Satisfying Justice

Safe Community Options

that attempt to repair harm from crime and reduce
the use or length of imprisonment

The Church Council on Justice and Corrections

Satisfying Justice
A compendium of initiatives, programs and legislative measures

The Church Council on Justice and Corrections is a national church coalition of eleven
member denominations working since 1974 in the field of criminal justice, crime
prevention and community development.

The Church Council is grateful to Correctional Service Canada for supporting this project.

Ce document est aussi disponible en français.

Satisfying Justice / Church Council on Justice and Corrections

Published by The Church Council on Justice and Corrections, July 1996.
© 1996 The Church Council on Justice and Corrections

Canadian Cataloguing in Publication Data

Main entry under title:

Satisfying justice: safe community options that attempt to repair harm from crime and
reduce the use or length of imprisonment

Includes bibliographical references.

Co-published by the Correctional Service of Canada.
ISBN 0-662-24516-4
Cat. no. JS82-76/1996E

1. Community-based corrections - Canada.

2. Alternative to imprisonment - Canada.
3. Criminals - Rehabilitation - Canada.
I. Church Council on Justice and Corrections (Canada).
II. Correctional Service of Canada.
III. Title: Safe community options that attempt to repair harm from crime and
reduce the use or length of imprisonment.

HV9308.S37 1996 364.6’8’0971 C96-980182-3

Design and Production: Phoenix Creative Services

For information or additional copies, please contact

Church Council on Justice and Corrections

507 Bank Street,
Ottawa, Ontario
K2P 1Z5
Tel. (613) 563-1688
Fax. (613) 237-6129

Copies can also be obtained from the Correctional Service of Canada

by calling toll free 1-800-665-8948 or by fax at (613) 545- 8247.

Cover graphic: It is our hope that an emerging experience of satisfying justice, as symbolized through the
wholeness of circle, will steadily gain ground over the bars of imprisonment.

Satisfying Justice / Church Council on Justice and Corrections

 This compendium is dedicated to the memory of Joan Stothard
who died of cancer October 26, 1995.
She believed deeply in the need for satisfying justice.

Satisfying Justice / Church Council on Justice and Corrections

Foreward

I was delighted that the Church Council on Justice and Corrections

agreed to take on the challenge of compiling a listing of community-
based responses to crime; the Correctional Service of Canada has been
happy to assist with the costs involved.

Many, maybe most people, agree that, in principle, non-violent offenders

should be handled in the community and not sent to prison. However,
there is clearly skepticism as to whether effective sanctions can be
designed for, and delivered in, the community (skepticism that claims by
heroic inference that imprisonment is an effective sanction for these low-
risk offenders!).

This compilation should help people to understand that there are a vari-
ety of programs in existence, some more successful than others. There is
no magical formula that can meet the needs of all communities, but if
the compilation provokes creative approaches and a good proportion
indeed reach the objectives set for them, we will have made progress.

John Edwards
Commissioner
Correctional Service of Canada

Satisfying Justice / Church Council on Justice and Corrections

Contents

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I

What Do We Mean By Satisfying Justice? . . . . . . . . . . . . . . . . . . . . . . . . VII

How the Compendium is Organized . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXVI

Section One: Satisfying Justice

A selection of initiatives that attempt to repair harm from crime, attend to related needs and
avoid or significantly reduce the use of custody

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

The Windsor Case of Kevin Hollinsky . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Restorative Resolutions, Winnipeg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Kwanlin Dun Community Justice - Circle Sentencing, Yukon Territory . . . . . . . . . . . . . . . . . . 7
Mediation Services, Winnipeg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Community Holistic Circle Healing Program - Hollow Water First Nation, Manitoba . . . . . 14
Mike from Rosemary, Alberta - A Community Takes on the Justice System . . . . . . . . . . . . . . 17
Pro-Services, Québec . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Atoskata - Victim Compensation Project for Youth, Regina . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Mediation for Reparation in Cases of Serious Crime, Belgium . . . . . . . . . . . . . . . . . . . . . . . . 22
Community Response to Crime - A More Creative Use of Probation, Minnesota . . . . . . . . . . 24
Post-Conviction Mediation Program Reduces Sentences, Oklahoma . . . . . . . . . . . . . . . . . . . . 26
Family Group Conferences - Doing What Prisons Fail To Do, United States . . . . . . . . . . . . . 28
Circles of Support and Accountability for a Released Sex Offender, Ontario . . . . . . . . . . . . . . 31

Satisfying Justice / Church Council on Justice and Corrections

Section Two: Satisfying Justice
A selection of initiatives that attempt to repair harm from crime and attend to related needs,
with some implications for the reduced use or length of custody

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

1. Victim and Offender Mediation: Canada’s Gift to the World . . . . . . . . . . . . . . . . . . . . . . . . 39

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
A Post-Charge Mediation Model, Canada . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Program Descriptions:
(i) Dispute Resolution Centre for Ottawa-Carleton . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
(ii) The Edmonton Victim-Offender Mediation Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
(iii) Pre-Sentencing Mediation Pilot Project - MOVE, Moncton, N.B. . . . . . . . . . . . . . . . . . . . 45
Genesee County Victim-Offender Program, Genesee, New York . . . . . . . . . . . . . . . . . . . . . . . . 46
Victim-Offender Mediation Services for Violent and Non-Violent Crimes . . . . . . . . . . . . . . . . . 47
Community Justice Initiatives, Langley, B.C.
MOVE, Moncton

2. Circle Sentencing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Cumberland House, Saskatchewan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Urban Circles - Armed Robbery in Saskatoon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Serving on Sentencing Circle Attitude-Changing Experience, Prince Albert, Sask. . . . . . . . . . . 58
Manslaughter Case in Fort St. John, B.C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

3. Family Group Conferencing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Family Group Conferences, New Zealand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Family Group Conferences, Wagga Wagga, Australia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Family Group Conferences - Aboriginal Youth, Regina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Family Group Conferences, United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Family Group Decision-Making Project, Newfoundland and Labrador . . . . . . . . . . . . . . . . . . 74

4. Community Sentencing Panels and Youth Justice Committees . . . . . . . . . . . . . . . . . . . . . . 75

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Teslin Tribal Justice Project - Sentencing Panel, Yukon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Wabasca Justice Committee, Alberta . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Slave Lake Sentencing Panel, Alberta . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Youth Justice Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Elders’ Justice Commmittee, Fort Resolution, Northwest Territory . . . . . . . . . . . . . . . . . . . . . . 81
Russell Heights Community Justice Committee, Ottawa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

Satisfying Justice / Church Council on Justice and Corrections

Section Three: Satisfying Justice
A selection of initiatives that attempt to avoid the use of custody, with or
without some reparative elements

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86

1. Diversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Nova Scotia Adult Diversion Project, Dartmouth and North Sydney . . . . . . . . . . . . . . . . . . . . 89
Community Council Diversion Project - Aboriginal Legal Services, Toronto . . . . . . . . . . . . . . 91
The Court Outreach Project: Helping the Mentally Ill Offender, Ottawa . . . . . . . . . . . . . . . . . . 92
A Community Alternative to Jail for Sexual Offences, Canim Lake, B.C. . . . . . . . . . . . . . . . . . . 94
The Micmac Diversion Council of Lennox Island, Prince Edward Island . . . . . . . . . . . . . . . . . 95
E.V.E. (Entraide vol à l’étalage - Stoplifting), Montréal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Youth Mediation Diversion Project, Shaunavon, Sask. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Alternative Measures Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

2. Curative Discharge Program - Yukon Territories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

3. Community Service Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106

Community Service in Nova Scotia - Some Success Stories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Youth Alternative Society, Halifax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Travaux communautaires (Community Service Orders), Québec . . . . . . . . . . . . . . . . . . . . . . . . 107
Community Service Orders - An International Perspective
Sentencing to Service, Minnesota . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Community Service, Norway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Community Service for Adults and Juveniles in the Netherlands . . . . . . . . . . . . . . . . . . . . . . 111
Community Service, Zimbabwe and Swaziland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112

4. Intensive Supervision Probation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113

Legal Aid Youth Office Project, Edmonton and Calgary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Community Reparative Probation Program, Vermont . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
The Dos Pasos Project for Pregnant and Addicted Women, Arizona . . . . . . . . . . . . . . . . . . . . . 116
Alternative to Custody Program for Youth, Kitchener-Waterloo, Ont. . . . . . . . . . . . . . . . . . . . . 117
Second Chance - Restitution, Lloydminster, Alberta and Saskatchewan . . . . . . . . . . . . . . . . . . 118
Intensive Intervention Program, St. John’s, Nfld. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Eastwood Outreach Program, Edmonton, Alta. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Rideau Street Youth Enterprises, Ottawa, Ont. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Sober Streets, Kitchener-Waterloo, Ont. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Repeat Impaired Driving Project, Prince Edward Island . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Adolescent Addictions Program, Prince Edward Island . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Multi-Agency Preventative Program (MAPP) for High-Risk Youth, Brandon, Man. . . . . . . . . 125
Assessment, Intervention, Monitoring Program (A.I.M.), Brandon . . . . . . . . . . . . . . . . . . . . . . 126

Satisfying Justice / Church Council on Justice and Corrections

5. Family Preservation Model . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
Family Preservation Program, La Ronge, Sask. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Community Support Services, St. Lawrence Youth Association, Kingston . . . . . . . . . . . . . . . . 128
U.S. Family Preservation Programs
The Simpsonville South Carolina Family Preservation Project . . . . . . . . . . . . . . . . . . . . . . . . . . 129
The Family Ties Program, New York City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130

6. Alternative Placement/Residential Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130

Opportunities for Independence: The Developmentally Disabled, Winnipeg . . . . . . . . . . . . . . 130
Community Homes Program, Saskatchewan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
Expansion-Femmes de Québec, Québec City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
Maison Thérèse-Casgrain, Montréal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Residential Program for Adolescent Sexual Offenders, Ottawa . . . . . . . . . . . . . . . . . . . . . . . . . 136
Maple Star Foster Care, Colorado . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
Youth Futures Residential and Day Attendance Program, Lower Fraser Valley, B.C. . . . . . . . . 139
El’dad Ranch for Mentally Handicapped Adult Men, Steinbach, Man. . . . . . . . . . . . . . . . . . . . 140

7. Bail Option Programs and Administrative Sanctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141

Judicial Interim Release for Youth, Saskatchewan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
Ma Ma Wi Wi Chi Itata Centre , Winnipeg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Fine Option Program, Yukon Territory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Administrative Sanctions, Yukon Territory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144

8. Client Specific Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145

Sentencing Advocacy Services - U.S. National Centre on Institutions and Alternatives . . . . . . 146
Client Specific Planning, North Carolina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
Client Specific Planning, New Mexico . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146

Satisfying Justice / Church Council on Justice and Corrections

Section Four: Satisfying Justice
A selection of initiatives that attempt to reduce the length of custody
by alleviating the enforcement of imprisonment

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150

1. Community-Based Supervision Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Sexual Assault - One Congregation’s Story of Healing, Ontario . . . . . . . . . . . . . . . . . . . . . . . . . 154
Keeping Kids Safe - Children and Sexual Abuse, Yukon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Coverdale Courtwork Services, Halifax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
Community-Based Supervision for Sentenced Offenders - New Brunswick . . . . . . . . . . . . . . . 158
Community Service - Intermittent Offenders, Barrie, Ont. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
Stop and Think Program - Temporary Absence Program for Youth, Halifax . . . . . . . . . . . . . . . 159
Other Variations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
Some Judges’ Perceptions on Sentencing and Community-Based Programs . . . . . . . . . . . . . . . 161

2. Release Preparation for Successful Community Re-Integration . . . . . . . . . . . . . . . . . . . . . 162

Aboriginal Elder-Assisted Parole Board Hearings, Prairie Region . . . . . . . . . . . . . . . . . . . . . . . 162
Entraide Détenu Anonyme - Early Release Program, Québec . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
Groupes sentences-vie, Montréal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
Life Line, Windsor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
Project Another Chance, Kingston . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
Post-Release Offender Project - Aboriginal Legal Services, Toronto. . . . . . . . . . . . . . . . . . . . . . 169
Respect Program, Brandon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169

3. Wilderness Camps ........................................................... 170

4. House Arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172

5. A Note about Electronic Monitoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173

Conclusion ................................................................. 175

Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189

References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192

Satisfying Justice / Church Council on Justice and Corrections

 Introduction

Canadians are facing a crisis in At the Church Council on Justice

the justice system. Prison popu- and Corrections, we have been
lations are soaring. The costs are asking this question: what can be
no longer affordable. Yet people done instead of jail to meet the
are feeling less safe and secure. many demands of justice?
What Canadians want and need
is “satisfying justice” - a Of course, we all want protection
response to crime that takes vic- from violent behaviour. But
tims seriously and helps them when we are told in this same
heal, a response that calls offend- report that, from the best avail-
ers to account and deals with able knowledge:
them effectively, a response that
“gets tough” on the causes of ... punitive imprisonment does
crime and does something about very little, if anything, to reduce
them. It is clear that filling our our overall risks and that other,
jails has just not been working. less expensive means may be as
effective, or more so;
In fact, a top level document has
put government leaders on ... and when we are told that 84
notice: per cent of admissions of provin-
cial inmates and 37 per cent of
...” continuing to do business the federal penitentiary offender
in the same way will inex- population are in prison for non-
orably lead to further crowd- violent offences;
ing and degraded prison condi-
tions, program effectiveness ... and when we are told that
and security measures.... The Canada incarcerates individuals
current strategy of heavy and at a higher rate than any other
undifferentiated reliance on western democracy except the
incarceration as the primary United States;
means of responding to crime
is not the most effective ... that we use custody as a
response in many cases, and is response to youth crime consider-
financially unsustainable” ably more than the national aver-
(Rethinking Corrections, A age in other comparable countries;
Discussion Paper Prepared by the
Corrections Review Group, 1995,
... and that our adult prisons are
Government of Canada, obtained
through the Access to Information
filled to overcapacity so that we
Act). will soon have to build more, at
great expense, if we don’t change

I Satisfying Justice / Church Council on Justice and Corrections

our way of going about the busi- tinue to do business in the same
ness of doing justice; way;

... and when we are told that rates then we feel a need to stop and
and length of incarceration not ask ourselves:
only fail to reduce recidivism and
the overall crime rate, they some- Why are we doing this?
times increase them; Couldn’t all that money be
put to better use to make us
... and when we are told that the secure?
annual cost of our adult correc- How can we get SMARTER
tional systems was about $2 bil- about getting tough?
lion in 1992/93, that it costs What can we do instead?
$52,953 a year to keep an offender
in penitentiary instead of $10,951 Many government jurisdictions
for supervision in the community, here in Canada and elsewhere
and that the federal prison popu- have been asking similar ques-
lation is growing at a rate which tions. They want to decrease the
suggests a 50 per cent increase size and costs of their prison pop-
over the next 10 years if we con- ulations. In Canada, however, all

1984-1995
Rate of Incarceration for federal institutions in Canada
Accommodation %
Count Increase
1984 10,434
1985 10,980 5.23%
1986 11,225 2.23%
1987 10,785 -3.92%
1988 11,169 3.56%
1989 11,549 3.40%
1990 11,779 1.99%
1991 11,854 0.64%
1992 12,432 4.87%
1993 13,006 4.62%
1994 13,972 7.42%
1995 14,744 5.53%

Correctional Services Canada - Information Management System - Year End Count

Correctional Services Canada

Satisfying Justice / Church Council on Justice and Corrections II

 the governments’ efforts to date grams and legislative measures
to provide alternatives to impris- responding to crime which has
onment have failed to halt in any already occurred. We wanted to
significant way these mounting identify safe community options
numbers, already high by inter- that attempt to repair harm from
national standards. These esca- crime and reduce the use or
lating rates of increase in prison length of imprisonment.
population are no longer sustain-
able, either fiscally or socially. We found that many voluntary
The traditional average yearly agencies have recognized for
increase of 2.5 per cent has years the futility and destructive-
Diversion programs jumped in recent years to over 4 ness of prison sentences vis-à-vis
can be instituted either per cent, a trend which is expect- the crime problem. They recog-
before or after a charge
ed to worsen, leaving less money nized the need to ensure that the
is laid. These programs
are based on the belief for other essential programs in response to crime is social as well
that in many cases the the field of health or education as legal. Many have sponsored
full weight and cost of and, as the Rethinking community-based measures
the criminal justice Corrections paper noted, “grim which are safe, and sometimes
system is not required implications for the quality and satisfying for victims, to which
to achieve the objectives
of the law or the com- values of society generally”. the criminal justice system can
munity. Sentencing refer, in order to reduce the use or
options must be Yet, the truth is that effective length of imprisonment.
responsive to the needs community measures do exist in
of victims and address Canada and elsewhere. Some We also found that, in some com-
public safety. They jurisdictions around the world munities, individuals or groups
must also allow courts
to dispose of cases in a have succeeded in reducing their have spontaneously rallied in the
variety of ways that do use of prisons. aftermath of a tragic crime to
not always include struggle together and to work out
imprisonment unless Therefore, we set out to track some real solutions for communi-
that sanction is clearly down and describe a range of the ty protection and satisfying jus-
warranted.
best examples we could find. We tice beyond mere incarceration.
Solicitor General wanted to illustrate to victims of
Herb Gray crime, to justice decision-makers, Most importantly, we found that
Oct. 1, 1995 to members of the public what in pockets of the world, including
can be done that would bring examples in Canada, some com-
about satisfying justice while munities as a whole are trying to
reducing our country’s reliance forge an entirely different kind of
on incarceration, wherever the partnership with their local jus-
evidence shows this to be ill- tice officials. Some are aboriginal
founded and counter-productive. communities drawing on their
While we recognize that long- own traditions. Others are urban
term crime prevention initiatives groups of citizens who want
remain the best path to safe com- more ownership for their own
munities, this compendium deals justice work to ensure the safety
exclusively with initiatives, pro- and well-being of their neigh-

III Satisfying Justice / Church Council on Justice and Corrections

bourhoods, schools and commu- initiatives that came to our atten-
nities. tion. Where we found several ini-
tiatives of a similar nature, we
Out of this latter movement, as chose to use an example and a
average citizens wrestle with the story that we thought could most
real problems, there is beginning vividly illustrate how it works
to emerge a call for a fundamen- and how it feels. Our aim is to
tally different approach to justice. spark innovative thinking about
People who know the facts about justice and generate enthusiasm
individual situations want lasting for experimenting responsibly
solutions to the problems they are with new solutions to an old
uncovering; and they often want problem. For every entry select-
healing for both victims and ed, we have listed a contact per-
offenders, and for the communi- son who can provide further
ty’s overall sense of trust and details about each initiative’s
well-being. From this perspec- strengths, limitations and poten-
tive, they are shedding a whole tial difficulties. As well, some
new light on the role of incarcera- information will be useful in find-
tion. It has very little positive ing out where other comparable
contribution to make to what programs already exist and where
matters most to them about some guidance might be obtained
crime. And theirs are the initia- before undertaking a similar ini-
tives we have found that stand to tiative.
make the greatest inroads into
forging new models for the “sat- There is some tremendously good
isfying justice” we all ultimately news about all the initiatives fea-
seek, and by the same token tured here. For the individuals
reduce wasteful expenditures on benefitting from them, they do in
imprisonment. fact avoid the use of imprison-
ment altogether, or frequently
In this compendium, we present reduce, to varying degrees, its
a selection of “a hundred and length. The heartening finding is
one things we can do instead of that the most conclusive evidence
putting or keeping someone in gathered to date reveals that this
jail”. It is based on information has not increased rates of recidi-
that individuals and organiza- vism or overall crime in the com-
tions forwarded to us after hear- munity (see for example Ekland-
ing about our search. They do Olson et al., 1992; Lin Song, 1993;
not by any means provide an Julian Roberts, 1995).
exhaustive listing of all the valu-
able programs and services that The bad news is, however, that in
are currently available. We hope many jurisdictions, including all
they do provide a balanced repre- of Canada’s, the use of these
sentation of the most creative, more cost-effective justice options
innovative and satisfying types of has failed to reduce the overall

