17. Restorative, Transformative Justice
17.2 Justice as Healing
Dr. Alana Marie Abramson and Melissa Leanne Roberts, M.A.
Restorative justice is often thought of as the opposite of retributive or punitive justice; however, this distinction is an oversimplification. Restorative justice and the current legal system are not mutually exclusive, and can work together. Although the legal system focuses on punishment and deterrence, other goals include offender treatment and rehabilitation. These aims are evident in the principles of sentencing within section 718 of the Canadian Criminal Code. In addition to the outcomes of previous cases and aggravating and mitigating factors, judges must consider the following purposes when determining sentencing: denunciation, deterrence, protection of the public, rehabilitation, reparation and responsibility. See Criminal Code (R.S.C., 1985, c. C-46) for a more detailed description of these purposes of sentencing.
Regardless of the specific purpose of sentencing, the current legal system equates these goals with “justice.” However, research tells us that many victims, offenders, and Canadians as a whole are dissatisfied with the process and outcomes of the legal system, as shown in Figure 17.1 below. Visit Statistics Canada to review data on the confidence Canadians have in the legal system, victim reporting, and the support Canadians have shown in research for restorative justice.
Restorative justice aims to put victims’ needs at the centre of the justice process and to encourage greater community engagement through inclusive and collaborative processes. Rather than focusing on rules, restorative justice focuses on the emotional and relational dimensions of crime. Pranis et al. (2003) characterise this as a shift in thinking from justice as getting even, to justice as getting well.
When comparing the main goals of contemporary criminal justice and restorative justice, there are marked differences, as shown in Table 17.1 (Zehr, 2015, p. 30) below.
| Criminal Justice | Restorative Justice |
|---|---|
| Crime is a violation of the law and the state | Crime is a violation of people and relationships |
| Violations create guilt | Violations create obligations |
| Justice requires the state to determine blame (guilt) and impose pain (punishment) or expect they get better (rehabilitation) | Justice involves victims, offenders, and community members in an effort to repair the harm, to “put things right” |
| Central focus: offenders getting what they deserve | Central focus: victim needs and offender and community responsibility for repairing harm and promoting accountability |
As Zehr (2015) suggests in Table 17.2, the key differences between criminal justice and restorative justice can be boiled down to a few central questions for each approach. The following table compares the primary questions the contemporary legal system is based on with the core questions of a restorative, transformative approach to justice.
| Crimin