Restorative Justice - Justice That Heals

My life has been deeply affected by the actions of impaired drivers which led me to become a road safety advocate. This in turn has led me to many new experiences. The first time I was asked to participate in a Community Justice Forum with the John Howard Society I didn't know what to expect. Of course, I had heard of Restorative Justice and had some idea of how it worked but wasn't quite sure what to expect or how it would impact me, personally.

I found a description that said:

Restorative Justice is a process whereby:

1. All parties with a stake in a particular conflict or offence come together to resolve collectively how to deal with the aftermath of the offence and its implications for the future.
2. Offenders have the opportunity to acknowledge the impact of what they have done and to make reparation, and victims have the opportunity to have their harm or loss acknowledged and amends made.

I learned that in Nanaimo, the R.C.M.P. refer appropriate cases to be considered to the John Howard Society. The forum acts as an alternative to the court system for first time offenders who are willing to accept responsibility for the offense. The restorative program would be applied in lieu of filing a charge. The process would bring together the offender, victims, their support people and the R.C.M.P. officer whom made the referral. All participants attend on a voluntary basis. The Forums are facilitated by a trained representative of the John Howard Society.

The goals of the Forum include:

• giving the victim an opportunity to be directly involved in finding a resolution
• increasing the offender's awareness of the impact of his or her behaviour and providing an opportunity for them to take responsibility for it
• allowing the offender's support system to be part of shaping the offender's future behaviour
• allowing the victim and the offender to connect to key community support

I was asked to attend an impaired driving forum and share my personal experiences and describe how impaired drivers had impacted my life. I was asked to represent the community and to describe the potential damage that could have been inflicted on the community by the offender's behaviour. I would also be required to listen attentively to the other participants. And finally I agreed to actively participate in the final discussion. The first session I attended was quite emotional for everyone involved but had a very successful outcome. Since that first session I have participated in several Community Justice Forums related to impaired driving.

We meet together in a safe and structured setting and engage in our discussion with the guidance of a trained mediator. We discuss the crime, the impact on the offender and their family, the impact on the victims and the community and obligations arising from the harm involved. The discussions can be quite emotional; guilt, anger, pain, remorse and grief are often part of the process. After the discussion is completed the group reaches a consensus about what may constitute the most valuable learning experience for the offender (e.g. apologies, restitution, community work, etc) as well as promote a healing process for all parties involved. A contract outlining the commitments made and a time line for accomplishing them is signed by each attendee. The process is completed when the commitments have all been kept.

I have found participating in these forums to be emotionally draining as well as healing. The cases I have participated in have involved both males and females ranging in age from 16 to 60. They were from all walks of life, teenagers, mothers, grandfathers, not hardened criminals but people just like you and I, who have made a very bad choice. People who are able to acknowledge that they made a bad choice and are willing to do what is asked of them to repair whatever damage they have caused.

Restorative Justice involves the victim, the offender, and the community in a search for solutions which promote repair, reconciliation and reassurance. It seeks first to meet needs and to make things right and looks quite different from the "justice" found in Canadian courtrooms.

There is no simple solution to the crime of impaired driving, if there was it could be effectively prevented and our roads would be so much safer. It is obvious that our current system does not work effectively. RRID endorses looking beyond the present legal system and even beyond alternatives to punishment in some cases.

It is a proven fact that the rate of recidivism is much less in first time offenders who participate in the Restorative Justice process than first time offenders who go through the legal system.

Is Restorative Justice the solution to impaired driving? No, of course not, it is only appropriate for a small number of impaired drivers. But in the cases where it is deemed appropriate it is very successful.

Restorative Justice is another example of the community working together to save lives and reduce crashes. I am glad that I was asked to participate because

Together We Are Making a Difference.

Joan Parsons

President
Rid Roads of Impaired Drivers

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