Can we forgive everything, even the worst crimes? This question is at the heart of My faultthe new - series that focuses on restorative justice. But what exactly is restorative justice? We’ll explain it to you.
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What is restorative justice?
Restorative justice is when a person who has committed a mistake “repairs” the harm caused, according to Rachel Chagnon, professor in the Department of Legal Sciences at UQAM. This approach is intended to be an alternative to regular criminal justice.
“It is the idea that reparation will not only restore the victims’ dignity and allow them to make peace with what happened to them and move on, but also help the person who committed the offense, because it will allow her to better connect with the victims and learn more about what she did,” she explained in an interview with 24 hours in 2022.
In some cases, restorative justice can replace a prison sentence. The process can also be done after a conviction, such as in a case of sexual assault.
Restorative justice is an approach often favored within Indigenous communities.
Who can use restorative justice?
In Quebec, it is especially minors who can turn to restorative justice, Rachel Chagnon told us.
The professor gives the example of a graffiti artist who could meet the owner of the building on which he painted to become aware of the impact that his gesture had.
A person who can use restorative justice generally begins the process after conviction, because victims’ advocacy organizations fear that an accused may enter such a program to avoid the risks of a criminal record, it said. She.
“We want people who sincerely understand that they have done something wrong.”
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Can we use restorative justice in cases of sexual violence?
Most of the time, in cases of sexual misconduct, restorative justice is not an option considered, according to Rachel Chagnon.
“When we put the aggressor and the victim face to face, it rarely goes well and often it is even a traumatic experience for the victim.”
In cases of domestic violence, restorative justice is generally not suitable, since the executioners are often manipulative and it can be difficult to ensure the sincerity of their reparation approach, she emphasized in an interview with 24 hours.
A victim of sexual assault could, however, request to meet with a person who has been convicted of such a crime – but who is not their attacker – to begin a restorative justice process. Such an approach can help the victim make sense of what happened to them and the aggressor to repair their mistakes, according to the professor.
A victim who would like to begin a restorative justice process can contact an organization that will guide them in their approach, such as the Restorative Justice Services Center or Équijustice.
What are the benefits of restorative justice?
For Rachel Chagnon, restorative justice is a good way to make more room for victims in the justice system, by offering them the opportunity to express themselves on what they want to recover from a crime.
“Often what victims want most is for the person to acknowledge their wrongdoing and for the person not to do it again. Restorative justice, without offering guarantees, offers a certain promise in relation to that.