Satisfying Justice / Church Council on Justice and Corrections IV

 use of imprisonment as a sen- inclined to take the actions that
tence. They have failed to halt would more effectively decrease
the continuing increases in its use.
prison populations and costs.
They have even failed in some In addition, the manner in which
instances to halt the continuing many of these measures are
escalation of population overca- presently structured does not
pacity. According to the govern- contribute significantly to a per-
ment document, “Rethinking ception that sentences other than
Corrections”, in federal peniten- incarceration are a more appro-
tiaries this overcapacity recently priate, effective or desirable
doubled in the span of only one response to criminal behaviour.
year and concern about this situa- Prison remains the cornerstone of
tion has been publicly expressed criminal policy in the mindset of
The millions of dollars by the Auditor General. All juris- the public and of judicial deci-
that we waste on build- dictions in Canada are presently sion-makers. Its symbolic hold
ing new prisons and
operating institutions at close to on our collective psyche over-
maintaining our old
ones is, generally full capacity or in excess. Nor is powers all rational evidence to
speaking, money wast- this likely to change as things the contrary. Yet on a practical
ed. In no other area stand now. Meanwhile, commu- level prisons fail to provide satis-
of public tax funds nity options are sometimes not fying justice to victims and com-
expenditure do public funded on the basis that they munities and are often harmful to
monies get less
scrutiny in terms of increase overall criminal justice those who live and work in them,
positive effectiveness costs. Yet, on their own they with devastating and long-lasting
than in the area of would be more cost-effective, effects on the children of prison-
penal policy. especially if dollars spent on pris- ers (Council of Europe, 1991;
ons are reallocated to dollars Roberts, 1995). As a mere sym-
Michael J.A. Brown
spent on community programs. bol, it is one we can no longer
Principal Youth
Court Judge What is the problem? Some of afford.
Auckland, New the factors behind it are discussed
Zealand. in the section of this compendium We need to call our decision-mak-
entitled Conclusion. ers to account for this. We need
to call for responses to crime and
But of equal concern is our find- sentences that protect us effec-
ing that some of these alterna- tively when that is required, and
tives and community measures, that spend our money in the
while remaining safe to use with- ways that will be the most satis-
out increasing recidivism or fying for our real justice needs
crime rates, are not providing vic- and in the long-term best inter-
tims or communities with what ests of our communities.
we are calling “satisfying justice”.
And this may also partly explain In presenting this compendium of
why they are not reducing the justice options that could help to
calls for incarceration and why reduce the use of imprisonment
governments have not been in Canada, we have chosen,

V Satisfying Justice / Church Council on Justice and Corrections

therefore, to particularly highlight prison institutions serve in our
the initiatives that meet this crite- society and the importance of
rion, while providing “satisfying finding strategies to more cost-
justice” to victims and communi- effectively fulfil all of these func-
ties. And we have asked of all tions. Strategies to limit the costs
entries the following kinds of of incarceration, as the govern- “A surprising number of
judges feel that much of
questions: ment has tried to do up to now,
this activity of processing
by addressing only one of these and reprocessing petty
• what are the ways in which purposes, i.e., protection from social misfits does very
this initiative does or does violent crime, or by providing little to prevent or control
crime,” said Judge David
not provide “satisfying jus- alternate ways of fulfilling only Cole of the Ontario
tice”? . one of these functions i.e., to Court’s Provincial
• does it protect us enough? more cost-effectively punish low- Division.
• could it be used in more risk, non-violent and primarily
“They are beginning to
serious cases? property offenders, without ques- challenge the theory and
• if a period in prison was tioning fundamental premises, practice of sentencing in
still a component of the are bound to be neutralized by Canada today.”
sentence in this initiative, the other “uses” of imprisonment. Judge Cole, co-chairman
what was the purpose for Other means are needed. of a recent provincial
which it was used? Was it inquiry into systemic
racism in the justice sys-
really necessary? Or is As we will see in the concluding
tem, said the belief that
there another means for chapter, a few other countries prison sentences will
achieving this purpose that have assembled the political will deter or rehabilitate is
could have been used to develop these means. particularly suspect.
instead that could have As corroboration, he
been as effective or more so, It is our hope that this compendi- quoted from a dozen
less harmful, less costly? um will provide some helpful recent decisions in which
judges questioned the
ideas, tools and inspiration to sense of relying on
As a preamble to the description help Canada as well take some prison as heavily as
and listing of the entries, we significant further steps in this Canada traditionally has.
begin by providing a framework much needed direction.
The public seems to think
for reflecting on this newly the criminal justice sys-
coined phrase, “satisfying jus- tem can prevent and con-
tice”. There are a number of trol crime, said Judge
Cole. “Public expecta-
ways in which prison itself does tion, all too frequently
not provide it and can work fuelled by opportunistic
against the effectiveness of some politicians, mostly over-
of the accompanying measures rates that part.”

that occasionally attempt to com- Judge David Cole

pensate for that. This leads us to Globe & Mail - March 5,
a logical question: then why has 1996
Canada continued to use impris-
onment so much? In the conclu-
sion, we list a number of uses
that the prison sentence and

Satisfying Justice / Church Council on Justice and Corrections VI

 What Do We Mean by
Satisfying Justice?
(i) Satisfying Justice - Not!
The best way to understand what to haunt her. She became ill with
we mean by “satisfying justice” is bulimia and lost 85 pounds. Insomnia
to begin by examining what it is kept her awake night after night.
not. We start, therefore, with a
story that powerfully illustrates Friends and family quickly became
some of the dimensions of crime impatient with her. “Look, you did-
currently overlooked by our crimi- n’t get hurt. Let it go. What’s your
nal justice system. The story con- problem?” (This impatient response
cerns a woman who was working to a victim’s torment is typical.)
in a convenience store when it was
robbed by a man wielding a knife. Elizabeth herself couldn’t understand
From their strictly legal point-of- the unrelenting torture. Why did
view, the courts considered the she suffer nightmares every time she
absent owners of the convenience closed her eyes for a few moments?
store as the only “victim” in this Why couldn’t she resume her life?
case. This woman’s story was told As her health deteriorated, her mar-
to us by Wendy Keats of MOVE riage broke down and her relation-
Inc., a New Brunswick initiative ship with her children changed dra-
(see entry in Section Two of the matically.
compendium).
Meanwhile, Charles, the 21-year-old
Elizabeth had been extremely trau- offender, was serving five years for the
matized by the armed robbery during offence in a federal institution. He
her shift at the convenience store. had been raised in a violent environ-
The crime scene had been absolute ment by a family deeply involved with
chaos. The masked robbers had drug and alcohol abuse. His string of
screamed death threats as they held surrogate fathers were mostly ex-
her captive with a knife to her throat. offenders and addicts themselves. He
She had wet herself from sheer terror. and his sisters were victims of contin-
uous abuse and poverty.
Even months after the robbers had
been caught, life did not return to nor- He had committed minor offences as
mal. Word had got out about her fear- a juvenile, but this was his first seri-
induced loss of bladder control, and ous crime. To him, the offence was
customers and co-workers teased her the result of an extremely bad acid
mercilessly afterwards. Not only did trip. Completely out of his mind on
she have to cope with fear and shame, booze and drugs, Charles had no idea
but past traumas in her life returned of the trauma caused by his actions.

VII Satisfying Justice / Church Council on Justice and Corrections

Charles first learned of Elizabeth’s When I first met Elizabeth, I asked
situation when he became aware of her why she wanted to meet her
her insistence that the court allow offender. “I cannot live like this any-
her to submit a victim impact state- more” she said. “I have to get the
ment. She had not been invited by answers to my questions. I have to
the courts to submit a statement as find out whether he is coming back to
she was not identified as the victim. get me or my family. I have to tell
The convenience store was. him how I feel. I have to look him in
the face and tell him how he has
As Elizabeth fought for her right to changed my life.”
somehow be included in the process,
her anger and frustration grew. She All valid reasons for mediation. And
was terrified that Charles and his so I went to see the offender.
accomplice would come back to get
her as they threatened they would. Charles was amazed by Elizabeth’s
She was isolated from her family and fear. “Doesn’t she know I wouldna’
friends by this time. She was fright- never hurt her? Don’t they give
ened, emotionally haggard, and phys- them convenience store clerks some
ically sick. training that tells them to just hand
over the money and nobody will get
Finally after two years and many hurt?” he asked incredulously.
counselling sessions, Elizabeth real-
ized that she had to find a way to “Doesn’t she know that every robber
“let it go”. She realized that, in says “don’t call the cops or I’ll come
order to do that, she had to try to back an’ git ya”? That’s just the way
find the answers to the questions that it’s done. Gee, I’m really sorry about
haunted her. this... I had no idea.”

So when Charles’ parole hearing Without hesitation he agreed to meet

came up, she travelled by bus for four with Elizabeth to try to do whatever
hours to the institution... alone and he could to make up for what he had
suffering from pneumonia. During previously thought of as just a bad
the hearing, Charles turned around night ... too drunk... too stoned... and
and tried to say something to her, but one for which he felt he was the only
victims and offenders are not allowed one paying a heavy price. By this
to speak to each other during these time, Charles had been in prison for
hearings, and he was cut off. two years and it was no picnic. He
slept with a knife under his pillow
Back on the bus, she kept wondering, because there were so many stab-
“What did he want to say to me?” bings going on around him. Like
Elizabeth, he lived in daily fear.
At this point, she contacted the
National Parole Board with a request The mediation was arranged to take
for a face-to-face meeting and they place in a room within the prison
referred her case to MOVE. I was itself. Neither of them slept the night
the assigned mediator. before... each racked with doubts and

Satisfying Justice / Church Council on Justice and Corrections VIII

 fears. By the time the two of them Five months later, she tells me that
came together, face to face across a she has not had even a single night-
30-inch wide table, they were both mare since. “I don’t feel like the
peaked with emotion. same person anymore. There is no
more fear. It’s just gone.”
However, the controlled process of
mediation soon took its effect and the I have learned from Charles’s case
story telling stage began. Elizabeth manager that he is doing well. Staff
said everything she had been think- feel it was a maturing experience for
ing for the past two years. Charles him and that there is a much better
listened intently, and when it was chance of him responding to rehabili-
his turn, he answered most of her tative treatment and taking life more
questions as his own story unfolded. seriously. No guarantees. He’s
As the dialogue continued, they twenty three years old. My own
started to chuckle about a detail. guess is that he will never forget this
This broke the tension and they real- experience, and that it will have a
ly started to talk: face to face and profound affect on future decisions.
heart-to-heart. They had shared a
violent experience, albeit from entire- After the mediation, Elizabeth
ly different perspectives. A relation- requested that a letter be sent to the
ship had been formed that night that, National Parole Board. She no
until now, had been left unresolved. longer wants to be used as a reason
to keep Charles incarcerated. “If
Elizabeth got the answers to all of the they want to keep him in prison,
questions that had haunted her that that’s their business, but I don’t
day. She learned that Charles had want it done because of me. For me,
never intended to come back and this matter is over. I am healed.”
harm her, and that he was genuinely
sorry for what he had done. They
struck an agreement about how they
would greet each other on the street
A Framework for
when he is released from prison and Understanding What Has
returns to their home town. As they Gone Wrong
finished, they stood up and shook
hands. “You know” Elizabeth said, The experience of justice the cur-
“we will never be friends, you and I - rent system usually provides is
we come from different worlds, but I seldom any better than what hap-
want you to know that I wish you pened to Elizabeth. We invite
the best of luck and when I think of you to reflect at some length on
you I will hope that you are doing why this may be so, and how this
okay. I forgive you.” is contributing to the dissatisfac-
tion and frustration with the
Leaving the prison, I asked her how criminal justice system. This can
she felt. “It’s over. It’s closed. It’s help us to understand what needs
done.” to be put in place to provide pos-

IX Satisfying Justice / Church Council on Justice and Corrections

sibilities for a justice experience about victims has found that con-
that is more “satisfying”. tact between the victim and the
administration of criminal justice
For a long time, the criminal has been primarily a source of
courts have concentrated their revictimization, frustration, dis-
attention almost exclusively on appointment and annoyance
the behaviour of the accused. rather than a contribution to the
They have been preoccupied with solution to the victim’s problems.
proving that a law has been bro-
ken and determining who broke “Generally, after the facts (primary
that law and what the penalty victimization), a secondary victim-
should be. They have paid very ization follows through the contacts
little attention to the harm that with the police and the judicial sys-
crime does to people - to victims tem. It stigmatizes the victim in the
(direct and indirect), to families, role of a loser and an outcast”.
to neighbourhoods and commu- (Peters et al., 1995)
nities. Until quite recently, crimi-
nology has also focused almost The administration of justice con-
entirely on the study of the crimi- centrates on pointing out to the
nal’s behaviour, giving us accused that what has been trans-
“explanatory models” that con- gressed is a social standard and
centrate on identifying contribut- that, following a specific hearing
ing factors. The following which is often reduced to a battle
description of the repercussions between lawyers about technicali-
this has had draws partly on an ties, he or she will be punished if
article by Tony Peters and Ivo convicted.
Aertsen, two contemporary
Belgian criminologists, because
their analysis is highly consistent
with our observation of the
The Process Overlooks the
Canadian situation as well Victim
(Peters et al., 1995).
The implications and conse-
What has happened can be quences of the offence hardly get
understood as follows. The any attention. Ironically, this is so
emphasis of the “explanatory despite the fact that the adminis-
models” has generated further tration of criminal justice is initi-
research and intervention strate- ated mainly because of the vic-
gies which have also focused tim’s complaint and the fact that
exclusively on the offender. The the police investigation depends
relation between the offender and largely on the victim’s informa-
the victim of the crime has been tion. The offender is confronted
neglected. This may go a long with the consequences of his or
way towards explaining why the her action strictly in relation to
more recent field of research legal definitions that could tech-

Satisfying Justice / Church Council on Justice and Corrections X

 nically either get him off the hook many opportunities for quickly
or further incriminate him. solving some of the problems the
Meanwhile, what the victim is victim may be facing, some ques-
now going through in the after- tions and needs for which only the
math of the crime is largely offender initially holds the key,
neglected. almost always get lost in the
Alberta and Manitoba process.
studies confirm inter- The formulation of the official
national research that charge and the subsequent trial The criminal justice process
the public may not be hinge on the exact knowledge of describes the complaint against
expecting harsh penal- the facts and circumstances relat- an accused by laying a charge
ties for property offend-
ers and that practices ed by the victim. But the sen- that is phrased in the language of
such as mediation and tence which follows ignores the the Criminal Code. This catego-
restitution would victim’s needs and problems; sen- rizes, labels and “characterizes”
receive considerable tences have consisted primarily of the behaviour, often in a manner
public and crime victim fines and prison terms to which so broadly framed that it is sug-
support. According to gestive of many more allegations
offender-tailored variations have
research by Burt
Galaway, 90 per cent of sometimes been added. The pos- than the offender may feel are
a sample of 1238 per- sibility of giving the sentencing fair. (Terms like “sexual assault”
sons in Alberta con- process, and the disposition itself, or “fraud” can cover a range of
tacted in 1994 chose a meaningful content and orienta- actual behaviours that vary con-
education and job tion in relation to the specific siderably in terms of the degree
training over prisons
repercussions of the offence has of seriousness and stigma that is
vis-a-vis where addi-
tional money should be almost completely been left aside. implied). Within this current
spent for the greatest framework of the system, the
impact on reducing An administration of criminal offender quickly loses any sense
crime. Sixty eight per justice which merely enforces the of responsibility as he or she is
cent preferred repay- law without affirming as part of soon encouraged to reinterpret
ment to a four-month
jail sentence for some- its central task the need to attend the whole situation in order to
one who burglarized to reparation for the victim and protect oneself against the entire
their house and took the community raises a serious range of allegations. The offend-
$1100 worth of proper- question about whether it is con- er is unable to identify with this
ty. (the question also tributing in any way to restoring legal characterization of what
stated the burglar had
peaceful relations between citi- happened, especially if he or she
one previous conviction
for a similar offence zens. Society is entitled to expect is already in a disadvantaged
and would be getting this from the criminal justice sys- socio-economic position vis-à-vis
four years probation tem. As could be seen in the story the victim, or the rest of society as
plus one of the above above, an administration of crimi- is often the case for those actually
choices). Manitoba had nal justice which does not put brought before the courts.
almost identical results.
emphasis on Charles’ responsibili-
ty towards Elizabeth is bypassing At the same time, the accused is
the actual meaning of what hap- rarely confronted with the needs
pened when the crime happened, and problems of the victim, or
for the offender as well as for the with the emotions and concerns
victim. As a consequence of this, of members of the community

XI Satisfying Justice / Church Council on Justice and Corrections

who are disappointed in the lem facing many victims, as we
behaviour, and worried for this saw in the story. They are much
person’s future. Instead, an more affected and traumatized by
adversarial legal system takes the complete lack of interest and
precedence, whereby the offender empathy for what has happened
is expected to concentrate on a to them, especially by services
defence and to reduce his or her like the police and the judicial
responsibility to a minimum. system. They have the right to
expect that concern for the injus-
The offender becomes entangled tice and pain they have suffered
in a battle against the administra- will be an important part of what
tion of criminal justice. He or she is attended to by all the officials
wants to “get off easy” with the with whom they have dealings, “The health of a com-
lightest sentence possible. This of whether or not a judicial proceed- munity improves when
course does not foster a con- ing ever ensues. In fact, how vic- its members participate
ducive context for the offender to tims are treated by justice officials in conflict resolution.
think about the victim’s situation When they leave the
at every stage can have much
task to others, the qual-
or feel confident that if he takes more impact on public perception ity of community life
full responsibility for his actions of the criminal justice system declines. Gone is a col-
he will find support and accep- than how much or how little an lective sense of caring,
tance from the community, “a offender is eventually punished. of respect for diverse
way back in”, or a way in, if he or values, and ultimately
a sense of belonging.
she has in fact never “belonged”
Gone as well is the
in the first place. When the community’s natural
offender is given a punitive sanc-
The Process Overlooks the
capacity to prevent
tion, and more particularly is sen- Community crime, redress the
tenced to imprisonment, that per- underlying causes of
son becomes even less likely to But the neglect of the victim in crime, and rebuild the
the criminal justice process is broken lives and rela-
consider there is any obligation to tionships caused by
the victim; the offender concludes only one of the major drawbacks crime.”
he has already “paid” his debt in sentencing. The other is that it
through the sentence. also overlooks the community Judge Barry Stuart
context of the offence. This Yukon Territories
This situation is of course very means that it fails to consider the
infuriating and doubly injurious initiatives that could be taken to
for victims, and it can lead to prevent crime in the future. For a
escalating calls for tougher penal- justice process to be more satisfy-
ties as they are often perceived as ing, it should be deciding not
the only satisfaction victims can only who has some responsibility
get out of such a system. But a but also what in society or the
more repressive policy will clear- particular community contributed
ly not fix these problems. to the offence, and it should be
According to Peters and Aertsen, focusing on what could be done
failure to sufficiently punish the to avoid the situation in the
offender is not the greatest prob- future (as do coroners’ inquests).

