What is Restorative Justice?

It is important to say first that the concept of restorative justice exists under Canadian law and that Indigenous legal orders and traditions exist separately from the idea of restorative justice. It is generally thought that Indigenous laws and traditions inspired and contributed to ideas of restorative justice, but it is still a Canadian law concept and is not the same as Indigenous law.

There are many definitions and ideas about restorative justice but it usually emphasizes:

• an offender taking responsibility for their actions
• the idea of restoring harmony or balance to relationships and a recognition that all things are interconnected
• allowing a victim of a crime and the wider community to participate in the process of accountability and resolution
• reintegration of the offender back into their community
• exploring sentencing alternatives other than incarceration

Some examples of restorative justice ideas being put into action in the Canadian criminal justice system include:

• alternative measures programs and other opportunities to deal with charges outside of the usual system
• Gladue Submissions and the meaningful consideration of the circumstances of Indigenous people who come into contact with the criminal justice system
• the involvement of Indigenous court workers in the criminal justice system
• the Cree Court in Saskatchewan and other Indigenous courts across the country

There may also be challenges that come with restorative justice including potential power imbalances between the parties involved, the need for broad community support in some cases, and re-victimization of the victim if some sort of reconciliation is forced on them.