Sunday. July 11, 1999 - North Shore News -- 3

north shore news

SUNDAY FOCUS

NEWS photo Jule Iverson

VOLUNTEER Aaroz Bruce sits in the circte of chairs left empty following a family group conference held at the Delbrook rec centre.

Restorative justice program offers a path of reconciliation

Deana Lancaster
News Reporter deann@nsnews.com
IMAGINE that you are the victim of a crime.

Perhaps something has been taken from you. It’s valuable, or ir has personal
value, and the fact of its theft is a violation against you.

Do you wish for retribution against the person who stole from you? Some kind
of harsh punishment for this nameless, faceless lawbreaker?

Or instead, would vou like the opportunity to sit down, face-to-face with this per-
son, and tell them how they hurt and angered you with their
actions? Show them that their decision ro steal had consequences.

And tell them how they could make reparations to you.

Given the choice, many people would take option number nwo.
But under our criminal justice system, there is no option number
two. . :

“The criminal justice system was originally created as a last
resort — where peopic went when they couldn’: work things our
themselves,” said. Jacquie Stevulak. “Now it’s become the first
place they go.”

It’s this shift away from resolving things within the community
— with the input of both the wrongdoer and the person wronged
—— that has caused the community to become fearful, said Stevulak.

“People feel like things are out of control. They don’t feel safe
anymore.”

Stevulak is the administrative coordinator of the North
Vancouver Restorative Justice Society (NVRJS), and for more than
a year, she and a team of devoted volunteers have been working to
bring change to North Vancouver.

The concept of restorative justice is not new. Far from it. It’s founded on meth-
ods of peacemaking found in the faith community, the aboriginal community and the
feminist victim movement.

It’s about allowing the victim of an offence, and the community, to have a say in
the treatment of the person who did the wrongdoing.

“The criminal justice system right now is offender-focused. It focuses on the ace
more than the people involved,” said Aaron Bruce, who sits on the NVRJS board of
directors and is a volunteer mentor with the program. “In restorative justice pro-
grams the nceds of the victim and the needs of the community are equally impor-

tant,”

America, Each program, said Bruce, is tailored to meet the needs of the community
it is serving. In North Vancouver, the program has been dubbed the community con-
ferencing program. Only young people who have committed their first offence, and
ir must be a “minor” crime, such as theft, possession of stolen property, trespassing

Different models of community justice are being developed throughout North

or mischief’ — can be referred to the program. The investigating ofticer makes the
inital recommendation before any charges are laid, but it is up to the young person
whether or not they participate.

“This is a voluntary program. It is not offered as a carrot to kids as a way to avoid
the criminal justice system. The criteria for the program surrounds them taking
responsibility for their actions,” said Stevulak.

In other communities, forms of restorative justice arc available after charges have
been laid and when recommended by Crown Counsel. It can be suggested by the
judge presiding over the case, after the sentence is completed as a form of reconcili-
ation, or as a means of easing people from correctional facilities back into the com-
munity. Stevulak said she would like to see the local program
expand sometime in the future, “but it needs to walk before it can
run. It has to prove itself — the community needs to see that it can
work.”

‘The program is still in its infancy, but carly indications are good. Of
the cases handled in North Vancouver, not one of the young peo-
ple who has chosen to participate has committed another offence.
National studies show that while the courts tend to get about 60%
to 65% compliance with sanctions ordered, community justice pro-
grams get a noticeably higher response ~ 85% to 90% of the par-
ticipants comply with the reparations agreed upon.

Why does it work?

“There’s a victim-offender reconciliation — they make a human
connection,” said Stevulak. “The humanizing is where the power
is.” Often, when the young person realizes how much their actions
affected another person, “that seems to be when they make a shift
in their behaviour.” The terms agreed upon are usually related to
the wrongdoing. For example, to make amends for shoplifting
from a large department store one young person spent time working for one of the
community organizations the store supported.

The reality of probation or sanctions unrelated to the offence, as often ordered
by the courts, stands in stark contrast.

Restorative justice 1s an initiative that works for local law enforcement as well.

“It’s actually something that police have been doing for years,” said Supt. Jamic
Graham. “A constable will catch two young people drinking, grab them by the ears
and march them horne for a mini-confererice with their parents.

“Bur that wasn’t official. This formalizes ic — it’s a major step forward ... I've
been in policing for 30 years and this is one of the more exciting things to come for-
ward in chat time.”

Accorditg to Graham, most of the youth the police come in contact with are
good kids whe made a mistake. The program is not for multiple offenders or for
those who comni't more serious crimes, but to redirect those who may be taking a
first step in the wrung direction. Added Stevulak: “What’s exciting about this is it
seems to resonate for people. It makes sense.”

Basic
steps
heal
past

THE community con-
ferencing program
sounds like a good
idea, but how does it
work?

After the investigating offi-
cer makes a recommendation,
the young person involved in
the offence and his or her
family is contacted. A “pre-
meeting” is arranged it pro-
gram coordinator Jacquie
Stevulak’s office at the North
Vancouver RCMP detach-
ment.

“We explain the process to
them and ask the young per-
son if they are willing to take
responsibility for — their
actions.” If they agree, the
victim is contacted and a sim-
ilar pre-meeting is arranged.

“We explain the goals and
objectives of the program.
What we often find is that if
they can help a young person
make a shift in their behaviour
they want to participate.”

Then a conference is
arranged between the young
person and any friend or fam-
ily they want to bring for sup-
port and a lawyer if they wish;
the victim and their support
circle; che investigating officer
if he or she is available; the
volunteer mediators (usually
two) from the restorative jus-
tice society; a mentor, who
will help ensure that the terms
agreed upon in the meeting
are carried out.

“We come together and sit
in a circle,” said Stevulak. “We
lay down the ground rules:
This is an atmosphere of
respect. Each person will
speak uninterrupted when it’s
their turn ...”

Then the young person
talks about why they did what
they did — what they were
thinking about and how they
came to the decision to com-
mit the crime.

Then ir is the victim’s curn
to talk about how the actions
affected them.

“Emotions can run very
high,” said Stevulak. “Ofter
people get very upset.”

Family members of the
youth and of the victim can
also speak about the impact
on them.

Once the issues have been
brought out, the mediators
help both parties find a way to
repair some of the damage
done.

“We ask the offender what
they’d be prepared to offer
and the victim what they'd
like to see happen.” When a
resolution is reached it is writ-
ten up and signed by all par-
ties. For the young person,
they can put a face, and con-
sequences, to their actions.

And for many of the vic-
tims it offers closure.
“Punishment is not one of our
objectives,” said Stevulak.
“Restoring harmony is.”

— Deana Lancaster