Satisfying Justice / Church Council on Justice and Corrections XII

 “Restricting sentences only to the how will they know if they are
punishment of the crime - incident safe, if he is sorry, if they can
by incident - is closing the stable trust him again? What is likely
door after the horse has bolted.” to happen to him, and his family,
(Waller, 1990) if he just gets feared, and ostra-
cized, and scapegoated for the
Not only is it too little, too late, rest of his life? What effects does
but it limits attention to only the this continue to have on his
crime reported and prosecuted already traumatized victims - the
which is a minute proportion of one he tried to stab, the students
all the crime taking place in a who saw, all the parents and
community. (Roberts, 1995). It is neighbours who heard about it,
also well established that this etc.? Or on the whole sense of
remaining minority of all the safety in that community and
offenders reflects a disproportion- school, on its real protection from
ate concentration on the most him in the future? Or on others
oppressed or disadvantaged who are perhaps also a potential
groups in a given society and the threat, and are in this communi-
current sentencing process does ty that is now full of suspicion
not deal with any of the underly- and fear and remains unable to
ing factors contributing to this. talk openly about dealing with
Safety in the community depends such problems among its young
on far more than this. people. What if he just moves
away from that community: will
Community members are also left he have to run from the memo-
with many more unanswered ries all his life? Can he ever
questions than the current judicial heal? Can the community he left
process ever addresses. The next ever heal? — Yes, he “paid his
story is but just one small exam- debt”, but the job of “justice” is
ple: certainly not done, —not for the
victims, not for the community,
A young offender in an Ontario not for the offender and his fami-
city was involved in a frighten- ly...at least, not the job of “satis-
ing stabbing attempt at his fying justice”.
school. He has finished his
closed custody sentence, is now Community members need an
on probation and continuing opportunity and a safe process to
psychiatric treatment, and the help them discuss with an offend-
justice system expects that this is er their feelings and fears, to hear
enough for the community to what he has experienced, to
accept him back without fear or express their misgivings and
anger: he has paid his debt, the hopes, to comfort those who have
job is done. But how is the com- been hurt, to make up for it in
munity supposed to cope with some way and to help prevent it
his living among them again, from happening again in their

XIII Satisfying Justice / Church Council on Justice and Corrections

community. Is there not a role comes wrapped up in, and we
some of them can play in this? must not forget that. The only
Some of them may be willing to reason this has remained accept-
help. able in our modern world of
human rights is because we
“Whether it is fighting heart dis- believe in it as a means to some
ease of adults or combatting the positive purpose. The possibility At a Harvard Law
precocious deaths of young of prison or a criminal record is School conference
Canadians in traffic accidents, always a threat. Consequently, November 19, 1995
prevention has become a signifi- what is set in motion in our civi- entitled “Police,
cant and substantial part of the lized country is an adversarial Lawyers, and Truth,”
New York City Police
job. No longer would any politi- process to safeguard against the Commissioner William
cian believe that putting risk of mistakes, of unjustified J. Bratton stated that
resources into hospital intensive violation of these human rights. the criminal justice
care units could be a complete And what we get today is a legal system places extraor-
response to the problem.” industry that turns the search for dinary pressure on the
police by emphasizing
(Waller, 1990) justice into a game of technicali-
“winning and losing
ties played between two lawyers more than truth and
in court. What we get is an justice.”
offender who is encouraged to
The Process is Adversarial plead not guilty, to deny every- Comparing the crimi-
thing, to make no amends to the nal justice system to a
production line, civil
Standing in the way of achiev- victim, to show no remorse. The rights lawyer, Michael
ing satisfying justice is the cur- entire system concentrates on the Avery, said police per-
rent adversarial nature of the rights of the accused more than jury is caused “by the
criminal justice system. And, as on the victim’s need for support same thing that causes
we shall see, this is very difficult and reparation. And it can only workers in any indus-
to avoid in a system where the try to cut corners when
be so, when what is at stake is the
the demands of produc-
major purpose of sentencing is to deliberate, legally justified inflic- tion managers are
punish. The potential result of an tion of pain as retaliation which is unrealistic. The prod-
admission or finding of guilt is always intertwined with any uct of the criminal jus-
the deprivation of certain rights other goals. On the other hand, tice system is not jus-
and liberties for the express pur- the resulting stigmatization iso- tice, public safety, or
stopping crime. It’s
pose of “punishing”. Punishment, lates offenders, reinforces crimi- arrests and convictions.
as can be seen in the dictionary, is nal identity in a subculture, and The problem is how to
the deliberate infliction of pain, isn’t even a deterrent (Mathiesen, change production
for the express purpose of caus- 1990). And what happens rarely managers and the mes-
ing pain as retaliation, justified in includes any of the positive quali- sage they’re putting
law because the person has done out.”
ties and community processes
something bad enough to deserve that we are now learning are
it. Many people don’t think needed if we are to realistically
about punishment this way. pursue the objectives most people
Many think of other things when are seeking in good faith when
they call for more punishment. they talk about the need for pun-
But this is what the package ishment, or imprisonment as the

Satisfying Justice / Church Council on Justice and Corrections XIV

 punishment they know best especially, it flies in the face of
(processes like “reintegrative what victims need most.
shaming”, as presented in sec-
tions one and two of this com- Our adversarial system actually
pendium) . stands in the way of meeting
many of the needs that are most
Yes, we need to express abhor- fundamental for victims. It stands
rence sometimes, and set limits, in the way because it’s adversari-
and exact consequences which al, and the continued massive
may feel painful, but to do so threat of the use of prison as pun-
through the legal sanction of puni- ishment makes it more likely that
tive imprisonment is to use a tool it will continue to be so.
that simply cannot work. All that
is learned from punishment in this It gives victims no other way of
system is how to avoid it, by lies expressing their feelings and
and omissions. Dealing with all needs except to denounce the
these matters in an adversarial skimpiness of a sentence that
manner flies in the face of every- never seems like enough. And it
thing we know about all the puts them through a process that
things we are trying to achieve. It seems to humiliate them.
flies in the face of human growth,
personal change, moral responsi- Communities are equally trapped
bility, relationships and communi- in this dynamic because there is
ty strengthening. It flies in the no way of knowing, from the
face of any real solidly grounded mere pronouncement of the
public protection. To the contrary, length of a sentence, if real wor-
it fuels what makes people feel ries and concerns are being prop-
like enemies of each other. And, erly addressed.

(ii) Satisfying Justice: Towards a New

Definition of “Justice”

The increasing awareness of how include those insights. They

the criminal justice system really throw a whole different light on
works has very far-reaching the existing knowledge. They
implications. Indeed it is not cast into question some funda-
merely a matter of additional mental assumptions. They call
insights which can be added to for a profound redefining of the-
existing knowledge; the offender- ories about crime and of the
centered “explanatory models” choices that face us for criminal
themselves must be “widened” to justice policy.

XV Satisfying Justice / Church Council on Justice and Corrections

What do we seek when we seek • and it really helps to hear that
justice as an irate and frightened the offender is sorry - or that
victim or exasperated communi- someone is sorry on his or
ty? We seek: her behalf wherever possible.

• the shared sense of what The crux of the crisis we are fac-
is right and wrong; ing in sentencing practices is the
• the holding to account for crisis of public misunderstanding
wrongdoing; of how it all works, a misunder-
• the affirming of the standing that leaves judges boxed
importance of the rights of into using tools some probably
the person injured; know are obsolete. An impedi-
• the prevention of other ment to satisfying justice seems
wrongdoing or harm; to be that people see no other
• and, of course, respect for way to satisfy their very real and “Constantly in my
the rights of accused and legitimate need for “denuncia- work, where the behav-
iours and situations of
convicted persons, and tion”.
our young people,
some sense of “propor- many jobless and ill-
tionality” between the And yet in truth, within the cur- educated, have the
gravity of the misconduct rent system, very few people are potential to induce a
and any legal coercion satisfied anyway, no matter depressing effect on my
society may be entitled to where they stand in their various own outlook on life, I
am affirmed in my
exert in response. allegiances. We have to do belief in the innate
something about the fact that goodness of people by
As we have seen, the current sys- we’re caught in this [tough vs. the common sense, the
tem gives more attention to the lenient] measurement when the compassion and the
law that has been broken by a missing link isn’t about that at all. cooperation of victims.”
crime than it does to the harm It’s about all the human needs
Marie Sullivan,
that has been done to people. and feelings and worries we have Manager of youth
Yet, as in Elizabeth’s case, what when we’re affected by a crime. services, Auckland,
many victims want most, in addi- But we’re so boxed in by the cur- New Zealand
tion to their safety, is quite unre- rent approach to sentencing that
lated to the law. It amounts more even the people who don’t
than anything else to three things: “believe in jail” can find certain
sentences too lenient - because
• victims need to have people we have no other way of know-
recognize how much trauma ing if the community and the vic-
they’ve been through - they tim are getting what they need.
need to express that, and
have it expressed to them;
• they want to find out what
kind of person could have
done such a thing, and why
to them;

Satisfying Justice / Church Council on Justice and Corrections XVI

 How Can We Increase the instituted and encouraged at
Possibilities of Achieving points prior to the intervention of
the formal criminal justice sys-
the Real Justice tem, in the schools and through
Canadians Seek? the various community and social
services. But for present purpos-
It would appear from all we have es, we have selected examples
learned in seeking examples of that have introduced its funda-
“satisfying justice” that the only mental principles and benefits
way we can break out of the cur- into the criminal justice process,
rent impasse in order to signifi- at various points, with some
cantly develop some new direc- implications, at least potentially,
tions in sentencing, and curb the for reducing the use of incarcera-
needless growth of incarceration, tion. Even when they do not
is to encourage safe experimenta- reduce the length of imprison-
tion with processes in which vic- ment, they provide a better expe-
tims and other community mem- rience of “satisfying justice”, to
bers can start to participate to some extent at least.
have a say in what is done.
We cannot stress enough that we
Some emerging models are do not believe that a whole
paving the way for this, and range of new “alternatives”
some of the best examples we alone will be effective in achiev-
found are described in each of the ing any fundamentally new
sections of this compendium. directions of real significance
that increase overall satisfaction
We know of course that this is not with the experience of justice for
a panacea. It is a very difficult victims, communities and for
challenge, because we face many offenders. We found several
conflicting interests and pitfalls. examples of good alternatives
There will be problems and we that are frequently used but have
have to be careful to make sure not changed the basic climate
everybody’s rights and interests around the justice system; and
are protected. But overall, the they have not changed the basic
communication process and com- perception of imprisonment as
munity mediation possibilities the normative sentence, as the
that these models provide give an only sentence that really means
opportunity for victims to be sup- the offence is being dealt with
ported, for offenders to get some seriously. This is one of the rea-
important messages in a safe sons they have not been effective
environment and for members of in reducing the use of imprison-
the community to work at the ment overall, and have tended to
problems of living together which become popular as “add-ons” to
the offence brings to light. a prison sentence rather than a
Ideally, this process could be genuine alternative to it. (Other

XVII Satisfying Justice / Church Council on Justice and Corrections

reasons are discussed in the
Conclusion in the final section
of this compendium.)

No matter what the sentence, if

the PROCESS of handing it
down is still stigmatizing,
labelling and scapegoating and
doesn’t include some good
expressive justice for victims
and communities, we will just
be adding more bureaucracy to
the same old problems.
If Canada wants to significantly
move beyond its ineffective
reliance on imprisonment to deal
with crime, we must encourage
the further development of
approaches that provide the expe-
rience of “satisfying justice”. We
believe our society will have to
reach beyond its current thinking
about crime, and beyond the “neg-
ative” philosophy that currently
stands in the way of progress. The
justice system will have to provide
possibilities at least for people to
have an opportunity to connect
what they do to seek justice back
to the soul of our common human-
ity. While this is already happen- Fire in the Rose
ing in select individual cases, the Church Council on Justice and Corrections
decision-making process we gener-
ally have tends more to bring out That big picture, some communi-
the worst, in all the people, and ties are discovering, is one with a
keeps us entrenched in desperate new more positive purpose, an
competition for the individual overall healing purpose, for vic-
good - and not working for the tims and communities as well as
common good. offenders and their families. But
there are a million and one varia-
What is called for is no less than a tions possible on how to go about
fundamental shift in direction to introducing this different
change the way we see the whole approach, while simply bearing
picture of what justice is about. in mind what we really want to

Satisfying Justice / Church Council on Justice and Corrections XVIII

 accomplish for people affected by The key message is not that cus-
crime, such as suggested by the tody should never be used, but
following “benchmarks” for the that its proper purpose is safety,
“family group conference sen- not punishment, and that it
tencing” in Australia (see Section should not be made to carry all
Two) that is seeking what is the other functions for which it is
referred to there as “transforma- both useless and costly. Neither
tive” justice: does this mean that there should-
n’t be consequences for illegal
• How can we get the offender to activity, and that they won’t
understand the impact on the sometimes be painfully demand-
“Problem-solving for victim? ing. But the consequences
the future is seen as • How can we get the offender to should make sense and take seri-
more important than acknowledge the wrongness of ously the real problems that must
establishing blame for his/her behaviour? be faced.
past behaviour. Severe • How can we acknowledge the
punishment of offend-
harm to the victim? Finally, the most important guide-
ers is less important
than providing oppor- • How can we get the victim to line for new directions in sentenc-
tunities to empower understand he or she is not at ing which are energetic and help-
victims in their search fault? ful is to stop concentrating all the
for closure, impressing • How can the community show attention on the offender.
upon the offender the disapproval of the behaviour,
real human impact of
their behaviour and without making a scapegoated All the decision-makers in the jus-
promoting restitution outcast of the offender? tice system should make it a point
to the victim. Instead • How can the community be to add to their standard checklist
of ignoring victims and involved in the process of hold- of considerations in each case
placing offenders in a ing offenders accountable? “what does the victim need?”,
passive role, restorative
• How can we involve the victim “what does the community
justice principles place
both the victim and the in defining the harm done and need?”, “how can my function be
offender in active and how it might be repaired? used to help make this happen?”.
interpersonal problem- • How can we involve the offend- Then, we would go a long way
solving roles..” er in repairing the harm? towards getting the public better
• How can the community be value for its money, for its safety
Mark Umbreit
involved in repairing the harm? and for its health. Towards that
goal, we conclude this description
of satisfying justice by reprinting
Howard Zehr’s Restorative
Justice Yardstick .

XIX Satisfying Justice / Church Council on Justice and Corrections

 A Restorative Justice Yardstick
1. Do victims experience justice?

• Do victims have sufficient opportunities to tell their truth to relevant listeners?

• Do victims receive needed compensation or restitution?
• Is the injustice adequately acknowledged?
• Are victims sufficiently protected against further violation?
• Does the outcome adequately reflect the severity of the offense?
• Do victims receive adequate information about the crime, the offender, and the legal process?
• Do victims have a voice in the legal process?
• Is the experience of justice adequately public?
• Do victims receive adequate support from others?
• Do victims’ families receive adequate assistance and support?
• Are other needs - material, psychological, and spiritual - being addressed?

2. Do offenders experience justice?

• Are offenders encouraged to understand and take responsibility for what they have done?
• Are misattributions challenged?
• Are offenders given encouragement and opportunities to make things right?
• Are offenders given opportunities to participate in the process?
• Are offenders encouraged to change their behaviour?
• Is there a mechanism for monitoring or verifying changes?
• Are offenders’ needs being addressed?
• Do offenders’ families receive support and assistance?

3. Is the victim-offender relationship addressed?

• Is there an opportunity for victims and offenders to meet, if appropriate?

• Is there an opportunity for victims and offenders to exchange information about the event
and about one another?

4. Are community concerns being taken into account?

• Is the process and the outcome sufficiently public?

• Is community protection being addressed?
• Is there a need for restitution or a symbolic action for the community?
• Is the community represented in some way in the legal process?

5. Is the future addressed?

• Is there provision for solving the problems that led to this event?
• Is there provision for solving problems caused by this event?
• Have future intentions been addressed?
• Are there provisions for monitoring and verifying outcomes and for problem solving?
(Source: Howard Zehr, Changing Lenses, Scottdale, Pennsylvania: Herald Press, 1990)

Satisfying Justice / Church Council on Justice and Corrections XX

 iii) Reducing Imprisonment and Satisfying
Justice: Intersecting goals

What started as a search for mea- ever, fail to reduce the use of
sures that contribute to reducing existing prison bed space,
incarceration quickly led us to a and they have not prevented
difficult dilemma: on the one the population of young
hand, we found few measures that offenders in Canada, as a
have reduced prison populations whole, from receiving, by
to date in most of the jurisdictions and large, longer sentences of
that have used them; on the other custody than do adult offend-
hand, we found many worthwhile ers for the same type of
initiatives that could. Yet some of offence. And now, ironically,
the reasons they are not having the as community funds are cut
desired impact are quite varied in due to the rising prison bud-
terms of the quality of intervention gets, it is tempting and not at
or experience of justice they are all uncommon for social
providing. For example: workers to push for increased
custody as the principal
• We found programs that use means through which young
“alternatives” for the primary people can access the services
purpose of relieving prison they need.
overcrowding and to avoid
building new prisons. They • We found other interventions
don’t, however, reduce the that include, in addition to or
use of existing prison bed instead of the above, one or
space. several “reparative” elements
that do emphasize the need to
• We found single initiatives, “make amends”, to the victim
and entire programs, that or to the community. Some of
provide opportunities for these also provide an oppor-
some individuals, often tunity to address “collateral
young offenders, to avoid needs”, the variety of emo-
going to prison by undergo- tional and social needs ensu-
ing interventions to address ing from the criminal behav-
the health, social, economic iour, for some or many of the
or educational issues under- people involved or affected.
lying or accompanying their This can include people
criminal behaviour. They affected only indirectly,
tend to focus on the offender through the offender, the vic-
although some also address tim or the surrounding com-
issues related to victim and munity, and can also include
community. These too, how- attention to related social

XXI Satisfying Justice / Church Council on Justice and Corrections

 problems in the community. is discussed in the What Can We Do
As we have seen, these partic- section of the Conclusion. But we
ular kinds of intervention also realized that many of the ini-
appear to be key to the expe- tiatives have some but not all of
rience of satisfying justice. the elements of what is needed for
We believe they are the most satisfying justice, and ultimately,
effective, for this reason, in therefore, for what is required to
reducing the use or length of reduce our country’s reliance on
any imprisonment that may imprisonment for the functions
be brought about primarily in that it cannot effectively fulfil.
symbolic deference to victim They could be used to much
or community dissatisfaction greater advantage if they also
regardless of the practical addressed these other dimensions.
irrelevance of the prison sanc-
tion requested for the particu- We have concluded that there is a
lar purposes sought. (As link between reducing imprison-
Elizabeth said: “If they want to ment and satisfying justice. On the
keep him in prison, that’s their one hand, the call for incarceration
business, but I don’t want it will only subside if experiences of
done because of me.”) genuinely satisfying justice are
Nonetheless, while many of otherwise provided at the same
these features have gained time as the illusions about impris-
acceptance as worthwhile ele- onment are being debunked. On
ments of the justice system, the other hand, the use of incarcer-
they have not shifted the ation does not itself contribute to
emphasis away from incarcer- an experience of satisfying justice
ation as the centrepiece of in most cases. As such, it contin-
sentencing. Instead, they ues to perpetuate the very forces
have tended overall to and factors that will actually
become “add-ons” that are undermine the efforts to reduce its
incidental to its continued use.
use, rather than a replacement
for it that is sufficient in itself This should come as no surprise to
to “do justice”. those who are familiar with the
research. But some communities
As we sought to organize this list- have drawn similar conclusions
ing of initiatives that could be from their own experience over
helpful to the attempt to reduce time. The community of Hollow
the use or length of incarceration, Water, Manitoba has carefully
we realized that some of the fac- explained this as follows in a state-
tors presently neutralizing their ment about the role of incarcera-
impact must be referred back to tion in their attempts to deal with
the attention of government lead- serious incidents of sexual abuse.
ers. They must be urged to intro- We find it an appropriate way to
duce more vigorously directed leg- conclude our reflection on satisfy-
islative and policy measures. This ing justice.

