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accountability for criminal behaviour and commit to providing reparation of its
consequences.
55.
In a number of societies restorative justice values, such as healing and
reconciliation, have long served to resolve conflict and repair harm. In recent decades,
traditional forms of restorative justice have started to be promoted in both judicial and nonjudicial settings, a process that is resulting in a paradigm shift away from retributive models
of justice (see the table below).
From retributive to restorative justice
Old paradigm: retributive
New paradigm: restorative
Focus on establishing blame and guilt
Focus on problem solving, liabilities and
obligations, focus on the future
Stigma of crime permanent
Stigma of crime removable
No encouragement for repentance and
forgiveness
Possibilities for repentance and forgiveness
Dependence upon proxy professionals
Direct involvement by participants
Action directed from State to offender
Victim and offender’s role recognized in both
problem and solution
Offender accountability defined as taking
punishment
Offender accountability defined as
understanding impact of action and helping
decide how to make things right
Response focuses on offender’s past
behaviour
Response focuses on harmful consequences
of offender’s behaviour
Imposition of pain to punish and
deter/prevent
Restitution as a means of restoring both
parties; reconciliation/restoration as a goal
Community represented abstractly by the
State
Community as facilitator
Source: Canadian Resource Centre for Victims of Crime, “Restorative justice in Canada: what victims
should know” (March 2011), third page.
56.
One of the strengths of restorative justice processes is that they can be adapted and
implemented through various models, such as mediation, conciliation, conferencing and
sentencing circles. They apply to children who are victims, offenders or witnesses and
promote healing, respect and strengthened relationships; they can be introduced at all stages
of the criminal justice process and in a range of other contexts, such as in families, schools,
residential care and communities.
57.
In their most developed form, restorative justice programmes are multisectoral and
go beyond the criminal justice system to include the provision of services, support and
access to education and health services, vocational training and other activities in order to
prevent reoffending.
58.
The importance of restorative justice has become greater still in light of the growing
perceived threat of juvenile delinquency, often fuelled by inflammatory media reports,
which has led to the introduction of lower ages of criminal responsibility and longer periods
of deprivation of liberty. As a result, child populations in detention have been growing
exponentially.
12
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