By Nushrah Amod
This past week I attended the Lunchtime Study Session titled “In This Together: An Overview of Restorative Justice and Restorative Practices” hosted by the Neighbourhood Group. The session introduced the emerging relevance of Restorative Practices in conflict resolution that draw on principles of Restorative Justice. The workshop allowed me to explore my interest in Restorative Practices and how these practices fit into the ADR model, broadly. I have been presented with a space to investigate my interest in Indigenous conflict resolution practices, which I will continue to explore throughout my blog contributions this summer. As a Summer Caseworker and Researcher with the Winkler Institute, it is my hope that we are able to fully understand and appreciate the ways in which Indigenous practices influence and shape our models of conflict resolution.
What Exactly is Restorative Justice?
Restorative justice is a reparative approach to dispute resolution that strays from the typical use of legal principles and punishment, and instead centralizes the needs of those who have been directly aggrieved by a dispute as well as others who have been affected. The process extends beyond a typical victim-offender structure and often involves the families and the community in the resolution process. Restorative Justice practices acknowledge that the dispute has broad-reaching effects that impact not only an individual but those around them as well.
A pertinent point of discussion is what exactly does Restorative Justice restore? The simple answer to this question was presented in the workshop as “whatever was destroyed or taken”. In the Restorative Justice process, victims and involved parties are given the space to express both the emotional and material impact of the offenders’ actions. Offenders are encouraged to take responsibility for their harm-causing actions – through apology, community service or otherwise agreed upon solutions. Through non-punitive consequences, Restorative Justice aims to aid offenders in avoiding future wrongdoing. Ultimately, one of the principal goals of Restorative Justice is to serve meaningful justice - justice that extends beyond precedent and legislation, and is firmly rooted in empathy.
A Deeper Dive into ADR in Aboriginal Contexts
After attending the workshop, I was interested in researching the relationship between Indigenous dispute resolution practices and how they have come to inform Restorative Justice. An article by Wenona Victor of Stó:lo Nation, titled “Alternative Dispute Resolution (ADR) In Aboriginal Contexts: A Critical Review” explores themes that emerge in ADR in various Indigenous communities. While the article comprehensively uncovers many themes that appear within specific Indigenous communities, the unifying theme of restoring harmony appeared repeatedly and across the very diverse range of Indigenous peoples in Canada. Given the strong belief that all things are connected, a dispute acts as a disruptor to this interconnected balance. As such, many Indigenous communities place significant value on restoring harmony after a dispute-induced disruption. Returning to the initial query of “what exactly does Restorative Justice restore?”, it is apparent that collective harmony – harmony within individuals as well as within communities – is an overarching goal of Restorative Justice that stems directly from Indigenous dispute resolution practices.