Satisfying Justice / Church Council on Justice and Corrections XXII

 Community Holistic Circle than in the healthy resolution of the
victimization we were attempting to
Healing Program - Hollow
address.
Water First Nation
Position on incarceration Thus, our position on the use of
incarceration has shifted. At the same
“In our initial efforts to break the time, we understand how the legal
vicious cycle of abuse that was occur- system continues to use and view
ring in our community, we took the incarceration - as punishment and
position that we needed to promote deterrence for the victimizers (offend-
the use of incarceration in cases ers) and protection and safety for the
which were defined as “too serious”. victim(s) and community. What the
After some time, however, we came to legal system sometimes seems to not
the conclusion that this position was understand is the complexity of the
adding significantly to the difficulty issues involved in breaking the cycle
of what was already complex case- of abuse that exists in our communi-
work. ty.

As we worked through the casework ... The legal system promotes the
difficulties that arose out of this posi- belief that using incarceration, as a
tion, we came to realize two things: punishment and a deterrence, will
(1) that as we both shared our own break this cycle and make our com-
stories of victimization and learned munity a safe place. As we see it, this
from our experiences in assisting oth- simply has not - and will not - work.
ers in dealing with the pain of their
victimization, it became very difficult Our tradition, our culture, speaks
to define “too serious”. The quantity clearly about the concepts of judge-
or quality of pain felt by the victim, ment and punishment. They belong
the family/ies, and the community did to the Creator. They are not ours.
not seem to be directly connected to They are, therefore, not to be used in
any specific act or acts of victimiza- the way that we relate to each other.
tion. Attempts, for example, by the People who offend against another
courts - and to a certain degree by (victimizers) are to be viewed and
ourselves - to define a particular vic- related to as people who are out of bal-
timization as “too serious” and ance - with themselves, their family,
another as “not too serious” (e.g. their community, and their Creator.
“only” fondling vs. actual inter- A return to balance can best be
course; victim is daughter vs. victim accomplished through a process of
is nephew; one victim vs. four vic- accountability that includes support
tims) were gross over-simplifications from the community through teach-
and certainly not valid from an expe- ing and healing. The use of judge-
riential point of view; and ment and punishment actually works
(2) that promoting incarceration was against the healing process. An
based in, and motivated by, a mixture already unbalanced person is moved
of feelings of anger, revenge, guilt and further out of balance.
shame on our part, and around our
personal victimization issues, rather

XXIII Satisfying Justice / Church Council on Justice and Corrections

The legal system’s use of incarcera- In order to break the cycle, we believe
tion under the guise of specific and that victimizer accountability must be
general deterrence also seems, to us, to, and support must come from,
to be ineffective in breaking the cycle those most affected by the victimiza-
of violence. Victimization has become tion - the victim, the family/ies, the
so much a part of who we are, as a community. Removal of the victimiz-
people and a community, that the er from those who must, and are best
threat of jail simply does not deter able, to hold him/her accountable, and
offending behaviour. What the threat to offer him/her support, adds com-
of incarceration does do is keep people plexity to already existing dynamics
from coming forward and taking of denial, guilt, and shame. The heal-
responsibility for the hurt they are ing process of all parties is therefore at
causing. It reinforces the silence, and best delayed, and most often actually
therefore promotes, rather than deterred.
breaks, the cycle of violence that
exists. In reality, rather than making The legal system, based on principles
the community a safer place, the of punishment and deterrence, as we
threat of jail places the community see it, simply is not working. We can
more at risk. not understand how the legal system
doesn’t see this. Whatever change
To make matters worse, community that occurs when people return to our
members who are charged with vio- community from jail seems to be for
lent acts have, historically, remained the worse.
in the community, often for months,
awaiting a court hearing. They are ... we are attempting to promote a
presumed by the legal system to be process that we believe is more consis-
innocent until proven guilty. In this tent with how justice matters would
period of time there is no accountabil- have been handled traditionally in our
ity to the community and, unknown community. Rather than focusing on
to the outside, re-offending often a specific incident as the legal system
occurs. does at present, we believe a more
holistic focus is required in order to
If and when people are incarcerated restore balance to all parties of the
they do not seem to receive any help victimization. The victimizer must be
while away from the community. addressed in all his or her dimensions
They return from jail not only further - physical, mental, emotional, spiritu-
out of balance but are told by proba- al - and within the context of all his
tion and parole workers - and there- or her past, present, and future rela-
fore, to a certain degree, believe - that tionships with family, community,
they have “paid for their crime”. As and Creator. The legal system’s
a result the community is more at risk adversarial approach does not allow
than before the people were put in jail. this to happen.

Satisfying Justice / Church Council on Justice and Corrections XXIV

 The adversarial approach places vic- We do not see our present position
tim against victimizer. Defence on incarceration as either “an easy
lawyers advise their clients to say way out” for the victimizer, or as the
nothing and acknowledge no respon- victimizer “getting away”. We see
sibility. Not following this advice it rather as establishing a very clear
“weakens” the case. Because they line of accountability between the
are feeling very vulnerable, and victimizer and his or her communi-
because they have been told histori- ty. What follows from that line is a
cally that they should trust lawyers process that we believe is not only
to protect their interests, victimizers much more difficult for the victimiz-
find it very difficult to disregard this er, but also much more likely to heal
advice. At the same time, Crown the victimization than doing time in
Attorneys, to make their case, put jail could ever be.
the victims - often children -on the
witness stand and expect them to Our children and the community
participate in a process that in many can no longer afford the price the
ways, as we see it, further victimizes legal system is extracting in its
them. The court room and process attempts to provide justice in our
simply is not a safe place for the vic- community. We can no longer talk
tim to address victimization - nor is about punishment and deterrence.
it a safe place for the victimizer to We have to talk about BREAKING
come forward and take responsibility THE CYCLE - NOW! We see this
for what has happened. as clearly the responsibility of the
community rather than of the legal
The adversarial approach also places system.
the victimizer against his or her
community. As we see it, this goes ...We have begun to break the cycle
against the very essence of the heal- of violence and abuse in our commu-
ing process. For us, healing (break- nity, but the issue of a safe place (1)
ing the cycle) is based on (1) the vic- to disclose, and (2) to take responsi-
timizer taking full responsibility for bility is in a delicate balance.
his/her actions, (2) the victim under- Incarceration is only appropriate [in
standing and integrating this into these cases of serious violence -
day-to-day living, and (3) the COM- ed.note] if a victimizer is unwilling
MUNITY being able to support, or unable to take responsibility for
assist, and/or hold accountable all his or her behaviour, and/or the com-
the parties of the victimization. munity cannot hold accountable and
Until this can happen, and as long offer support to all parties of the vic-
as incarceration is seen as the solu- timization. Without these, the heal-
tion, the community will not be a ing process cannot begin.
safe place. Incarceration, however, will never be
an ingredient in the HEALING of
ourselves or our community.”

XXV Satisfying Justice / Church Council on Justice and Corrections

How the Compendium
Is Organized
As the previous chapter on the Accordingly, the sample initia-
meaning of “satisfying justice” tives listed have been organized
indicated, The Church Council into four sections, for which they
faced quite a dilemma and chal- have been selected on the basis of
lenge in organizing the com- the following guidelines:
pendium. We wanted to present
the individual entries for the 1. A selection of initiatives that
compendium in an order that attempt to repair harm from
could provide a helpful listing crime, attend to related needs
that does justice to all of them and avoid or significantly
despite the fact that we found reduce the use of custody.
ourselves, in view of the com-
plexity of the issues, with a 2. A selection of initiatives that
diverse array of criteria and ini- attempt to repair harm from
tiatives. crime and attend to related
needs, with some implications
It became important to highlight for the reduced use or length of
the features of various initiatives custody.
that offer some elements relevant
to a strategy for reducing prison 3. A selection of initiatives that
populations in the future, while attempt to avoid the use of cus-
recognizing that other equally rel- tody, with or without some
evant features may still be absent. reparative elements.
Based on our analysis, this has
meant that we have considered 4. A selection of initiatives that
not only to what extent an initia- attempt to reduce the length of
tive is presently reducing the use custody by alleviating the
of imprisonment, but also enforcement of imprisonment.
whether it addresses related safe-
ty and bio-socio-economic inter- As well, we thought it would be
vention needs, as well as whether helpful for readers looking for
it also addresses what we are call- programs, initiatives and cases
ing “justice” needs: does it have relevant to their field of work or
a reparative orientation for victim interest to provide an appendix in
and community, does it attend to the compendium where we group
related social, emotional and many entries according to type of
practical repercussions for others offence or group served by a pro-
affected by the events, does it gram.
provide an opportunity to experi-
ence “satisfying justice”?

Satisfying Justice / Church Council on Justice and Corrections XXVI

Section One: Satisfying Justice

A selection of initiatives that attempt to repair harm

from crime, attend to related needs and avoid or signifi-
cantly reduce the use of custody

Satisfying Justice / Church Council on Justice and Corrections

Contents
A selection of initiatives that attempt to repair harm from crime, attend to related needs and
avoid or significantly reduce the use of custody

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

The Windsor Case of Kevin Hollinsky . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Restorative Resolutions - Winnipeg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Kwanlin Dun Community Justice - Circle Sentencing, Yukon Territory . . . . . . . . . . . . . . . . . . . 7

Mediation Services - Winnipeg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Community Holistic Circle Healing Program - Hollow Water First Nation, Manitoba . . . . . . . 14

Mike from Rosemary, Alberta - A Community Takes on the Justice System . . . . . . . . . . . . . . . . 17

Pro-Services, Québec . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Atoskata - Victim Compensation Project for Youth, Regina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Mediation for Reparation in Cases of Serious Crime - Belgium . . . . . . . . . . . . . . . . . . . . . . . . . 22

Community Response to Crime - A More Creative Use of Probation, Minnesota . . . . . . . . . . . . 24

Post-Conviction Mediation Program Reduces Sentences - Oklahoma . . . . . . . . . . . . . . . . . . . . . 26

Family Group Conferences - Doing What Prisons Fail To Do, United States . . . . . . . . . . . . . . . 28

Circles of Support and Accountability for a Released Sex Offender, Ontario . . . . . . . . . . . . . . . 31

Satisfying Justice / Church Council on Justice and Corrections

 Introduction

This section describes thirteen ini- moved to bring about the most
tiatives we found that most fully just outcome possible for people
provide to varying degrees the for whom they cared deeply.
fundamental elements of “satisfy- When people are moved by par-
ing justice”. They are mindful of ticular circumstances, they often
community safety issues. They discover that no “permission” is
attempt to repair harm from needed to get involved and noth-
crime. They attend to other sur- ing is really preventing them
rounding needs related to the from taking action for what they
offence and they attempt to believe. Such actions arising out
accomplish these objectives while of a community can be among the
avoiding or significantly reducing most effective as they can be cre-
the use of imprisonment in seri- atively tailored to fit all the cir-
ous cases where a prison sentence cumstances: each problematic sit-
would otherwise have been uation is unique and the reaction
expected. to it must be unique, in due con-
sideration of all the people affect-
As stated earlier, they do not all ed and the myriad of possibilities
reflect the full array of elements that can open themselves to build
to the same degree. Some bring solutions, when people are will-
all these basic principles to an ing to give the time to working it
integrated program approach that out together.
is offered to the whole communi-
ty. Others implement some key In this first section, we have tried
features of a satisfying process to present to you stories that
particularly well, and are work- powerfully illustrate some of the
ing hand in hand with the justice most innovative initiatives report-
system, at different points, to ed to us that stand to have an
make this available for cases of impact on providing victims and
increasing seriousness. Some rep- communities with more satisfying
resent the application of an justice. But we have also tried to
accepted alternative to a case that reflect the broad range of efforts
would have been routinely being made to practise principles
excluded from consideration due of satisfying justice, no matter
to its seriousness. The results are where in the process people find
remarkable and raise the ques- themselves when they are called
tion: why not more often? And upon to respond. It is for this
finally, some are spontaneous ini- reason that we have also included
tiatives that have emerged when here two initiatives that take
community members have felt place in prisons as well as one

1 Satisfying Justice / Church Council on Justice and Corrections

that illustrates what can happen But Kevin did not go to jail, both
between a community and a high because of an extraordinary interven-
risk offender even after a prison tion from the parents of the two dead
sentence is over and done with: boys and because of a courageous and
they represent a sound healing innovative court judge who took a
and prevention effort to avoid fur- risk with an alternative community
ther incarceration in the future. sentence. What happened that day in
the justice system of Windsor is best
expressed in the words of Dale
Community Service Thompson, Andrew’s father. He
Orders - Adults made the following submission to the
court.
The Windsor case of
Kevin Hollinsky “Since society demands exacting
a price for Kevin’s mistake, I’d
One July night in 1994, Kevin like to think that price, rather
Hollinsky and four friends had a boys’ than incarceration, could be a
night out at a downtown Windsor much more constructive motion...
bar. Several hours later, Kevin got We have been in contact with the
behind the wheel of his 1985 Firebird. Windsor Police Department
about arranging a program in
On the way home, he and his buddies conjunction with area schools.
were trying to get the attention of a The program would consist of
carful of girls. Kevin was driving too Kevin, along with what is left of
fast when he lost control on a bad his car, attending at schools and
curve. Joe Camlis, Kevin’s best friend speaking with the students about
since the age of four, and his other the events of that tragic evening.
close friend, Andrew Thompson, were Both families have already
both killed. Kevin was not physically offered to assist the Hollinskys
hurt. The two others were injured. and Kevin in his attempt to reit-
Kevin pleaded guilty to two counts of erate to young drivers the impor-
dangerous driving causing death. For tance of responsible driving. I
reasons of general deterrence, the know Andrew would want it this
crown asked for a jail term of between way, I surely do.”
eight and 14 months to serve as a les-
son for other young drivers. In the Kevin Hollinsky received a sentence
words of a community police officer of 750 community service hours and
who worked on the case: “we knew has spoken to more than 8,300 stu-
that we had been telling audiences a dents in an extraordinary program
very clear message - ‘You drink and that includes strong messages from
drive and kill someone. You are going the police, Kevin, Mr. Thompson and
to jail’.” The appeal courts have said another friend who was in the car.
that a prison term is an appropriate
sentence in almost every traffic death
where there is serious negligence.

Satisfying Justice / Church Council on Justice and Corrections 2

 High school audiences are pro- The non-custodial sentence was
foundly moved by the presenta- appealed by the Crown, partly
tion which grew out of we suspect because it so chal-
Hollinsky’s community service lenged the current mindset of the
order. For the first time in years justice system. In November
last summer, Windsor and Essex 1995, three appeal court judges
County had a summer without a deliberated a half hour to confirm
high school student being the original sentence. “Judge
involved in a fatal or a serious Nosanchuk’s decision not to send
automobile collision. After hear- Mr. Hollinsky to prison was an
ing the presentation, one Windsor absolutely brave thing and a
high school principal told the wonderful judgment,” said
police he was confident it would Edward Greenspan, the lawyer
save lives in the future. “In my who represented Hollinsky on the
30 years in education I have appeal. “They stood up in the
never seen a presentation that has courtroom and applauded. The
made such a dynamic impact on parents of the dead boys stood up
students as this one.” and applauded and everybody
began hugging each other, includ-
Lloyd Grahame, a recently retired ing Kevin.”
Windsor police staff sergeant in
charge of community police, was Mrs. Camlis, one of the victims’
initially unhappy about Kevin not mom, agrees. She has been to
going to prison. “I’ve got to say several of Hollinksy’s school pre-
now that he makes the case for sentations. “It was not an easy
alternative sentencing.... Nobody thing for Kevin to do. He relived
will ever convince me now that it every time he talked about it. I
sending him to jail was the best think his two friends can be very
thing to do. You could send him proud of what he has done for
to jail for five years and you them with his life since the acci-
wouldn’t have punished him like dent. He’s said to me many times,
you punished him by doing what ‘I did it for them. It’s the only
happened here. way I can say to them that I am
sorry’.”
This man was forced to live with
the consequences of his irrespon- Commentary
sibility, day after day after day.
Every day he went out to speak There is overwhelming evidence
he relived it. He touched many, that the sentence is not only seri-
many young people in this city in ous but far more meaningful,
a way we could not. It’s hard to effective and less costly to tax-
reach teenagers. He did. Kevin payers than a jail sentence. Given
showed them they are not invul- the clamour for stiffer jail penal-
nerable.” ties, it is ironic that in many

3 Satisfying Justice / Church Council on Justice and Corrections

respects Kevin’s sentence is much ous crimes which make up the
tougher than jail. Kevin suffered majority of crime. Where commu-
survivor guilt and post-traumatic nity safety is addressed, these
stress disorder syndrome. Many sentences seem appropriate for
times, he has faced the conse- more serious crimes too.
quences of his actions and taken
responsibility for them. As one of Contact:
the appeal court judges asked, Church Council on Justice
“How is the principle of general and Corrections
507 Bank St.
deterrence better served than
Ottawa, Ont.
speaking to 8,200 students about K2P 1Z5
the tragedy of drinking and dri- Tel. (613) 563-1688
ving?” Fax (613) 237-6129

In many cases, victims and

offenders are not acquainted or at
least not as close as Kevin was to
his friends. That has some people
dismissing the case as “exception- “... a term of imprisonment (in
al” and therefore irrelevant to this case) is not necessary in
most other cases. However, order to achieve the objective of
while victims and offenders are general deterrence. The arrest
of the accused, his public prose-
often not friends, and are not
cution in court, the fact that he
expected to become friends, the now has a record of conviction
current adversarial system strives for two serious offences under
to keep them apart in ways which the Criminal Code of Canada,
undermine such constructive sen- the fact that he will lose his
tences as Hollinsky’s. Other licence to drive a motor vehicle
for an extended period of time,
restorative justice practices such the fact that as an alternative to
as mediation, sentencing circles imprisonment he will be per-
and family group conferences can forming worthwhile and exten-
humanize the judicial process, sive community service, person-
fostering similar meaningful sen- ally attending as required to
repeatedly send a message of
tences.
public education to other young
persons, serves the need for
There are many people like Kevin general deterrence in this com-
who have committed serious munity in relation to the
crimes where a custodial sentence offences before the Court.”
is not necessary, and indeed
Judge Nosanchuk,
might be ineffective, not only for sentencing
the individual but for addressing Kevin Hollinsky
the real needs of the community.
Creative alternative sentences are
certainly appropriate for less seri-

Satisfying Justice / Church Council on Justice and Corrections 4

 Restorative Resolutions Program Description
Winnipeg, Manitoba
Restorative Resolutions does the
The project is founded on the preparation (after a guilty plea) of
premise that social responsibili- individual case plans which are
ty and accountability are fos- presented to the judge at the time
tered in the community. The of sentencing. These plans pro-
aim of Restorative Resolutions is pose a community-based sentence
to provide selected offenders the in cases that would otherwise
opportunity to re-establish trust most likely receive a prison term
and acceptance with the individ- in the order of a minimum of
uals and community they have nine months.
harmed. At the same time, it
seeks to empower the communi- This innovative feature reduces
ty to respond in an appropriate the likelihood of the project being
and accountable fashion to indi- just another alternative which
viduals with whom they have does not in fact reduce the incar-
become estranged. ceration rate. The criterion of
dealing only with offences which
A Story would result in a minimum nine-
month sentence is intended to
reduce net widening and will be
A 32-year-old man with a lengthy
determined through consultation
youth and adult record relating to
with the Crown’s office. (Net
assault and break and enter is
widening occurs when alterna-
charged with four new counts of
tives are used without reducing
break, enter and theft. The crown
the amount of incarceration also
attorney wants a period of incarcera-
used. See Conclusion for an
tion. Restorative Resolutions, a com-
analysis of how this happens.)
munity-based sentencing project,
prepared an alternative plan recom-
Each plan will include some form
mending: suspended sentence, with
of victim input. Post plea media-
supervision to be carried out by
tion agreements or victim impact
Restorative Resolutions; complete
statements form an important
Interpersonal Communication Skills
part of this project’s reports
Course; complete Addictions
placed before the sentencing
Foundation of Manitoba assessment
court. Restorative Resolutions
and attend AA regularly; complete
believes that crime results in
conditions as outlined in the media-
injuries to victims and the com-
tion agreement; receive literacy train-
munity and solutions to crime
ing.
must deal with the needs of vic-
tims and the community.
This plan was accepted by the judge.

