Discussion Paper examining the Draft Documents: Values and Principles of Restorative Justice in Criminal Matters, and Canadian Principles and Program Guidelines for the use of Restorative Justice in Criminal Matters

Source: (2003) Paper presented at the Sixth International Conference on Restorative Justice. June 2003. The Centre for Restorative Justice, Simon Fraser University. Downloaded 2 October 2003.

This paper critically examines the Federal Department of Justice’s drafts of the “Values and Principles of Restorative Justiceâ€? and “Canadian Principles and Program Guidelines for the Use of Restorative Justice in Criminal Mattersâ€?. The paper begins with an analysis of the values and principles drafted by the government. Despite acknowledging the inclusion of a number of key restorative principles, this paper details the problems of the overtly legalistic grounding of the quasi-retributive document. The paper then proceeds to scrutinize the document containing the proposed principles and program guidelines prepared by members of the federal government. While the second draft document’s utilization of certain grass-roots concepts are acknowledged as evidence of progress in the government’s involvement in restorative justice initiatives, this paper asserts that, should they be implemented, both draft documents’ inability to grasp the entirety of the restorative paradigm will result in the eventual co-optation of restorative justice initiatives. The paper concludes by recommending the federal government either overhaul the content of both documents or adopt a new strategy in the promotion of restorative justice initiatives. Abstract courtesy of the Center for Restorative Justice, Simon Fraser University, www.sfu.ca/crj.