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Cranbrook and District Restorative Justice AGM
https://us02web.zoom.us/j/86588127116
What is Restorative Justice?
- Restorative Justice is based on community healing.
- Restorative Justice is an alternative to formal court processes.
- Crime is viewed as harm to individuals and the community.
- Justice is best addressed by engaging those responsible for the harm, those harmed and the community.
- Engaging in a restorative process allows for better understanding, problem-solving, re-connection.
- Restorative Justice is a safe and respectful process.
- Cost and Time Effective.
- High rate of success.
- Outcome is chosen by those most directly affected.
- Bonds between people in conflict can be restored or created.
- Successful completion of referrals for a criminal act do not become a criminal record.
- The individual responsible for the harm, takes responsibility for their actions.
- The individual responsible for the harm is willing to repair the harm done and the relationships affected.
- In a criminal referral, those involved agree to the court diversion, to be meaningfully involved and maintain confidentiality.
- Requests for Restorative Justice support can come from the community and from the RCMP.
- Facilitation-Coordination for criminal and non-criminal referrals
- Restorative Practices Training for future facilitators and for current school staff to enhance their ability to manage conflicts constructively.
- Community Presentations.
- Referrals from the RCMP and Crown: Theft under $5000.00, Mischief under $5000.00, Non Power-based Assault
- Referrals from the RCMP and Crown for which CDRJS has demonstrated the ability to address successfully, have lead to successful outcomes for the community.
- Referrals from the Community: Conflict between neighbours which has yet to be resolved due to difficulty in communication and may require an effective mediator to facilitate understanding and agreement between the parties involved.
- Referrals from the School District in which there is both and interest in resolving the situation in both the Community and School District.
What is the Process?
RCMP Referrals
The Investigating Officer determines if the incident would likely result in a Chargable Offense (would likely proceed to court). The evidence and witness statements are thoroughly reviewed to ascertain this conclusion and Crown Council may be consulted further for legal opinions and guidance on charging decisions.
A pre-charge RJ referral is widely applicable to the types of crimes which police encounter every day in BC.
In order to determine if a pre-charge RJ referral is appropriate are:
and/or
- Is there enough evidence to support recommending charges?
- Is there a RJ Program available and capable of taking the referral?
- Has someone been harmed, and is there a need to repair the harm?
- Is intervention necessary to prevent re-offending?
- Is the person responsible for the harm willing to take accountability for his/her/their actions?
- Is the person responsible for the harm and those harmed open to participating in a Restorative Justice process to address the situation?
- Is a Pre-Charge RJ likely to cause further harm?
- Is a Pre-Charge RJ referral prohibited by Policy?
Subject to the awareness and willingness of the persons responsible for the harm and those who have been harmed:
1. The Investigating Officer or Detachment prepares the document (ED6139) RJ Referral Form outlining the case details and referring it to appropriate Restorative Justice services.
2. The Investigating Officer or Detachment prepares the document (ED5747e) Consent for Release of Information from the person responsible for the harm and for each person directly impacted by the harm. This document enables the RJ Program to contact those individuals directly involved.
3. The documents are reviewed and sent to the RJ Program to initiate the process of referral and ensure that all parties are informed and consent to participate in the restorative justice process.
- Further details of the file
- The willingness of the person responsible to take responsibility for their actions
- Ideals that they may have to address the harm done
- Discussion of how the forum will be conducted and who needs to be in attendance for moral support
- Ensuring that all parties directly involved in the process accept the responsibility of maintaining confidentiality is crucial for the success of the discussions and the trust between the participants.
1. A Restorative Justice Forum is a directed conversation. The facilitator asks questions to enable everyone the opportunity to tell their story.
2. The goal of the conversation is to increased the collective understanding as to why and how certain events occurred and their impact on the community.
3. A second discussion occurs with with the intention of determining how best to address the harm done. Four key considerations are discussed:
- Is the solution Restorative? Will the actions to be taked bring everyone back to where they were before the harm occurred?
- Is the solution Realistic in terms of resources and commitments required to implement? Will the involved parties be able to accept and support the proposed actions?
- Is the solution Relative? Are the actions to be taken directly related to the harm done?
- Is everyone in agreement with the new terms and conditions outlined in the proposal?
4. Working through the process and reaching consensus with the actions to be taken, an agreement is prepared and guides the following work.
- The work to be done.
- The amount of time that the individual has available to dedicate to the project.
- Financial recovery may take considerable time depending on the complexity and resources allocated towards the project.
- Changes to the contract necessary in order to address unforeseen difficulties.
- Theft: 5 years
- Mischief: 5 years
- Non-power Based Assault: 8 years
What is the Process?
Public Referrals
and/or
- Has someone been harmed, and is there a need to repair the harm?
- Is intervention necessary to prevent further difficulty?
- Would the referral complicate services or supports that are currently providing assistance?
- The outcome from RJ support may be that everyone needs to address their difficulty differently. Is everyone willing to meaningfully engaged in the solution?
- Is a referral to RJ likely to cause further harm?
- Is a referral to RJ diverting a criminal action?
Subject to the awareness and willingness of the persons responsible for the harm and those who have been harmed:
1. Contact is made with CDRJS to discuss the potential steps needed for restorative justice.
- Further details of the file
- The willingness of the person responsible to take responsibility for their actions
- Ideals that they may have to address the difficulty
- Discussion of how the forum will be conducted and who needs to be in attendance for support
- Ensuring that all parties directly involved in the process accept the responsibility of maintaining confidentiality is crucial for the success of the discussions and the trust between the participants.
1. A Restorative Justice Forum is a directed conversation. The facilitator asks questions to enable everyone the opportunity to tell their story.
2. The goal of the conversation is to increased the collective understanding as to why and how certain events occurred and their impact on the community.
3. A second discussion occurs with with the intention of determining how best to address the harm done. Four key considerations are discussed:
- Is the solution Restorative? Will the actions to be taken bring everyone back to where they were before the harm occurred?
- Is the solution Realistic in terms of resources and commitments required to implement? Will the involved parties be able to accept and support the proposed actions?
- Is the solution Relative? Are the actions to be taken directly related to the harm done?
- Is everyone in agreement with the new terms and conditions outlined in the proposal?
4. Working through the process and reaching consensus with the actions to be taken, an agreement is prepared and guides the following work.
5. In some cases, a mediated approach may be necessary to resolve conflicting interests and facilitate the achievement of mutually beneficial outcomes.
- The work to be done.
- The amount of time that the individual has available to dedicate to the project.
- Financial recovery may take considerable time depending on the complexity and resources allocated towards the project.
- Changes to the contract necessary in order to address unforeseen difficulties.
Suite 3
926 Baker Street
PO BOX 533 Stn. Main
Cranbrook, BC V1C 4J1
Other: (250) 489-9622
Email: doug.mcphee@me.com
Office Hours:
Monday to Friday
9:00 AM to 12:00 PM
Other times when required