5 Satisfying Justice / Church Council on Justice and Corrections

A community-based plan will An evaluation report has noted
include a detailed social and that 80 per cent of the Manitoba
criminal history of the offender government corrections’ budget
and indicate what actions have is spent on institutions while only
been taken and will be taken to 18 per cent supports community
meet the needs of the client. The programs. The report concludes
plan will propose a specific rec- that at a time of dwindling public
ommendation to the sentencing resources, any additional funds
judge which will enable the for community programs will
offender to accept responsibility occur only if there is a realloca-
for the offending behaviour in the tion of spending away from those
community. In a few cases, a institutional budgets.
judge added a custodial sentence,
albeit a reduced term. Contact:
Yvonne Lesage
Restorative Resolutions, a project Restorative Resolutions
583 Ellice Avenue
of the John Howard Society of
Winnipeg, Manitoba “In Manitoba, as in
Manitoba, is responsible for R3B 1Z7 other jurisdictions, it is
supervising all community-based Tel. (204) 775-1514 generally recognized
plans. It seeks to empower the Fax (204) 775-1670 that many people con-
community to become more tinue to be incarcerated
involved in the criminal justice when responsible and
creative community-
process, including through a A similar program is run by John based alternatives can
strong volunteer base for the pro- Howard Society of Brandon. be made available to the
ject in the community. Volunteers Courts.”
are involved in outreach, super- Contact:
vising clients and participating on Russell Loewen Restorative
John Howard Society of Resolutions project
a community resource board.
Brandon summary.
Restorative Resolutions will
220 - 8th Street
accept referrals from Community Brandon, Manitoba
and Youth Corrections, the R7A 3X3
Crown, the Judiciary, Community Tel. (204) 727-1696
Agencies, and Self Referrals. Fax (204) 728-4344
Restorative Resolutions will con-
sider property related offenses
and crimes of a personal nature
but not sexual assault, family vio-
lence, or drug related offences.

Satisfying Justice / Church Council on Justice and Corrections 6

 Kwanlin Dun All he knew was he was tired of liv-
Community Justice - ing in pain and wanted to start liv-
ing for himself and his two children.
Circle Sentencing He hardly knew his kids because he
Yukon Territory was always drinking and never there
for them. He had tried to quit drink-
This story is about a man whose ing several times over the last two
case was referred to a sentencing years but it never lasted long.
circle. He received a community
sentence rather than three years He started drinking at 14 and alcohol
in prison for several driving and started to get out of hand when he
theft offences. was allowed in bars. His drinking
and criminal behaviour steadily
A Story increased over the years which led to
his incarceration in correctional
John Doe, 42, was charged with sev- institutions for about 10 years.
eral driving offences, possession of Drinking and jail were a good way to
stolen property and various petty never have to deal with life’s reality
offences. Partly because of his and pain. He no longer felt a part of
lengthy record and many prior relat- his community and didn’t know how
ed offences, the Crown office wanted others felt about him.
a sentence of three years.
When he told his mom that he
John heard about circle sentencing planned to apply to go to circle sen-
while he was in jail awaiting trial tencing (which she was already
and thought that this might help him involved in), she was very excited
quit drinking. and went to many meetings with
him.
John made an application to Kwanlin
Dun Community Justice Program by At the first meeting, there was dis-
answering some questions - what cussion about what kind of assistance
kind of steps he has made to become John needed. He agreed to take resi-
sober, steps he would like to make to dential treatment, try hard to stay
continue his sobriety and healing, sober and keep busy with community
and how the community can help work service. It was at this time he
him do this. It was hard for him to realized how many people from his
fill the questionnaire properly family and the community were will-
because he wasn’t quite sure what he ing to support him. He attended
needed or wanted. meetings quite regularly after this
and at these meetings he talked about
how and what he was doing and
what help he needed in his healing.

7 Satisfying Justice / Church Council on Justice and Corrections

Once his criminal charges went to John says the circle gave him the
circle he had many people in the com- opportunity to change and to help
munity supporting him, including him understand and live a good
his family and friends. Most of the healthy lifestyle. What he has
people in the circle spoke about John learned throughout his life and expe-
and how they knew him, what they rience through the circle is what he
knew about him, good and bad. shares today with people he helps in
Everyone that spoke brought a new his community. The volunteer work
perspective to who John really was made him get to know his own peo-
and what his family and peers knew ple, required him to help these people
John was capable of. that in the past he may have indirect-
ly hurt and assist his community as
At the end of the circle, with the a whole.
community behind him, the circle
asked the court if it would give John The Kwanlin Dun Community
another chance. The circle believed, Justice pamphlet provides the fol-
after they heard John speak of how he lowing further information about
so desperately wanted to change, that the circle sentencing process.
John could do exactly what he said he
would do. Circle Sentencing - Its
Beginnings
John was given a three-year suspend-
ed sentence with a very lengthy pro-
In January of 1992, Kwanlin Dun
bationary period. He also was
became more involved with com-
ordered to do 200 community service
munity justice issues. Due to a
hours, take alcohol assessment, coun-
large number of Kwanlin Dun
selling and treatment, lifeskills train-
First Nation cases entering the
ing, upgrade his education and abide
formal justice system, it had
by a curfew from 10:00 p.m. to 7:00
become increasingly evident that
a.m.
many Band members were re-
committing offences with little or
John has been completely sober for
no community support in place
three years. He has been employed
for either offenders or victims. In
with his community in the Justice
response, the Kwanlin Dun First
program as a Justice Community
Nation leadership began a con-
Support Worker. He sits as a mem-
sultation process with justice offi-
ber of the Community Justice
cials to examine alternatives to
Committee and is a well respected
the formal justice system. The
member of his community.
community felt it would be
important to implement alterna-
tives that would focus on healing
and wellness, and the motivation
of the offender to become a
healthy member of the communi-
ty. These alternatives must deal

Satisfying Justice / Church Council on Justice and Corrections 8

 with the problems and not just community-based justice repre-
the symptoms, with the desired sentatives, and community mem-
outcome of a healthier communi- bers.
ty and a reduction in Band mem-
bers in trouble with the law. The Keeper of the Circle wel-
comes participants and explains
The first Kwanlin Dun Territorial the purpose and guidelines of the
Circle Court was held in the Circle (Keepers of the Circle act
Kwanlin Dun Village on March as hosts and facilitators of the cir-
31, 1992. Court proceedings were cle process, appointed by the
held in a circle setting (consisting Community Justice Committee).
of judge, crown, defence counsel, All participants are introduced
court worker, probation worker, and then the charges are read, fol-
alcohol and drug worker, crime lowed by crown and defence
“To fit the sentence to
the circumstances not prevention coordinator, family counsel giving opening submis-
only of the offence and members, elders, and community sions. The Keeper of the Circle
offender, but also to the members at large). In one year, then invites community members
needs of the victim and between March 31, 1992 and to speak. This includes submis-
the community, and do March 31, 1993, there were eleven sions from the victim or someone
so within available time
and resources requires scheduled and four special speaking on behalf of the victim.
significant information Kwanlin Dun Circle Courts. The Elders provide knowledge and
and time. The tempta- frequency of community based support within the circle.
tion to impose standard Sentencing Circles has increased Honesty is a very important fac-
sentences must be over- to accommodate the court dock- tor in the Circle. It is essential
come for the sentencing
ets. More recently, to address the that the positive and the negative
process to avoid squan-
dering scarce resources, amount of time needed to process (reality) are discussed so that the
and to be used to its each case and the growing num- needs of the victim and offender
full potential in achiev- ber of community requests for can be met and solutions to the
ing its objectives.” cases to be heard in the circle, underlying conditions of the
Territorial Court Sentencing criminal behaviour are addressed.
Judge Barry Stuart,
Yukon Terrirories Circles are normally scheduled It is understood that the decisions
bi-weekly. that are made in the circle will
affect the community as a whole.
Kwanlin Dun Circle Court
After everyone has had an oppor-
Circle proceedings are conducted tunity to speak, the keeper of the
in the Kwanlin Dun First Nations Circle, Justice of the Peace or the
Potlatch House and all communi- Judge will address the circle to
ty members are encouraged to determine if a consensus has been
attend and participate. Chairs are reached about a sentencing plan.
arranged in a circle, and the Once the circle process is com-
judge, removed of formal gown, pleted, the sentence plan will be
is seated in the circle along with imposed. However, if the offend-
defence and crown counsel, the er has not followed through on
offender, the victim, formal and their action plan and/or met with

9 Satisfying Justice / Church Council on Justice and Corrections

the Justice Steering Committee, Mediation Services
the Circle may send the case Winnipeg, Manitoba
downtown to the formal justice
system for sentencing or the
judge may sentence the offender
A Story
in the Circle, taking their lack of
motivation into consideration. This case was referred to
Mediation Services in Winnipeg,
....There is continued contact with Manitoba by the Public
the victim (and the justice com- Prosecutions Department and
mittee). This may be to advise concerns the stabbing of a 17-
them of the outcome of court, year-old high school student and
and/or continued resources. subsequent charges including
There is ongoing supervision of attempted murder and aggravat-
the offenders to assist them in ed assault.
meeting the conditions of their
probation and or to assist them The young people involved were at a
with the continuation of their party. Most of the persons had been
healing plan. A failure to abide drinking heavily. An argument
by the sentencing plan may cause broke out between several people.
a review in the circle, and in some When the victim left the party, the
cases may involve a breach and accused persons followed him. The
sentencing by the court. victim, Stan, was beaten, and then
stabbed several times with a knife.
N. B. For emerging cautions con- Stan, who was very traumatized by
cerning this approach, see Section the incident, is a quite articulate 17-
Two. year-old attending school and work-
ing part time.
Contact:
Rosemary Couch or Rose The accused included the following:
Wilson Terry, a 14-year-old, charged with
Kwanlin Dun Community attempted murder and possessing a
Justice weapon dangerous to the public
Box 1217
peace; he is in a dating relationship
Whitehorse, Y.T.
Y1A 5A5
with the victim’s sister. Kelly, a 13-
Tel. (403) 667-4803 year-old, charged with common
Fax (403) 668-5057 assault. Larry, a 14-year-old male,
charged with attempted murder;
Debbie, a 19-year-old female, charged
with attempted murder, aggravated
assault, and possessing a weapon
dangerous to the public peace. She is
the single parent of a two-year-old
daughter.

Satisfying Justice / Church Council on Justice and Corrections 10

 Initially, only Terry’s charges were The other youths agreed to partici-
referred by the Crown Attorney. pate in the meeting. Their parents
Stan, along with his mother, agreed were encouraged to be part of the
to meet in a mediation session with process; however, they did not attend
Terry. Stan indicated that he had the meeting.
many unanswered questions about
what had happened. The Mediation

Terry and his mother agreed to par- On the evening of the meeting, the
ticipate in this meeting. However, two mediators were wondering if
Terry arrived alone for the meeting everyone would show up. The lives
indicating that his mother had decid- of these youths were very unstable,
ed not to attend. with little support from their fami-
lies. The chairs were arranged in an
In this initial meeting, Stan indicat- elongated circle, with the mediators
ed that he wanted all of the persons at one end. The three charged youths
involved present so that the unclear arrived without their parents; the 19-
details could be unravelled. Because year-old came with her two-year-old
everyone had been drinking heavily, child. The victim also came alone.
many of the details seemed fuzzy....
The need for accountability of the Stan began. He related events....
persons responsible for hurting him He had been at a party. After some
was very important to him. Terry, quarrelling, a fight broke out.
while being quite noncommittal Everyone started beating up on him.
about his role, agreed to come to a He tried to run away but he was
second meeting. chased down the street and grabbed
by several persons. Events after this
Getting that second meeting together were rather blurred. He remembered
was a challenge. The Crown running home and noticing blood
Attorney was somewhat reluctant to running down his shirt. He could
refer Debbie (the adult) to the pro- not get into his house and he col-
gram because of the severity of her lapsed on the porch. His girlfriend
charge. Because the victim requested discovered him in the early hours of
a mediation with her, the Crown the morning.... He had lost a consid-
agreed to the referral, indicating that erable amount of blood by this time,
a stay of proceedings would not be and was in critical condition. He
entered. had been stabbed four times. He
required 16 sutures, as well as a
... Debbie was an extremely shy, drain tube in his right arm.
withdrawn woman who had very
limited skills in expressing herself.
At times, it was questionable
whether she understood the process.

11 Satisfying Justice / Church Council on Justice and Corrections

Shortly after this incident, his girl- Terry was very quiet. He basically
friend left him. He lost his summer went along with what the others
job because he was unable to work for repeated. He did not verbally express
several weeks. In addition, he had his feelings and did not show
received threats from the accused’s remorse for his involvement.
friends. They were blaming him for
the court proceedings and were Debbie had an extremely difficult
wanting to “get him”. time expressing herself. She met
alone with Stan twice during the
Storytelling for the others was diffi- evening. She cried through most of
cult. One major problem was an the meeting, keeping her head down.
accurate re-telling. Alcohol had been Her communication was limited. At
a major influence in the incident. one point, she said she was very
For some, it was difficult to tell sorry about what had occurred. It
whether it was convenient to “not was a breakthrough in the meeting
remember” or whether they genuine- with Stan. He accepted her regret,
ly could not relate all of the details and both felt relieved that they could
because they were intoxicated. express these feelings. This was par-
ticularly important because Debbie’s
Kelly had a very difficult time speak- friends had been very hostile toward
ing. He asked to speak to Stan alone. Stan and had been harassing him.
He expressed extreme regret for his
involvement. Because he had been The Resolution
present only for part of the event, he
genuinely was unsure as to what had It was clear that Terry, Larry, Kelly,
transpired. He indicated that he and Debbie wanted to resolve this
wanted to do whatever he could to situation with Stan, but really did
resolve things with Stan. not know what to do. Stan indicated
that he had to pay an ambulance bill,
Larry remembered more of the that his clothes had been damaged,
details. He recalled that Stan had and that he had lost wages as a result
got into an argument with a female of this. He felt that they should take
at the party, and had been pushing responsibility for these costs.
her. Several people had seen this and
had wanted to intervene. They The mediators asked all of the parties
began beating him. When Stan left to jot down things that they would
the party, they followed him. They like to see included in an agreement.
grabbed him as he was jumping over From their hesitation, it was clear
a fence. Terry had a knife and that some of them likely had difficul-
stabbed him. Debbie then took the ty with writing skills. (Two of them
knife and stabbed him three more printed their names on the agreement
times. Larry indicated that he had form).
been an observer but he was willing
to take responsibility for his involve-
ment in any way possible.

Satisfying Justice / Church Council on Justice and Corrections 12

 Kelly, who had been only minimally While it was extremely challenging
involved in the incident, suggested to do the casework on this referral,
that they all equally share the costs. this mediation has lingered in the
It was a moving moment. Stan was minds of the mediators as a particu-
very accepting of this offer, and larly significant example of the
everyone agreed. Stan verbalized power of the mediation process in the
that he would know that they were journey towards accountability and
sorry for the incident if they followed restoration of relationships.
through on their commitment to
reimburse him for his bills. Debbie Program Description
also gave assurances that there
would be no further threats to Stan
Mediation Services works in
or his family, and that she would
cooperation with the Crown
convey this to her friends.
Attorney’s Office to provide vic-
tim/offender mediation. A case-
All of the accused had limited finan-
worker will contact the persons
cial means. Debbie was on social
involved to discuss their concerns
assistance. All of them completed the
and to assess whether or not
payments as agreed, with the excep-
mediation is appropriate. If per-
tion of Kelly. He was several months
sons are willing to meet, a media-
late with his payment.
tion session is arranged for a time
convenient for all participants;
In the follow-up discussions with
evening sessions are available. At
Stan, it was evident that the media-
the meeting, trained volunteer
tion had been significant for him.
mediators will help the parties
The payments were a symbolic yet
communicate with each other.
tangible sign that the accused per-
The mediators do not make deci-
sons had taken responsibility for
sions for the parties, but assist
their actions. Stan was receiving
them to work toward a resolution
counselling through his school
that they feel is fair and that
because the event had been extremely
addresses their needs. If an
traumatic for him. Mediation was a
agreement is reached, the terms
part of the healing process for him.
are written down and signed by
everyone. If an agreement is not
The court was notified about the
reached, the case is referred back
results of the mediation. When the
to court.
youths completed their payments, the
charges against them were stayed.
Mediation Services will follow up
Debbie pleaded guilty to a lesser
on agreements to monitor their
charge and received a conditional dis-
completion. Some agreements
charge with two years supervised
include arrangements for coun-
probation. Her sentence was influ-
selling, restitution, or community
enced by her participation in the
service work. When a mediated
mediation.

13 Satisfying Justice / Church Council on Justice and Corrections

agreement is completed, a recom- The Network: Interaction
mendation is made that the crimi- for Conflict Resolution
Conrad Grebel College
nal charges not proceed further in
Waterloo, Ontario
court. In post-plea cases, the N2L 3G6
mediated agreement is taken into Tel. (519) 885-0880
consideration at the time of sen- Fax: (519) 885-0806
tencing.

