Are `tough-on-crime' Tories shutting door to restorative justice?

BY DOUGLAS QUAN, POSTMEDIA NEWS

There was a time when Manjit Virk would have liked nothing more than to wring the neck of Warren Glowatski, one of two teenagers convicted of murdering his daughter, Reena, "as if he were a chicken."

But in the fall of 2005, when the two came face to face in a semicircle of chairs in the basement of a church, something very different happened.

"It was the most unusual experience I had encountered in my life," the Victoria father later recounted in his book, Reena: A Father's Story.

"My daughter's killer was shaking hands with me."

This remarkable act of reconciliation is often cited as an example of the potential of restorative justice - the concept that true healing after a crime doesn't necessarily come from harsher punishments but rather from the coming together of criminal and victim, giving them a chance to understand one another and work to repair the harm done.

But despite the existence of programs across the country to facilitate such meetings, restorative justice has never gained mainstream traction, and now some victims' advocates say they worry such programs will be further marginalized because of the federal government's tough-on-crime agenda and its emphasis on incarceration.

"In reality, there's no interest from this government (in restorative justice)," said Steve Sullivan, executive director of Ottawa Victim Services and former federal ombudsman for victims of crime.

"It doesn't jive with their view of what victims want - punishment."

Some advocates say they are troubled by measures introduced this week in the government's sweeping omnibus crime bill, particularly mandatory minimum sentences for certain drug and sex offences, because they interfere with judges' abilities to tailor their sentences and consider restorative-justice options.

"If they're locked in to mandatory minimums, it doesn't allow restorative justice to take place," said Catherine Latimer, executive director of the John Howard Society of Canada.

Not all victims' advocates feel the same way, however.

Sharon Rosenfeldt, whose 16-year-old son, Daryn Johnsrude, was a victim of serial killer Clifford Olson, stood alongside the justice minister in announcing the crime bill. In an interview, she said while she and her group Victims of Violence believe there is a role for restorative justice in society, she said there is also an urgent need to toughen up penalties to deal with repeat violent offenders who keep coming through the justice system's ``revolving door.''

With longer sentences, ``maybe'' some lives can be turned around within prison walls, she said.

Justice Minister Rob Nicholson was not available for an interview, but spokeswoman Pamela Stephens said in an email that "while restorative-justice approaches complement other criminal justice system responses to criminal behaviour, they are not intended to replace them."

She also noted that a restorative-justice approach only works if victims agree to participate, offenders accept responsibility for their actions and trained facilitators are available.

That said, the government has supported restorative-justice initiatives. It invested $85 million in the Aboriginal Justice Strategy, which ``seeks to divert young or first-time offenders into local restorative programs in aboriginal communities.''

The modern restorative-justice movement took root in 1974, when two teenagers went on a vandalism spree in Elmira, Ont. In a pre-sentence report, a probation officer suggested that the teens apologize to the victims as part of their sentence. The judge agreed, paving the way for victim-offender mediation.

Today, restorative justice can take other forms, such as family group conferences and healing circles. Referrals can come from police before a charge is laid, by Crown prosecutors after a charge is laid, by a judge after a conviction, or by correctional officials after a sentence has been imposed.

According to an article in the current edition of the Alberta Law Review, the use of restorative justice varies widely across the country. Saskatchewan handles more referrals than any other province - 6,000 a year.

Studies have shown that victims who go through the process often come out much more satisfied than those who go through the regular criminal justice system, and are more likely to receive restitution from offenders. Offenders are also less likely to re-offend, the research suggests.

The perception that participating in such a process is a cakewalk for offenders ``couldn't be further from the truth,'' said Evelyn Zellerer, a criminology instructor at Kwantlen Polytechnic University in British Columbia and a restorative-justice consultant.

``It's a very rigorous process. It's not easy for someone to face their victim and their families, face what they've done, and listen to the impact of what their behaviour has been.''

Rather than ``get tough'' on crime, Canada needs to ``get smart'' about it, she said.

``Do we want a society where it's an eye for an eye or a society where we hold people accountable, have them take full responsibility and have them meet the needs of those who were harmed?''

The authors of a recent independent review of the Stanley Cup riot in Vancouver seemed to agree, suggesting that the havoc-wreakers be put through a restorative-justice program.

``First responders, business people, people who took part in the clean up, perhaps some of the victims could teach them real lessons a judge can only lecture them about,'' the report said.

The report continued: ``Far from being a slap on the wrist this is, for many, a deeply troubling experience. But it can also be a transforming experience.''

In a flurry of letters to the editor in several newspapers, Emile Therien, former president of the Canada Safety Council and an advocate with the John Howard Society, recently wrote that Jack Tobin, the son of former Newfoundland premier Brian Tobin who was sentenced to three years in prison for the impaired- driving death of his best friend, would have been an ``ideal candidate'' for a conditional sentence with a restorative-justice component.

Despite growing awareness, the restorative-justice movement continues to face challenges.

One problem is lack of consistent funding, observers say. This was evident in Alberta recently when the province planned to axe $351,000 for restorative- justice programs but then decided against it after public outcry.

Another problem is a lack of consensus among practitioners over the suitability of restorative justice in serious cases, such as those involving sexual assault or domestic violence. While some research suggests that it can have the most profound impact when applied in violent cases, there's still a tendency to use it in cases involving young offenders or property crimes, according to the Alberta Law Review article.

A third problem, the article said, is that ``restorative justice is struggling for acceptance in an environment dominated by punitive rhetoric.''

A victim of John Horace Oughton, the Vancouver man convicted in the 1980s of a string of sex offences and dubbed the ``Paper Bag Rapist'' because he would cover his victims' faces or his own face, counts herself among those concerned about the rhetoric.

Laura, who requested that her last name not be used, said there was a time when she wanted Oughton dead - ``preferably at my hands.''

But she said her attitude evolved, especially after she met Oughton's brother through a restorative-justice mediator. From those meetings she was able to gain a ``deeper understanding'' of Oughton and his family and see that they were suffering as well, erasing the ``us versus them'' mentality that had framed her thinking for so long.

She said she worries that the strides restorative-justice programs have made over the years could be ``undermined'' by the federal government's tough-on- crime strategies.

``Public safety is more complex than punishment and incarceration,'' she said.