Green Scene

A Different Path to Justice

If you’re a fan of Law and Order, you might have some understanding of the machinations of the criminal justice system (albeit the U.S. version). If you’re not a big television watcher, you probably have a vague notion that if bad guys were to break into your home, steal your stuff and then get caught, they would eventually end up in court and ultimately be punished by society for their crime. But what about you? Would you go to bed at night feeling safe, secure in the knowledge that the offenders were remorsefully paying their debt to society and would emerge from the process reformed? If you doubt the power of our overworked courts to effect real change for either victims or offenders, and particularly for young offenders, you may be interested in what the Community Justice Program has to offer.

The Community Justice Program in Lanark County was begun as an initiative of the Mississippi Mills Community Policing Committee in 1997. The fatal fire in Almonte in 1997, the tragic death of the young couple living above The Hub and the repercussions in the community provided the impetus to seek an alternative to the court system that could help people work through times of crisis. The Community Policing Committee was already exploring possibilities, and this incident provided momentum to the group. They asked Ruth Sirman, a local mediator and currently a volunteer Lead Facilitator and trainer with the program, to assist with development. With assistance from the RCMP, training was provided for police officers, school staff, business people and community members, and in 1998 the Lanark Country Community Justice Program (LCCJP) was born.

Who is it for?

The vast majority (about 90%) of cases referred to LCCJP involve young offenders. Referrals come from a number of sources including schools, the community, the Crown, attorneys and the police (both pre-charge and post-charge). Cases are screened to ensure that they meet the criteria of the program; for example, there must be an identifiable victim, and a willingness on the part of the accused to acknowledge that they were part of the incident and that they are willing to be are accountable for their actions. As Ruth says, “this is not the place for an accused to try and plead not-guilty.” The facilitator explains the process to all parties, emphasizing that it is voluntary and that the dignity of every participant is paramount. Although genuine and at times raw emotions will be expressed, it must occur within a framework of constructive communication and respect.

How does it work?

Once all participants have received a full explanation of what they can expect and what will be expected of them, the group proceeds to the circle process or forum. The circle includes everyone who has been involved in or affected by the crime, as well as their support people. The first step in the process is that the accused is asked to explain what happened, what they were thinking and who they believe was affected. Secondly, the victim is asked to recount the event and describe how they were affected by it. Next, all of the support people are asked to explain what impact the event has had on them. According to Ruth Sirman, young people often have a very limited perception of the effects of the event, and they can be quite surprised to hear about the many far-reaching implications of their actions. Once everyone in the circle has spoken individually, the group proceeds to a more open style of dialogue where participants can ask questions and start to identify key issues. Using a consensus model, the entire group (including the accused) then creates a confidential agreement outlining what they feel is appropriate in terms of repairing the harm done and addressing the identified issues.

In the creation of this agreement lies the true artistry of the forum, which Ruth describes as “true community problem-solving at its best.” Each agreement is customized, specific and time-sensitive, and its adherence must be measurable and able to be monitored. Components can include such things as having the offender apologize, pay back money, work to repair damage, undergo assessment for anger issues or substance abuse, or provide community service hours. The Community Justice Office oversees follow-up, and if the offender does not comply within the agreed-upon timeframe, the case reverts back to the traditional model and is dealt with by the school, police or court.

Reduce, Repair, Re-integrate

The three R’s of the Community Justice Program have wide reaching implications for victims, the accused, and society. By reducing the heavy caseload of the court system, LCCJP benefits police and the courts, as well as individuals who are affected by more serious crimes requiring those services. By bringing victims and offenders together to discuss the impact of the crime and create an agreement of reparation, the process helps offenders to assume real responsibility for their actions. It also provides victims the opportunity to express their feelings and gain a restored sense of safety, as well as concrete repair of the harm done to them. And by doing all of that in a safe and supportive environment that prioritizes the dignity of all involved, it allows the offender to re-integrate into society with the sense of self-worth that comes from atoning for their actions, rather than the stigmatizing shame that can result from punishment in the court system.

Although the process may seem complex and time-consuming, the results are nothing short of stunning. According to Ruth, compliance rates are above 90%, because the offenders take an active part in creating the agreement. Recidivism rates are very low, likely because offenders are reluctant to go through the emotional process a second time. And moments of real magic have resulted from the process, such as when young offenders have continued to volunteer in the community beyond what was required by their agreements. Ruth has even seen cases where youth have stolen from businesses, have agreed to do volunteer work at the business as part of their agreement, and then ultimately been hired on as employees.

Getting Involved

With all this success to boast about, you might assume that programs like LCCJP have a secure future. Unfortunately, Ruth reports that: “many of these programs has have had to close due to lack of funding,” even though they rely almost entirely on volunteer facilitators. “We need a recognition at the official level of the value of these programs, and core sustainable funding to build a level of service to the community that is consistently high-quality,” she emphasizes. To help gain that recognition, LCCJP is throwing their annual general meeting open to the public to drum up interest and support. As a special treat, LCCJP together with PDCI drama students will be presenting a Mock Community Justice Forum. All interested community members are invited to come and see Restorative Justice in action on Thursday, Nov. 16 from 7–9pm at the PDCI library (13 Victoria St. in Perth). After the mock forum and orientation, all are welcome to attend the AGM, to join as voting members (membership is $5 for the year), or to sign up as volunteers. For more information about this event or the Lanark Country Community Justice Program, please visit their website or call 264–1558.

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