There are many benefits to media-

tion. Mediation is a process which
Community Holistic
allows for direct and personal
accountability for actions which Circle Healing Program -
have resulted in a criminal charge. Hollow Water First Nation
The victim has the opportunity to
express his/her views directly to This program demonstrates how
the offender. The victim has the an entire community chose alter-
opportunity to obtain realistic native ways to deal with perva-
compensation for losses incurred sive physical and sexual abuse
as a result of the incident. in their midst. This man
Offenders have the opportunity to charged with sexual assault
learn about the consequences of would have been facing a jail
their actions, to apologize, express term otherwise.
regrets, and make amends directly
to the victim. Mediation provides A Story
the offender with an opportunity
to participate in a process through A 62-year-old male is charged with
which the stigma of a criminal sexual assault on an eleven-year-old
record can be avoided. Mediation female in December, 1988. He has
contributes to the peace of the no prior history of criminal activity.
community by assisting persons to
reach resolutions that address the The victim had disclosed in
cause of the conflict. November and has had difficulty
dealing with family members since
Contact: the disclosure was made. The vic-
Greg Barrett timizer is viewed by the family as a
Mediation Services
grandfather figure. As the victimizer
583 Ellice Avenue, 3rd Floor
Winnipeg, Manitoba was recently widowed, the victim
R3B 1Z7 had been helping out with house-
Tel. (204) 774-2469 cleaning and had on occasion stayed
Fax (204) 772-4776 overnight prior to disclosure.
Workers note that the victim was a
For more information about vic- fairly good student with lots of
tim/offender reconciliation or friends prior to the incident and now
mediation programs in Canada, she has dropped out of school and is
contact: “a loner”. She attended Self
Awareness Training in February

Satisfying Justice / Church Council on Justice and Corrections 14

 1990 and decided to repeat the train- We recognize that he has taken steps
ing in March, 1990. She is receiving toward his healing. He is beginning
individual counselling and attends to understand and accept the wrong
youth and women’s counselling that he did. He accepts and believes
group sessions. that this community approach is cru-
cial to his healing.
The victimizer was born in Hollow
Water and has always resided there. We believe that the victimizer needs
He attended school in Hollow Water intensive help from the community
until grade four and then started as well as outside professional
working cutting pulp with his father. resources. He has great difficulty
He also worked fighting fires, trap- getting in touch with his feelings and
ping, ice fishing and as a janitor he has little appreciation of the issue
until he retired three years ago. He of victimization and the long term
was married for 36 years and was effects.
widowed in 1986. He has an adopted
son who is now 22 years old. As a He has been cooperative and is com-
result of contact with his worker, he mitted to his own personal healing.
started attending weekly Victimizer We believe that he is at the beginning
Group Therapy sessions and attend- stages of his own healing. We are
ed a sharing circle session with the convinced that he will come to recog-
Assessment Team. nize that his healing is a lifetime
process.
The purpose of the circle session was
to allow Team members the opportu- As a result of this assessment, the
nity to hear his account of the inci- Team recommended to the court that
dent and to provide information to he be placed on probation for the
assist the group in making a full maximum time possible. Conditions
assessment of where the victimizer of probation included:
was in terms of his own healing.
• That he comply with Community
The Team make the following assess- Holistic Circle Healing requirements,
ment. We believe the victimizer is specifically;
sincere in his desire to take responsi- • that he complete the steps of the
bility for what he has done. healing process;
However, we do not believe that he is • that he participate in self-
in fact taking full responsibility. awareness training, individual
and family therapy sessions,
weekly Victimizers’ Circle ses-
sions, sharing circles and work-
shops on sexual abuse;

15 Satisfying Justice / Church Council on Justice and Corrections

 • that he undergo a psychological people becoming involved in
assessment immediately, and dealing with sexual offenders
that he undergo a further psy- after that community decided
chological assessment within that the criminal justice system
two months prior to the expiry was not working.
of the period of supervised pro-
bation; “They (the community) took it
• that he be required to perform a upon themselves to establish a
substantial amount of commu- program that brings together the
nity work, volunteering to victim, the offender, the commu-
Hollow Water Home and nity and the justice system in a
Public Works Maintenance way that causes us in the justice
Program, Wanipigow School system to do things differently
Maintenance Program, and than we have always done with
Hollow Water Volunteer Fire those kinds of offenders in those
Department; kinds of circumstances,” com-
• that contact between (victimiz- mented Judge Sinclair, an
er) and (victim) be subject to Ojibway who was co-chair of the
the control and regulation of Manitoba Aboriginal Justice
the Assessment Team and that Inquiry.
he not be allowed on the same
premises as the victim; Sexual offenders who plead
• that he do upgrading and voca- guilty are placed on three years
tional training. probation. Specially trained com-
munity members employ an
The victimizer is presently on proba- intensive, holistic approach to
tion and is respecting the various heal the victimizer, the victim and
conditions as required. The victim their families. The result has
has recently returned to school and is been a reported dramatic reduc-
progressing well. tion in rates of recidivism.

The Program The process is guided by the

Thirteen Steps which represent a
capsulation of the process victim-
Hollow Water is an Ojibway com-
izers, victims and their respective
munity of 600 people located on
families undergo. Briefly, the
Lake Winnipeg, two hundred
Thirteen Steps are as follows:
kilometres north of Winnipeg.
Community leaders estimate that
Step 1: Disclosure
75 per cent of the population are
Step 2: Protecting the
victims of sexual abuse, and 35
Victim/Child
per cent are “victimizers”.
Step 3: Confronting the
Manitoba Associate Chief Judge
Victimizer
Murray Sinclair has hailed the
Step 4: Assisting the Spouse
Hollow Water First Nation as an
“outstanding example” of local

Satisfying Justice / Church Council on Justice and Corrections 16

 Step 5: Assisting the Mike from Rosemary,
Family(ies)/The Alberta - A Community
Community
Step 6: Meeting of Assessment
Takes On the Justice
Team/RCMP/Crown System
Step 7: Victimizer Must Admit
and Accept This story concerns a hostage
Responsibility taking at gun point for which
Step 8: Preparation of the the person responsible was fac-
Victimizer ing the prospect of 10 to 12 years
Step 9: Preparation of the Victim in prison.
Step 10: Preparation of All the
Families ...Flashback to January 17, 1993.
Step 11: The Special Gathering Rosemary farmer Richard Wiens and
Step 12: The Healing Contract Peter Plett of nearby Gem woke up to
Implemented a startling story on the radio detail-
Step 13: The Cleansing Ceremony ing a crime that had happened the
night before in Brooks. A young
Contact: man had taken some family members
Community Holistic hostage, forced them into his truck,
Circle Healing Program and ended up at the Brooks Hospital
Hollow Water First Nation carrying an automatic weapon and
Box 2561
looking for his wife.
Wanipigow, Manitoba
R0E 2E0
Tel. (204) 363-7278 Medical staff had been held hostage
until an RCMP officer had managed
to talk the perpetrator into giving
himself up. Automatic weapons,
attempted kidnapping, assault...this
wasn’t the kind of thing that hap-
pened in a sleepy Alberta town.

Then the bomb really dropped: a

young man named Michael Gallup
was in custody for the crime.

“Michael was on my school bus.”

says Peter. “I couldn’t believe it.”

...Mike himself shudders now at the

folly of that horrible night. Too many
drinks at a bonspiel party, a fight
with his wife, pent up anger from an
unresolved family issue, more drinks,
and the crime spree was on.

17 Satisfying Justice / Church Council on Justice and Corrections

...But the story here is not of a good The fact that both the meeting and
kid gone bad or a young man lost in the letter were initiated locally is a
the prison system. Unfortunately crucial part of the story, according to
there are enough of those to make Heidebrecht. “This wasn’t a case of
Mike’s case relatively commonplace. MCC or any other agency parachut-
ing into town to tell people what to
“The real story here,” says Darrel do. The criminal justice world does-
Heidebrecht, director of Mennonite n’t need another program.”
Central Committee (MCC) Alberta’s
Community Justice Ministries, “is “It needs people like Peter and
the story of community involvement Richard and all the others who
and a different approach to justice. signed the letter who are willing to
It’s the story of a more biblical, implement a new vision.”
restorative way of doing justice.”
...”What we hadn’t counted on was
...With support from Heidebrecht at such an aggressive prosecutor,” adds
MCC, a community meeting was Peter. “Here was a first offender, a
called to learn as much as possible young kid who could have been any-
about the crime and the sentencing one’s son...
procedure.
“But there was no room for forgive-
“We felt our role was to ask the court ness or leniency in the crown prose-
for leniency,” says Richard. “It cutor’s vocabulary. He asked for the
would have been foolish to ask for a harshest penalty he could, ostensibly
dismissal - after all, Mike was guilty. on behalf of the interests of ‘the peo-
But we wanted the judge to know ple’.
that we, his community, felt the best
possible option for Mike was to come Yet we were ‘the people’ trying to say
home from jail as soon as possible.” that locking him up for years and
years in a federal penitentiary was
Within a few days, more than 80 per- not the answer.”
sons from all walks of life had signed
a letter to the judge describing the Mike’s own testimony and the
community’s response. unusual support of the community
had a strong impact on the judge.
The meeting also gave Mike’s mother, Instead of the maximum ten to
Allison, and his wife, Carla, a chance twelve years he sentenced Mike to
to speak forthrightly with the com- five and a half years. His first parole
munity. Rumours had engulfed the eligibility hearing comes up this July.
already-sensational story like a
prairie brush fire and here was the “It’s critical now, until parole
opportunity to tell their story and becomes a reality,” says Heidebrecht,
acknowledge the pain that Mike had “that Mike retains connections with
caused. his home community. If he doesn’t,
there’s another community waiting
to embrace him.”

Satisfying Justice / Church Council on Justice and Corrections 18

 ...Even Mike’s prison psychiatrist victim assistance, mediation, pri-
has stated that prison holds no more soner visitation, public education,
purpose for him. The punitive “les- transportation services for priso-
son” of incarceration was learned for ner’s families and a community
Mike in the first six or seven weeks. chaplaincy.
Any longer in prison will just push
him further into the criminal culture. Their Victim-Offender
Mediation Project diverts offend-
...”There’s nothing very complicated ers with minor property and
or revolutionary here. It’s just a assault charges away from tradi-
matter of living out who we say we tional sentencing into a mediation
are.” program. This program brings
together the parties involved in
(Excerpted from A community takes on an offence and, with the assis-
“This wasn’t a case of the justice system by Doris Daley,
MCC or any other tance of trained mediators,
Mennonite Reporter, May 16, 1994)
agency parachuting attempts to bring resolution to
into town to tell people the problem through agreements
what to do. The crimi- Mike is now on full parole back
involving apology, restitution or
nal justice world does- in his home community where he
other compensation.
n’t need another pro- has since participated in a medi-
gram.” ated meeting with one of his vic-
“Mediation humanizes the
tims which proved to be a very
“It needs people like crime,” says Heidebrecht. “It
Peter and Richard and significant step in his and the vic-
allows people to, in a sense, cre-
all the others who tim’s healing.
ate their own solutions.”
signed the letter who
are willing to imple- A Community in Action
ment a new vision.” While mediation is often used
instead of incarceration, it can
Darrel Heidebrecht, The community initiative also be used in conjunction with
MCC Alberta described in this story was the or following imprisonment to
Community Justice result of caring individuals who address the many needs of the
Ministries believed that jail was not the best victim, the offender, their families
solution to the criminal behaviour and the surrounding community
that had taken place. They were to which a prison sentence does
supported in their vision and not attend.
goals by Community Justice
Initiatives (CJI), a program of Contact:
Mennonite Central Committee Darrel Heidebrecht
Alberta. Community Justice Ministries
76 Skyline Cres. N.E.
Calgary, Alberta
Community Justice Initiatives,
T2K 5X7
operating throughout Alberta
Tel. (403) 275-6935
from offices in Calgary and Fax: (403) 275-3711
Edmonton, offers a number of
programs and services including

19 Satisfying Justice / Church Council on Justice and Corrections

Pro-Services Besides conflict resolution, the
Québec City, Québec program includes:

• a significant sensitization
component which helps busi-
Pro-Services is a Québec City
ness people, service providers
project that has created a commu-
and community members see
nity partnership to repair the
the benefits of dealing with
harm caused by crime and pre-
minor property crimes in a
vent its reoccurrence. It is begin-
community-based problem-
ning with youth and property
solving way;
crime, but plans to develop
neighbourhood-based councils
• situational crime prevention
that can eventually serve to
in the form of “courtesy” offi-
divert many types of crime, deal
cers who are trained and paid
with them locally and avoid
by the corporate employers to
incarceration as much as possible.
“pre-empt” crime by youth in
For example, when a crime hap-
stores and other businesses;
pens, Pro-Services provides con-
flict resolution and reparation to
• a proactively developed net-
divert the offences from the crim-
work of community support
inal justice system and to attend
for youth involving one adult
to the factors which contributed
and one youth volunteer for
to the crime. The project brings
every 20 homes in a neigh-
together young people, the vic-
bourhood. This network pro-
tims of crime, their respective
vides information, support
families, neighbours and other
and discussion groups to help
affected members of the commu-
community members share in
nity to find lasting solutions to
the responsibility for crime
the problem of crime. The project
prevention.
came about with a significant
funding base from the corporate
Contact:
sector, because the business com-
Luc Landry, Adrien Pichette
munity has been educated to real- Centre de service
ize that the systemic impediments communautaire Justice et Foi
of the punitive adversarial crimi- 369 St - Jean
nal justice system do not serve Québec, Québec
the justice, crime prevention, G1R 1N8
Tél. (418) 529-2727
public relations or economic busi-
ness interests of the corporate
world.

Satisfying Justice / Church Council on Justice and Corrections 20

 Atoskata - Victim Program Description
Compensation Project for
Youth Rising auto thefts in Regina cap-
tured the attention of the public
Regina, Saskatchewan and prompted the police and
“ A criminal justice judiciary to respond initially in a
system cannot succeed Atoskata, a Cree phrase meaning punitive manner that they felt
in isolation. It cannot “work at it”, is the name given
alone make a society would deter further incidents.
to the Victim Compensation Closed custody sentences became
safe. It’s incapable of
doing that because it Project run out of the Regina an increasingly used option for
deals with effects and Friendship Centre. offending youths, with the length
not with causes. By the of sentence rising by approxi-
time the justice system A Story mately two months in each of the
becomes engaged, peo-
ple are in trouble. The last few years.
harm has been done A Regina teen was given 18 months
and charges have been probation instead of the expected Saskatchewan uses the option of
laid. prison term for stealing a car and custody as a response to youth
leading police on a high-speed chase. crime considerably more than the
Some people assume A year earlier, the same youth
that we can make national average or some other
things better, make the received 18 months probation and countries. Figures from 1979 to
streets safer just by 100 hours of community service for 1994 show that the province takes
chalking up the penal- six car thefts. The new offence might 1,712 youths into custody per
ties, but that is not have led to a term of custody, espe- every 100,000 compared to a
going to solve the prob- cially in a community which has national average of approximate-
lem alone. Just throw-
seen a huge increase in auto thefts ly 1,000. In the United States it is
ing more kids in jail is
not the only answer. which have resulted in public pres- 724.
That will not improve sure to jail teen criminals.
public safety. Mr. Concerns about the rising use of
Chairman, let’s do the But the judge rejected a custodial custody resulted in the
hard work and make sentence, citing the different
the tough choices and Saskatchewan Department of
get it right, because by approach of the Atoskata Program. Social Services exploring commu-
itself more law or even The program, set up especially to nity alternatives to custody that
better law will never be deal with young car thieves, finds would respond to public and
the complete answer. businesses that will pay the accused judicial system concerns. The
In the long run the for his community service. The idea was to develop sentencing
surest protection is in
accused can then pay the victim’s options which provide restorative
crime prevention.”
insurance or other repair costs with justice programs for youths.
Justice Minister the money he earns.
Allan Rock As a result, a number of human
Nov. 20, 1995 The boy’s parents agreed with the service agencies joined together
sentence, saying their son has turned to develop a pilot project where
his life around since his latest arrest. convicted youths could earn
“We want to keep him at home and money or provide personal ser-
we agree that he should do some vices that would compensate vic-
work for the community,” said the tims for some costs they incurred.
boy’s father.

21 Satisfying Justice / Church Council on Justice and Corrections

The goals of the project were to: Mediation for Reparation
provide an opportunity for youth in cases of serious crime
involved in the theft of vehicles
to make some suitable compensa-
Leuven, Belgium
tion, through generating earnings
for restitution or through person- A current project in Belgium
using mediation between victims “Both parties involved
al service, to victims of their in mediation experience
crimes; provide an opportunity and offenders for serious crimes
a different type of ‘jus-
for youth to experience mentor- hopes to demonstrate that a tice’ than they expect-
ing relationships with aboriginal restorative or reparative approach ed. They feel much
elders as a form of traditional is workable within the very core more related to this
of the criminal justice system. way of intervention
healing and learning relevant to and get the feeling that
offending behaviour; demonstrate Mediation for Reparation deals
they themselves are cre-
that effective youth justice exclusively with adult offenders ating ‘justice’ instead
responses can be delivered and will concentrate on recidi- of passively undergoing
through community partnerships. vists. ‘justice’. In such an
approach, both sides
All types of crimes are eligible for feel more responsible
While the program has social and and put aside tradition-
educational elements, it is pri- mediation although there has
al stereotypes in their
marily a work program for been reluctance to accept intra- way of thinking.... The
youths who want to work. The family violence. A preliminary destruction of ‘myths’
designated population is court study of 30 cases actually referred seems to be one of the
found agreements were reached most important effects
ordered youths, 12 to 17 years of of the mediation
age, convicted for theft of vehi- in half of the 20 cases which are
process.... the tradi-
cles. The maximum number of finished. “They represent a cer- tional criminal justice
youths receiving direct supervi- tain seriousness of crime but are process will support the
sion in the program is twelve. certainly not the most serious or myths about the sus-
violent crimes”, the report con- pected criminal since
cluded. Mediated cases included the available informa-
Contact: tion is selected only to
Denis Losie many offences where victims
serve prosecution and
Youth Service Program were hospitalized or otherwise sentencing. Mediation,
Director incapacitated to work, theft and a on the contrary, focuses
Department of Social few cases of rape and sexual vio- on another type of
Services information in bring-
lence. The early findings show
3rd floor ing the conflicting par-
victims slightly more in favour of
2045 Broad St. ties nearer to an agree-
Regina, Saskatchewan mediation than the offender.
ment.”
Tel. (306) 787-3695 Generally, the victims do not pre-
Fax (306) 787-4940 fer a prison sentence. Instead, Tony Peters and Ivo
they care very much about stop- Aertsen, Mediation
ping the offender from commit- for Reparation
ting further crime.

Satisfying Justice / Church Council on Justice and Corrections 22

 The prosecutor must already He stresses the provocative
have decided to prosecute on the attitude of the victim or his
basis of the seriousness of the higher socio-economic status.
crime and/or the previous crimi- The victim is seen as a person
nal record of the suspect. The fact who wants to exploit the
that the case will be heard by a offender. Offenders try to
judge has the advantage that anticipate the future judicial
there will be the time needed for decision in two ways: on the
a process of mediation and for one hand, some will complain
eventually drawing up a written about the fact that they will
contract between the partners, as not get a real chance or
well as for its implementation opportunity; on the other
and evaluation. hand, some do understand
that collaboration serves their
The action research project is own interests very much. The
being carried out by the fact that the mediator as well
University Victimology Research as the victim are prepared to
Team in conjunction with the listen and to take into account
chief prosecutor’s office. the offender’s personal back-
Together they select the particular ground has a stimulating
cases for mediation. The prosecu- effect and may result in a
tor invites both the offender and process of showing more sin-
the victim to meet the mediator cerity and readiness by doing
and to collaborate voluntarily to something for his victim.”
search for a solution to their
problem. We quote from the As part of the project, a local
project’s preliminary findings: social welfare organization offers
offender and victim assistance
“One recognizes, more than through separate teams. Its role
was expected, the situation of in the project is of essential
the opposite party. This does importance in cases when one, or
not exclude the fact that some possibly both parties, are in need
victims stick to a rather hard of particular and/or longer last-
and retributive attitude, until ing assistance. The project has
the signing of the contract. already discovered that this type
The offender shows initially of mediation is labour-intensive,
an uninterested, minimizing, the process taking between two
hesitating or defensive atti- and three months with many pre-
tude. The fact that he knows liminary and separate meetings
that he will be prosecuted and with the two sides.
will have to appear in court
increases his suspicion against
mediation. The offender, like
the victim on the other side,
cultivates a lot of stereotypes.

23 Satisfying Justice / Church Council on Justice and Corrections

The project wants to reshape how Community Response to
society and its formal institutions Crime - A More Creative GOVERNOR TURNS
respond to crime - away from the DOWN MONEY FROM
exclusive bi-polar “state against
Use of Probation
PRISON-ALTERNATIVES
the delinquent” notion to the tri- Minnesota GROUP
angular structure of offender, vic-
The Community Response to Arizona Gov. Fife Symington
tim and community. Mediation is
has turned down free money
encouraged to overcome “the sys- Crime program got started in
offered by a New York City
tematic neglect of restitution response to the concern that tra- foundation that advocated
within the administration of crim- ditional probation services were alternatives to prison, saying
inal justice”. not as effective as desired in he wants no part of keeping
reducing the offender’s future lawbreakers at large.

