenous+restorative+justice&oq=restorative+indig&gs_l=img.3.0.0i8i30.15583.20514..22743...0.0..0.210.1567.12j4j1......1....1..gws-wiz-img.......0j35i39j0i67j0i24.D5LFl1LgrvE#imgrc=_j56GIv78Vf_iM:
Google
Images. (n.d.). Restorative approaches
[Photograph]. Retrieved from https://www.google.ca/search?q=restorative+police&rlz=1C1CHWA_enCA648CA648&source=lnms&tbm=isch&sa=X&ved=0ahUKEwj35b-42tzeAhWEFjQIHVmVDoYQ_AUIDygC&biw=1242&bih=597#imgrc=8Xgdx-F0zNjAEM:
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.
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