In recent years, the criminal justice system has seen significant developments in the availability of restorative justice processes. For some, the concept of bringing together an accused person and their victim to openly discuss an incident and its impacts may seem unconventional. Isn’t the purpose of the legal system to impose punishment on those who commit crimes? While punishment is a key component of justice, it is not always the most appropriate solution.
Restorative justice offers an alternative approach, focusing on repairing harm and fostering healing rather than solely seeking retribution. Though still relatively rare, there are cases where both the accused and the victim prioritize rehabilitation and repairing relationships over enduring the adversarial trial process or facing non-rehabilitative penalties like imprisonment.
The State of Restorative Justice in Alberta
The criminal law process in Alberta is still evolving. Alberta Justice, the Alberta Restorative Justice Association, and other stakeholders are collaborating to create a consistent process for referring cases to specific programs. Different jurisdictions across Alberta have adopted their own local initiatives, guided by common principles and tailored to local resources.
While restorative justice is often associated with Indigenous offenders and specialized Indigenous Courts, it is available to any accused person who meets the criteria. The eligibility criteria typically include:
- An assessment of the offence (with most serious offences excluded, except in exceptional cases)
- The personal circumstances of the accused and the victim
- The victim’s wishes and willingness to participate
- Availability of a suitable restorative process in the area
Pathways to Restorative Justice
Referrals to restorative justice can happen at different stages of the criminal process:
- Diversionary Process: If the accused completes the process and fulfills all conditions, the criminal charges may be withdrawn.
- Sentencing Process: If the accused pleads guilty, participates in the process, and returns to court for sentencing, the outcome of the process is considered by the judge in determining an appropriate sentence.
A Case Study: Restorative Justice in Action
BW Law recently represented a client charged with a serious violent offence against his spouse. The incident occurred during a trip to Edmonton for an Oilers’ game, and alcohol addiction was a contributing factor. The couple’s relationship broke down, but they shared young children and both wished to remain active parents.
The accused accepted responsibility and was committed to addressing his addiction, even at the risk of a penitentiary sentence. His former spouse, seeing his efforts and concerned about the impact of incarceration on their children, supported a path focused on treatment rather than imprisonment.
Recognizing the exceptional circumstances, the Crown Prosecutor and BW Law agreed that a restorative justice referral was appropriate. A trained facilitator guided multiple round-table meetings where both parties shared their experiences and listened to each other. The process included community elders, who offered guidance and insight into the healing process.
With input from elders, treatment providers, the victim, and the accused, a comprehensive treatment plan was developed. Instead of a federal prison sentence, the accused received probation with conditions aligned with his treatment plan. This outcome prioritized healing and accountability, demonstrating that restorative justice often requires more effort and commitment than traditional sentencing.
BW Law: Advocates for Restorative Justice
Restorative justice is not suitable for every case, but when appropriate, it can offer meaningful outcomes for all involved. At BW Law, we leverage our experience and deep understanding of Alberta’s legal programs to advocate for our clients. We carefully evaluate each case, consult with clients, and engage with Crown Prosecutors to pursue justice where it can deliver the greatest benefit.
Our work with the Alberta Restorative Justice Association ensures access to the best facilitators in Alberta, helping our clients navigate this path with confidence and support.
Restorative justice is about more than resolving disputes; it’s about fostering understanding, healing relationships, and creating pathways to rehabilitation. At BW Law, we are proud to champion this important approach within Alberta’s legal system.
BW Law, based in Alberta, specializes in defending charges from sexual assault to traffic violations. Our all-female lawyer team brings over 50 years of combined courtroom experience, maintaining a stellar reputation across courts. We ensure meticulous case management and client relations, offering a free 30-minute consultation to start your defense strategy. Celebrated for never losing a jury trial, we’re your best defense in challenging times. Our practice areas include fraud, workplace investigations, and domestic violence. Contact us at 780-244-5800 to protect your rights and regain peace of mind.