Mediation for Reparation tries to criminal behaviour. While the

In the March letter,
establish as fast as possible a rela- client’s involvement in crime was
Symington said he won’t “be
tionship between the offender suppressed while under supervi- involved in efforts to leave
and the victim. The main goal is sion, it often resumed when the greater numbers of... crimi-
to stimulate each of them to take supervision period ended. “The nals at large in Arizona com-
goal of the Community Response munities, except to resist
an active part in the search for the
strenuously all such efforts.”
development of a solution. The to Crime Program was to move
mediator gradually passes the ini- offenders from a position of cul- The $485 million Edna
tiative to both parties. Finally, the pability in the community to one McConnell Clark Foundation,
offender and the victim have to where they are gradually wel- a private group named for a
be convinced of the fact that they comed back and rewarded by the late heir to the Avon toiletries
fortune, favours options such
are the creators of a justice solu- community for their positive
as home arrest and intensive
tion. efforts. By utilizing community
probation to prison.
resources in a closer and more
Contact: personal way with offenders, it is The group has given millions
Tony Peters or Ivo Aertsen hoped that several of the commu- of dollars for prison-reform
Katholiche Universiteil Leuven nity’s previously held beliefs will programs in Alabama,
Faculteit Rechtsgeleerdheid Delaware and Pennsylvania.
be challenged. Eventually, they
Afdellng Strafrecht,
might see crime and its resolution More than 20 Arizona judges,
Strafvordering en
Criminologie
as a community responsibility as lawmakers and other law
Hooverplein 10 opposed to one wherein other enforcement officials who
B-3000 entities, including the state, cor- took part in a two-day retreat
Leuven, Belgium rections or the courts are expect- in Mesa ending June 9 said
they want the governor to
ed to ‘fix it’ for them.”
reconsider his decision.

The program is a model of super- “It doesn’t take a rocket sci-

vision that augments traditional entist to figure out that we
probation where individuals that need to start doing some dif-
ferent things and expanding
represent the community at large
our thinking,” said Judge
are brought together in an inter- Ronald Reinstein, presiding
vention process with offenders to criminal judge in Maricopa
hold them accountable for their County Superior Court.
behaviour. Prior to a plea bargain
being finalized, offenders are

Satisfying Justice / Church Council on Justice and Corrections 24

 screened by a probation officer mediation . What was initially a
for participation in the program. confrontational situation in the
Offenders who agree to enter into intervention session is turned into
the program will have a portion one where both the offender and
of their jail sentence reduced. the community unite in trying to
The program is too new to evalu- work toward a positive resolu-
ate but initial reports point to tion. This involves stringent con-
about half of the offenders having ditions of probation for the
the jail portion of their sentence offender as well as following the
eliminated; some judges are recommendations of the commu-
reluctant to do away with the nity members at the intervention
custodial term completely meeting. The offender reports to
although that is the goal of the the community committee to doc-
project. Within 30 days from sen- ument efforts to succeed. The
tencing, the offender meets with intervention process gives com-
the panel, which includes repre- munity members the opportunity
sentatives from churches, ex- to vent their frustrations about
offenders, human services the criminal behaviour and to
providers, culturally specific unite to improve the offender’s
interests, private citizens, educa- life and, thereby, their communi-
tion officials, law enforcement, ty.
business people, victims groups,
offender’s family members and This model is designed to offer
government officials. Other ses- incentives to offenders who are
sion are held at 60 days, 120 days satisfactorily progressing in their
and one year after sentencing. adjustment to probation, includ-
Offenders then undergo a gradu- ing a reduction in the amount of
ation ceremony and are placed on initial jail time that they would
unsupervised probation an addi- normally have received through a
tional two years. conditional suspension of jail
time. If the offender fails to satis-
Before the first meeting, panel factorily complete the program, a
members and the offender are report is forwarded to the Court
given training in the area of recommending that probation be
restorative justice and there is a revoked and that the conditional-
trained interventionist present to ly suspended jail sentence be exe-
guide the process. The interven- cuted.
tion process is used to “over-
whelm offenders” with informa- The good news about this
tion relative to how their crimi- approach is that it is quite similar
nal conduct has negatively to the successful “reintegrative
impacted the community. Prior shaming model” of “family group
to this intervention, the offend- conferencing” and “circles” (see
er’s direct victim is invited to Section Two) which holds offend-
participate in victim/offender ers accountable and then wel-

25 Satisfying Justice / Church Council on Justice and Corrections

comes them back to the commu- Post-Conviction
nity, involving the victim and Mediation Program
public in the process. It reduces
incarceration and educates the
Reduces Sentences,
community on a number of long- Oklahoma
standing issues, beliefs and
stereotypes facing corrections. This program is a combination
of mediation and intensive
The bad news is that it does not supervision, with the innovative
question the premise of the neces- feature that the mediated agree-
sity of a jail term at all for this ment may lead to a reduction in
group of offenders. It could the initial jail sentence.
result in net-widening and people
ending up in jail for failing the A Story
program who would never have
been there if it were not for the The offender, Philip (not his real
program. name), was convicted of embezzle-
ment. This was his second such con-
Contact: viction. Philip stated that he needed
Lyn Schroeder the money to support his growing
Department of Corrections
family and that he never seemed to be
P.O. Box 397
able to save any part of his income or
Bemidji, Minnesota 56619
Tel. (218) 755-4092 to live within his income. He was
Fax (218) 755-4186 ordered to pay approximately
$15,000 total in restitution and jail
time was suspended. Due to family
and work problems plus an unrealis-
tic payment schedule that was
ordered by the court, Philip was
unable to make his payments and his
sentence was revoked. He was sen-
tenced to four years of incarceration
and one additional year of probation.

Through mediation while he was in

prison, Philip and a representative of
the corporate victim agreed on a pay-
ment schedule that was sensitive to
the victim’s needs but also within the
offender’s ability to pay. In addition,
Philip voluntarily agreed to attend
Consumer Credit Counselling to learn
to manage and budget his money.
Moreover, he agreed to do 8 hours a
week in community service for six
weeks.

Satisfying Justice / Church Council on Justice and Corrections 26

 Although the victim wished the The Department does not auto-
offender to be released from incarcer- matically exclude any type of
ation as soon as possible, the case for mediation. The most
Department recommended the sen- important consideration is
tence be modified to five months whether both parties are willing
incarceration and the remaining four to mediate. Consequently, cases
years to be under Intensive have ranged from property
Supervision. The victim also offences to homicide.
expressed interest in allowing Philip
to work off part of the restitution at The mediation process encour-
the victim’s place of business (offend- ages and facilitates the sharing of
er is a carpenter by trade) and this the victim’s feelings about the
proposal will be evaluated after a criminal incident and its impact
year, provided Philip has kept the while emphasizing offender
other provisions of the Agreement. accountability and responsibility.
Mediation agreements generally
Program Description address: length of incarceration/
supervision, community service,
The Oklahoma Department of rehabilitative programs for either
Corrections’ Victim/Offender person, and restitution for the
Mediation Program began in victim. For instance, agreements
1984. The first referrals to the have included terms for restitu-
program were a result of tion, treatment, giving the offend-
Oklahoma’s Judicial Review er employment, repairs to proper-
statute. This law allows the sen- ty, supervised visitations, educa-
tencing judge to modify an tion, and other terms which the
offender’s sentence within 120 parties believe would meet their
days of the sentencing date if an needs.
offender has not been incarcerat-
ed within the last ten years. The agreement, including any
recommendations for a reduction
Mediation hearings are conduct- in the length of incarceration, is
ed by the Department of considered by the judge in modi-
Corrections in order to recom- fying the sentence originally
mend sentence modifications or imposed.
as part of a case pre-sentence
investigation to propose an
appropriate sentence.

27 Satisfying Justice / Church Council on Justice and Corrections

The Department of Corrections Family Group
provides in-depth training to staff Conferences - Doing
and volunteers across the state on
conducting victim interviews and
What Prisons Fail to Do
holding mediation sessions.
Experience has shown that The following account of a
approximately 95% of mediated remarkable family group confer-
hearings result in agreements that ence is included in Section One
are satisfactory to the victim. In even though it did not avoid or
fact, often both parties emerge significantly reduce the use of
from the experience with an custody. However, we felt the
improved satisfaction with the story merited telling in this sec-
criminal justice system. tion primarily because it illus-
Offenders who have been mediat- trates the extraordinary potential
ed are reportedly “model” proba- of this process for reparation
tioners while under supervision. and healing in a community. It
Less than 8% of offenders who is a reminder that even when the
have been mediated failed to court has dealt with a crime,
carry out their mediated agree- there is great potential for fami-
ment or were involved in any ly conferences to address the
new crimes. many unmet needs of victim,
offender and the community.
Contact: This family conference in
Mike Oakley Philadelphia did just that in dra-
Oklahoma Department of matic fashion following an inci-
Corrections dent which involved two 17-
3400 Martin Luther King Ave. year-old Asian youths who had
Oklahoma City, Oklahoma
fire bombed a house in which
73136
Tel. (405) 425-2666
four victims were trapped on the
Fax (405) 425-2680 first floor and had to jump out
to survive. They had been sen-
tenced to a minimum of two
years detention. The following
story demonstrates both the
potential of the conferences in
community and correctional set-
tings as well as the inescapable
conclusion that a prison sen-
tence fails to provide satisfying
justice.

The Story - New Hope for

Fire Bomb Victims

On a recent trip to Philadelphia

(USA), Terry O’Connell of

Satisfying Justice / Church Council on Justice and Corrections 28

 Australia was asked by a psy- harder than managing the victims
chologist to consider running a and offenders. They continually
family conference for a serious told me about their concern for
matter which had already been the victims, but I suspected it was
finalized at the court. Terry, with about not wanting to be responsi-
four other Australians involved in ble if something were to go
training police and teachers in wrong. I was continually told
family conferencing (see Section that the victims would not want
Two), agreed. to be involved. Reason given -
too traumatised or it had only
“When I understood how serious been three months since the inci-
and complicated the matter was” dent, and they needed more time
says O’Connell, “I realized that it to recover. Of course, no one was
presented a great opportunity to able to tell me what was an
demonstrate how powerful the appropriate amount of time.”
conference process was even with
the worst case scenario. Of course O’Connell finally got access to the
I agreed to coordinate the confer- victims and met them in their
ence”. The incident involved two rented home for about 90 min-
17-year-old Asian male offenders utes. “I have not experienced a
who had fire bombed a house, in more pitiful sight” recalled
which four victims were trapped O’Connell, “meeting a family that
on the first floor, and had to jump was so highly regarded, which
out to survive. The house and contained two champion basket-
contents were completely ball players, and the local region-
destroyed and one of the victims al basketball coach, who had
(the mother) broke her back in completely lost it as a result of
the fall. The precipitating event the trauma from the crime. Both
was the allegation that one of the boys were constantly frightened,
victims had directed some racial had hardly slept since the inci-
slurs at the offenders. The matter dent, had completely lost interest
was heard at the local county in school and basketball. Their
court, where an attempt to have mother, who was clad in a large
the offenders “certified” (so they brace, needed a steel walking
would be tried as adults) was not frame to get around. The father
successful. The offenders were cried constantly and had gone
sentenced to a minimum of two from being a very popular outgo-
years detention. ing teacher to a stage “where
nothing really mattered any
“The hardest challenge I faced” more”. They agreed to partici-
said O’Connell, “was navigating pate although they had some
the bureaucratic hurdles. reservations.”
Negotiating with the probation
personnel, victim support people,
the police, the lawyers was far

29 Satisfying Justice / Church Council on Justice and Corrections

After negotiating in the local approached O’Connell after the
prison with the two offenders and conference and reflected on how
their families, O’Connell held a powerful the process was. “It was
family group conference in the his comment” said O’Connell,
county hall (above the police sta- “that convinced me about the
tion) on a Sunday afternoon. The need to provide similar opportuni-
conference lasted three hours and ties for all serious criminal mat-
involved 30 participants (which ters. He expressed the view that
comprised victims, offenders, fam- this intervention had the potential
ilies, friends and neighbours). In to minimize the impact that Post
describing the conference as the Traumatic Stress Disorder (PTSD)
most emotional conference he had was likely to have on the victims”.
co-ordinated, O’Connell said:
“Listening to the anguish of the (This article first appeared in Real Justice
Forum, a family group conferencing
victims for about 90 minutes was
newsletter published by Real Justice,
extremely difficult for everyone. Pipersville, Pennsylvania. For contact
This had a significant impact on information, see Section Two on family
the offenders and others. group conferencing).
However, by the end of the confer-
ence there was a complete trans- Another Conference which
formation in the victims’ emotion- repaired harm: A Serious Assault
al states and general outlook. It Case
was an amazing experience to see
the two young victims smiling Another example of a post-adjudi-
and hugging people, where two catory conference which satisfied
hours earlier they virtually could many of the unmet needs of
not look at anyone.” everyone affected by a crime fol-
lowed a serious assault in
The conference was an outstand- Pennsylvania. Four youths had
ing success as it gave the victims beaten a boy, causing severe head
the opportunity to address some trauma with possible permanent
of their emotional needs. The vic- damage. They were in a custodial
tims felt the conference gave them placement of several months but,
some hope for the future, some- before they were released, it was
thing that the court had failed to recommended they attend a con-
provide. As for the offenders, it ference to provide healing and clo-
gave them and their families an sure. The court consented and the
insight and an opportunity to conference outcome was dramatic;
rebuild some trust between them- the offenders realized for the first
selves and the broader communi- time the extent of the harm they
ty. had done. The conference ended
with the victim and his parents
The conference was observed by a forgiving the offenders for what
number of mental health profes- happened.
sionals. One, a psychiatrist,

Satisfying Justice / Church Council on Justice and Corrections 30

 Circles of Support and We had decided before he came out to
Accountability for build a small “Circle of Support” for
Sam because he did not have family
Released Sex Offenders - around him. We helped him to find
One Community’s Story an apartment, and furniture and to
make friends.
A Story
(as told by Harry Nigh) Should we invite Sam to join our
church community? Already, I had
This past June, an old friend came been on the front page with Sam, but
out of prison after seven years and he what about our community?
came to live in our town.
The church met twice and unani-
A lot of the people in our community mously agreed to invite Sam to be
wanted him to stay in prison. part of us, and established some
guidelines.
When the police released information
about his release, our local paper Every one had a chance to speak, and
made Sam front page news. (Sam is the one voice I remember from a
not his real name). The school board woman struggling on welfare was,
gave copies of the story to every “Where would we be if Jesus hadn’t
school kid in the region. Our nine- accepted us? How can we not wel-
year-old got his picture in school, come Sam?”
and recognized my friend and blurt-
ed out, “I know him - he was at our One Sunday night, shortly after Sam
place for supper last night.” arrived, in the face of the media
attention and under the gaze of the
Somebody leaked to the press the police, about two dozen people from
name of the street that Sam lived on, the community went over to Sam’s
and within hours every street light place and brought food and guitars
had a photocopy of his picture taped and gifts and had a welcoming party-
to it. Just to say, very simply,
your name is not
The police mounted an expensive 24- “unwanted, unloved, out-
hour under-cover surveillance of sider”.
Sam with two or often three officers We want to call you
in front and back of his residence. “one of us, friend, neigh-
Sam has a generous heart and soon bour”.
after they set up their operation, he
went out and knocked on the window
of one of their cars, and invited them
in to share a fresh pot of coffee. Just
like Beverley Hills Cops - they were
not amused!

31 Satisfying Justice / Church Council on Justice and Corrections

I think it was a turning point in Can you imagine what this has done
Sam’s acceptance, because the police to our church? A young mother
had been holding bi-weekly meetings came after the service and said, “It
to find some loophole to return him blows my mind that that guy was in
to an institution, but that simple church this week. I just can’t believe
gesture and the efforts of our small it.” She wasn’t the only one.
support group seemed to give Sam a
second chance. This whole experience with all of its
fears has become an experience of
One Sunday morning after church, grace. Sam’s coming to us has been
the decision of our group came under a gift in may ways.
fire when a drunk neighbour loudly
started condemning Sam as he came I caught a glimpse of the power of
out of church. He threatened to kill this love the night of Sam’s party.
him, told him he was not welcome in Sam, in his generosity, invited all the
the neighbourhood and that if he people he knew, even the officers who
came back he would take a shotgun kept him under surveillance. He was
and shoot him. Other neighbours disappointed when they didn’t show
came out of the doors to hear this dis- up. Then at 10:30 p.m, one officer “I saw that despite the
turbance. came timidly up the back steps into budget and numbers
the kitchen and apologized. “We and physical force of
Our little group was shaken. God, were afraid that the press might be our police force the real,
liberating power lay
what do we do now? here...” within a little commu-
nity that simply
How can anything positive come out I saw that despite the budget and reached out in love.”
of this? numbers and physical force of our
police force the real, liberating power Harry Nigh
The next morning, our angry neigh- lay within a little community that
bour asked to see me. He apologized simply reached out in love.
for what he had said, apologized to
our church, and said, “Tell that man Program Description
he has nothing to fear from me.” As
we talked, he spoke of his past. As a result of community initia-
tives such as this, a proposal for a
He showed me documents that Community Re-integration
revealed that he had been the victim Project has been developed to
of the training school abuse. It was reduce the risk of re-offence by
clear that he was afraid and alone, individuals convicted of sexual
raising two young kids by himself. offences and to ease the transition
And when I invited him to come over of the ex-offender into the com-
and join us the next Sunday, he was munity.
in church with his two kids. Two
weeks later, I watched as John and
Sam shook hands and cleared up the
disturbance.

Satisfying Justice / Church Council on Justice and Corrections 32

 The project involves community Contact:
volunteers who form support Evan Heise
groups or “circles of support and Community Justice Ministries
Conflict Mediation
accountability” with high profile
Services of Downsview
or potentially high profile sex 95 Eddystone Avenue
offenders who are re-entering the North York, Ontario
community at warrant expiry M3N 1H6
from the prison system. This Tel. (416) 740-2522
relationship includes a commit- Fax (416) 740-8036
ment on the part of the ex-offend-
Reverend Hugh Kirkegaard
er to relate to the circle of support Toronto Community
and accept its help and advice, to Chaplaincy
pursue a pre-determined course Correctional Service Canada
of treatment, and to act responsi- 330 Keele Street - Main Floor
bly in the community. The circle Toronto, Ontario
M6P 2K7
of support will provide intensive
Tel. (416) 604-4391
support for the ex-offender, medi- Fax (416) 973-9723
ating between police, media, and
the community-at-large to assist a
safe, orderly adjustment to every-
day life in the community.

This project is sponsored by the

Mennonite Central Committee
Ontario (MCCO) in cooperation
with Toronto Community
Chaplaincy.

While not directly reducing the

use or length of incarceration, the
project hopes to make an impact
on recidivism by facilitating the
successful reintegration of the ex-
offender into the community.

