Rights and restoration in Canada: Law, practice and theory.

Source: (2012) Paper presented at the 1st International Symposium on Restorative Justice and Human Rights. 2-7 June 2012, Skopelos Island, Greece.

Canada’s legal structure, constitution and charter is grounded in a human rights framework, signed in 1982,
making Canada a constitutional democracy. In 1996, sentencing provisions aligned with this framework in
changes to the Criminal Code of Canada (e.g. Section 718.2), which includes the provision of reparations
for harm done to victims and the community, and the promotion of a sense of responsibility in offenders
and acknowledgment of the harm done to victims and to the community. Likewise, the 1989 UN Convention on the Rights of the Child was signed by Canada in 2010 (along with 193 other countries) and is
reflected in the Youth Criminal Justice Act (e.g. Articles 2, 3, 6 and 12). This paper will review these
legislative developments in the context of research and development in the practice of restorative justice in
Canada, as called for by the Daubney report “Taking Responsibility”, following the Green Paper issued by
the House of Commons in 1987. Current practice will then be examined within the theoretical framework
of responsive regulation motivational postures as well as social value orientation. (author’s abstract)