33 Satisfying Justice / Church Council on Justice and Corrections

Section Two: Satisfying Justice

A selection of initiatives that attempt to repair harm

from crime and attend to related needs, with some impli-
cations for the reduced use or length of custody

Satisfying Justice / Church Council on Justice and Corrections 34

Contents
A selection of initiatives that attempt to repair harm from crime and attend to related needs,
with some implications for the reduced use or length of custody

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

1. Victim and Offender Mediation: Canada’s Gift to the World . . . . . . . . . . . . . . . . . . . . . . . . . 39

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
A Post-Charge Mediation Model, Canada . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Program Descriptions:
(i) Dispute Resolution Centre for Ottawa-Carleton . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
(ii) The Edmonton Victim-Offender Mediation Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
(iii) Pre-Sentencing Mediation Pilot Project - MOVE, Moncton, N.B. . . . . . . . . . . . . . . . . . . . 45
Genesee County Victim-Offender Program, Genesee, New York . . . . . . . . . . . . . . . . . . . . . . 46
Victim-Offender Mediation Services for Violent and Non-Violent Crimes . . . . . . . . . . . . . . 47
Community Justice Initiatives, Langley, B.C.
MOVE, Moncton

2. Circle Sentencing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Cumberland House, Saskatchewan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Urban Circles - Armed Robbery in Saskatoon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Serving on Sentencing Circle Attitude-Changing Experience, Prince Albert, Sask. . . . . . . . . . . 58
Manslaughter Case in Fort St. John, B.C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

3. Family Group Conferencing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Family Group Conferences, New Zealand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Family Group Conferences, Wagga Wagga, Australia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Family Group Conferences - Aboriginal Youth, Regina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Family Group Conferences, United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Family Group Decision-Making Project, Newfoundland and Labrador . . . . . . . . . . . . . . . . . . . 74

4. Community Sentencing Panels and Youth Justice Committees . . . . . . . . . . . . . . . . . . . . . . . 75

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Teslin Tribal Justice Project - Sentencing Panel, Yukon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Wabasca Justice Committee, Alberta . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Slave Lake Sentencing Panel, Alberta . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Youth Justice Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Elders’ Justice Commmittee, Fort Resolution, Northwest Territory . . . . . . . . . . . . . . . . . . . . . . . 81
Russell Heights Community Justice Committee, Ottawa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

Satisfying Justice / Church Council on Justice and Corrections

Introduction

This section highlights four from being “soft on crime”, is

emerging types of initiatives that experienced as demanding
are particularly effective in their accountability and reparation.
attempts to provide satisfying jus- There are clear benefits to be
tice through an opportunity to derived from this process even
address the harm done to people when it is not intrinsically linked
by crime. In so doing they are to diversion from prosecution or
having some impact on reducing imprisonment.
the use or length of imprison-
ment to achieve justice, although Circle sentencing was also born
not in all cases. in Canada, as a result of the
efforts of a growing number of
The first victim and offender judges to counteract the futility of
mediation emerged spontaneous- the current sentencing process
ly in Canada in 1974 as a bold ini- and to respect in Native commu-
tiative by two individuals to per- nities the traditional aboriginal
suade a judge to deal differently method of dealing with members
with two youths who had van- of the community who broke the
dalized property belonging to 22 law. It is one of the most promis-
victims in Elmira, Ontario. The ing breakthroughs in our western
opportunity for offenders to meet justice system because it can pro-
their victims face-to-face has since vide for a community-based, pre-
been developed into a program sentence advisory process that
model that has spread not only presents a healthy opportunity
across North America but also to for emotional expression of griev-
Europe, Australia, New Zealand ing, anger and support, and has a
and South Africa. As with all strong focus on accountability,
sound approaches that are reparation and restoration of
encouraged to grow by becoming peaceful and just relations in the
institutionalized into the work- community. It can also have a
ings of the overall system, they wider impact on crime preven-
can start to run on “automatic” tion because of the number of
and risk reducing their inherent people it involves in taking
potential for rich creativity in responsibility for solving the
providing justice. There are other problems that surface. It is not
risks as well and these are dis- without its dangers and limita-
cussed. But, by and large, evalu- tions, however. The potential
ations have shown that this is a abuses from power imbalances in
satisfying option that can help the formal and informal relations
reduce victims’ fears and, far between members of the commu-

Satisfying Justice / Church Council on Justice and Corrections 36

 nity must be watched for all the Family group conferences seek to
more carefully in a process that achieve this by mobilizing infor-
can give the illusion of reassur- mal community mechanisms to
ance that highly democratic prin- express both disapproval of the
ciples of participatory decision- conduct of the offender as well
making are being respected. as gestures of reacceptance into
Interest is growing in learning the community of law-abiding
from this process what can be citizens. There is a growing
adapted for use in urban, non-abo- interest in implementing this
riginal communities. While the approach in the U.S. and Canada.
goal of circle sentencing is not to It makes eminent sense that
keep offenders out of jail, that is reconnecting the offender in a
still often the outcome when the healthy way to family and com-
process of sentencing in a way munity is a most effective means
that makes sense is taken seriously to reduce the likelihood of future
by the judge and the community. dangerous behaviour. In New
Zealand, it is by law that every
Family group conferencing has case involving youth, except mur-
emerged in the aboriginal cul- der and manslaughter, must be
tures of New Zealand and referred for a recommendation
Australia as another credible, from this circle-type gathering
reparative process for communi- they call “conferencing”, and it is
ties affected by crime. It tends to beginning to be requested for
bring together a more restricted adults because judges find it so
group of community members much more productive to consult
than do circles, primarily the vic- the community in this way, and
tim and offender and as many of get its real assistance with the
their family and supporters as issues and problems. While con-
possible. It also utilizes the ser- ferences in some jurisdictions can
vices of relevant professional or recommend a custodial sentence,
community workers. Conferences in fact they seldom do. Their
offer great potential for satisfying impact on rates of incarceration
justice because they deal with should be enhanced as they deal
people’s unanswered questions, with increasingly serious
painful emotions, the issue of offences. They are not a panacea
accountability and the question of but, generally speaking, satisfac-
restitution or reparation. The tion on the part of justice system
process they have relied on heavi- professionals and the public is
ly has led to a new understand- much higher compared to their
ing in criminology of the role that experience of the courts.
the human emotion of “shame”
can have in bringing about
changes in behaviour, but only
on the condition that the offend-
er is not made an outcast.

37 Satisfying Justice / Church Council on Justice and Corrections

Youth justice committees and
sentencing panels are also pre-
sented in this section of initiatives
that attempt to repair harm from
crime and attend to related needs,
with some implications for the
reduced length or use of custody.
They involve citizen volunteers
or aboriginal elders in determin-
ing or recommending disposi-
tions of a case and their decisions
often rely on such restorative
measures as mediation and vic-
tim involvement, restitution and
reparation. Some deal as well
with the local social conditions
contributing to crime. They are
operating in both aboriginal and
non-aboriginal communities and
can take many forms, serving
both adults and youth, depend-
ing on their mandate.

The above initiatives differ from

those selected for presentation in
section three in that they feature,
by and large, a more community-
based and holistic approach to
crime, and stronger reparative
and restorative elements; but they
are not as clearly focused, in the
short term, on reducing the use of
imprisonment. Over the long
term, however, their impact on
rates of incarceration may, in fact,
prove to be greater.

Satisfying Justice / Church Council on Justice and Corrections 38

 1. Victim and Offender Mediation -
Canada’s Gift to the World

Introduction process is meant to empower

communication between both
The first “victim-offender recon- parties.
ciliation” project was set up in the
city of Elmira, Ontario near
Kitchener in 1974. In many situations, mediation
Representatives of the Mennonite can be an alternative to the
Church, together with a judge courts and to custody, used as a
and a probation officer, took the means of resolving the issues
bold initiative to bring about and needs which arise from
mediation in a case which
involved two youths who had
vandalized property belonging to
22 victims. The judge acted on a
suggestion of a probation officer,
ordering the two youths to meet
International Development of
with and arrange to compensate
Victim Offender Mediation Programs
each of the victims. The victims
and the community liked the COUNTRY Number of
approach. It was a starting point Victim Offender
Mediation
for a growing practice of victim-
Programs
offender reconciliation programs,
Australia 5
first on the North American conti-
Austria Available in all
nent, but later on also in Europe, jurisdictions
Australia, New Zealand and Belgium 8
South Africa. Canada 26
England 20
Strengths Finland 130
France 40
Victim/offender mediation pro- Germany 293
grams provide a unique opportu- New Zealand Available in all
jurisdictions
nity for offenders to meet their
Norway 54
victims face-to-face in the pres-
South Africa 1
ence of a trained mediator. The
Scotland 2
parties have an opportunity to
United States 15
talk about the crime, to express
their feelings and concerns, to get Source: The Network Interaction Spring 1996

answers to their questions, and to

negotiate a resolution. Mediators
do not impose settlements. The

39 Satisfying Justice / Church Council on Justice and Corrections

criminal behaviour. Frequently, Participants often view mediation
it is experienced as more satisfy- as a positive experience, realizing
ing, more inclusive and more it has a strong effect in humaniz-
relevant than imprisonment. ing the justice system. Many vic-
However, mediation is also used tims have acknowledged that
in addition to, during or follow- their sense of vulnerability and
ing incarceration in order to anxiety can be reduced following
address the needs of those a face-to-face mediation.
affected by crime which are not Significantly, the victim and the
addressed by imprisonment. In offender have the opportunity to
some situations (such as the vic- be creators of justice rather than
tim/offender projects in New its passive recipients.
Brunswick and British Columbia),
the use of mediation is not direct- Cautions
ly related to the reduction of the
use or length of incarceration. In
Nevertheless, there are many While VORP (Victim
fact there is some concern that the
practical concerns about media- Offender Reconciliation
possibility of such reduction may Program) can serve as
tion. Its strongest advocates
lead to offender involvement for a partial or total substi-
worry that mediation will be pro-
the wrong reasons. Successful tute for incarceration
moted more for reasons of expe- for many offenders, it is
and meaningful mediation may
diency and cost than for creating not the solution to jail
indeed result in reduced recidi-
a higher quality of justice. As vic- and prison overcrowd-
vism on the part of the offender ing. At best, VORP
tim-offender mediation expands
and eliminate harsh demands for can strengthen broader
and courts the risk of becoming
punitive sanctions on the part of public policy efforts in
more institutionalized, there is
the victim; however, it is impor- limiting incarceration.
the danger that more and more it
tant to note that those often are
will accommodate the “dominant Crime and
consequences of mediation rather
system of retributive justice, Reconciliation, Mark
than the goals for some pro- Umbreit
rather than influence the present
grams.
system to alter its model to incor-
porate a more restorative vision
As an alternative, mediation
of justice upon which victim-
exists for adults primarily at the
offender mediation is based.”
point of post-conviction sentenc-
(Umbreit, Coates, Picard)
ing while for youths it is more
often available instead of going to
A major concern is the issue of
court.
choice and avoiding any element
of re-victimization of victims who
Mediation has the potential to
should be allowed various
help reshape how society and its
options to regain a sense of
formal institutions respond to
power and control in their lives.
crime, shifting from a traditional
This is true at all ages but has
concept of the “crown vs. the
been a particular issue for media-
accused” to take in the victim,
tion programs involving young
offender and the community.
offenders; there have been exam-

Satisfying Justice / Church Council on Justice and Corrections 40

 ples where a youth’s due process The following examples demon-
rights have been ignored. strate how mediation is being
used in a variety of ways in an
Although the practice of media- attempt to achieve more satisfy-
tion has grown substantially ing justice.
these past 20 years, its impact on
the justice system continues to be
marginal in many jurisdictions
with too many programs receiv-
ing few referrals. Umbreit and
others argue for a pro-active and
assertive referral process to over-
come this obstacle.

Comparison of English, Canadian and U.S. Studies

of Victims and Offenders Participating in Mediation

Combined Combined Combined

English Canadian U.S.
Sites (2) Sites (4) Sites (4)
Victim satisfaction with criminal 62% 78% 79%
justice system response to their
case: referral to mediation
Offender satisfaction with criminal 79% 74% 87%
justice system response to their case:
referral to mediation
Victim satisfaction with 84% 89% 90%
mediation outcome
Offender satisfaction with 100% 91% 91%
mediation outcome
Victim fear of re-victimization by 16% 11% 10%
same offender, following mediation (50% less than (64% less than (56% less than
victims who victims who prior to
were not in were not in mediation for
mediation) mediation) same victims)

Victim perceptions of fairness in 59% 80% 83%

criminal justice system response
to their case: referral to mediation
Offender perceptions of fairness of 89% 80% 89%
criminal justice system response to
their case: referral to mediation

Source: Interaction Spring 1996 (The Network Interaction for Conflict Resolution)

41 Satisfying Justice / Church Council on Justice and Corrections

There are a number of similar to a nearby residence where a
mediation programs in the coun- smashed rear door was located and
try bringing together victim and Arthur was found inside. He was
offender. To give the reader a arrested in possession of some of the
flavour of how mediation works, property stolen from Chris and
we feature first a story based on Debbie; he appeared to be under the
a case sent to us by an Ottawa influence of non-medication drugs. A
dispute resolution centre. We second suspect, presumably in pos-
follow up on that story with a session of the remaining $1,800 of
brief description of mediation goods taken from Chris and Debbie,
programs in Ottawa, Moncton was never located. Arthur was treat-
and Edmonton respectively. ed in hospital for dog bites and held
for a bail hearing.

A Post-Charge Mediation By the time Arthur’s defence lawyer

Model, Canada met with the Assistant Crown,
Arthur had taken several initiatives
to get help with his alcohol and drug
A Story problem and to turn his life around.
He was being monitored medically
This story is about a 49-year-old and was doing well in a course he
man named Arthur who was facing was taking in “Management of Non-
numerous break and enter charges Profit Organizations”. When the
and already had served four and a defence lawyer requested that a pre-
half years in prison over the past sentence report be prepared, it
eight years because of a lengthy occurred to the Assistant Crown that
criminal record, comprised of numer- this was a case that might be appro-
ous charges of Possession of priate for mediation. He asked for
Narcotics, Trafficking and Theft. this possibility to be explored by the
After being charged with the current Criminal Court Pre-Trial
offences, Arthur confessed to at least Mediation Program operated by
75 other Break and Enters which had the Dispute Resolution Centre for
occurred over a four-month period in Ottawa-Carleton, “based on the
the same region. The Crown wanted accused’s attempts at rehabilitation”.
a nine to twelve-month prison sen-
tence if the accused pleaded guilty. Chris was very open to trying out
the mediation process because he had
The victims of this particular Break been “pre-sensitized” by his own life
and Enter, homeowners Chris and history; he had had a serious drink-
Debbie, had arrived home to find that ing problem and had even lived for a
the exterior lights had been twisted period on the streets before overcom-
to darken the front of the house and ing his addiction and becoming a
their front door had been forced open. successful businessman. His wife
Police were dispatched to the area Debbie, however, had been too trau-
along with a Police Services dog. matized by the offence to take part;
The track of the suspects was traced one of the items that had not been

Satisfying Justice / Church Council on Justice and Corrections 42

 recovered was a pendant that held 3. Arthur advised Chris that he has
deep-seated emotional value for her feelings of shame, guilt, and
because it had been given to her in remorse for any upset caused by
honour of her granddaughter (it said the incident. Chris accepted
“#1 Grandmother”); the little grand- Arthur’s apology as sincere.
daughter had since died, and that 4. Both parties agreed that they
death had also stirred up painful share similar backgrounds.
memories of a child she herself had 5. Chris stated that he is glad
lost years ago. Arthur is in recovery and
expressed that if Arthur contin-
During the mediation, Chris was ues in recovery it will benefit not
very forceful in confronting Arthur only himself but also others.
on his sincerity about wanting to 6. Both Chris and Arthur agree
turn his life around; he scrutinized that restitution would serve no
him for any sign that this may just purpose as items of sentimental
be another “con” job. On the other value can never be replaced.
hand, he also served as an inspiration 7. Chris agrees to pass Arthur’s
to Arthur that turning one’s life apologies on to his wife for the
around is possible. Chris was also loss of the irreplaceable items of
very powerful in conveying to sentimental value.
Arthur that his offence had done 8. Arthur and Chris agreed that
irreparably more harm to Debbie when they attend the Christmas
than Arthur had ever considered. and New Year’s 24-hour meet-
For Arthur, it was clearly much ings of AA, they will meet as
harder to face the complainant in friends. Further, should they
mediation than to simply “take his run into each other in the future,
knocks” from the criminal justice their greeting will include a
system. But he had decided to do it handshake.
as part of the steps he was taking to 9. Chris wished Arthur luck and
genuinely turn around his life. success in the future. Further, he
wished to advise the Crown
Mediation Agreement (between Attorney that he hoped this
Chris and Arthur) agreement would be taken into
consideration when a determina-
1. Arthur and Chris were glad to tion is made on disposition of all
have had the opportunity to meet charges against Arthur.
in mediation and mutually
agreed that the mediation was a
positive step in the recovery
process.
2. Having had this opportunity,
Chris advised Arthur that he no
longer has feelings of bitterness
or animosity towards him.

43 Satisfying Justice / Church Council on Justice and Corrections

Disposition will not mediate breaches,
offences of a sexual nature or if
The Crown noted in the file that there is a previous similar charge
“mediation was a great success”. and/or conviction; the degree of
Crown’s position on sentence moved fear of the victim in relation to
from asking initially for a prison sen- the accused, excessive violence
tence of up to one year to requesting and/or serious injuries in the
a suspended sentence, two years on crime, or use of guns; diagnosed
probation, conditions to refrain from psychiatric impairment; and cases
drugs and alcohol. That is the sen- related to an “abusive” spousal
tence that was imposed. relationship.

Program Descriptions Contact:

Dispute Resolution Centre
for Ottawa-Carleton
(i) Dispute Resolution 161 Elgin Street
Room 3107
Centre for Ottawa- Ottawa,Ontario
Carleton K2P 2K1
Tel. (613) 239-1501
Fax (613) 239-1214
“ Victim offender medi-
September 1989 marked the start ation teaches kids that
of the Dispute Resolution Centre ‘what I did affected real
for Ottawa-Carleton’s involve- (ii) The Edmonton Victim- people’... paying resti-
ment in an adult post-charge, pre- tution as a consequence
Offender Mediation for their behaviour is
trial Mediation program, among Project part of growing up.”
the first of its kind in Ontario. In
1993, the centre initiated the same Oakland judge
The Edmonton Victim Offender
type of mediation program for
Mediation Project is a one-year
youth not eligible for diversion
pilot project, currently being eval-
under the alternative measures
uated, that tried to demonstrate
option.
the viability of using mediation to
resolve matters in selected cases
Mediation is a confidential
involving adults facing criminal
process. The Dispute Resolution
charges. The project received
Centre has an undertaking from
referrals from the police and the
the Crown Attorney that they will
Crown on both a pre-charge and
not be forced to give any infor-
post-charge basis for minor
mation about matters covered in
offences, i.e. theft under, posses-
the course of a mediation.
sion of stolen property, mischief
Generally, the criteria considered
or minor assault. An interim
in assessing suitability of media-
report on the project noted that
tion in criminal cases includes:
approximately 40 to 50 per cent of
age differential between the
referrals result in actual media-
accused and complainant if the
tion as it depends on Crown
latter is under the age of 18; the
approval and the voluntary par-
nature of the crime - the centre
ticipation of both parties.

Satisfying Justice / Church Council on Justice and Corrections 44

 However, at that time, over 20 of Justice. MOVE offered media-
mediations resulted in an agree- tion services for 30 cases selected
ment. Victim-offender mediation by the Moncton courts. By utiliz-
programs typically have a resolu- ing a process of dialogue, under-
tion rate of between 85 and 95 per standing and interaction between
cent. victims and offenders, mutually
acceptable restitution agreements
Jeff Sermet, a third-year law stu- were reached in all of the 25 cases
dent involved in the project, says that came to full mediation.
that the courts are not designed Judges in seven of those 25 cases
to address the specific circum- stated explicitly that jail would
stances of events that lead to have been “appropriate” had the
criminal charges. “They’re puni- offender not participated in medi-
tive and designed to sentence, ation.
not to get to the root causes of
crimes. As criminal lawyers, The pilot was well received by the
we’re going to need to put Justice Department who recog-
resolving crimes at the forefront nized the potential for diverting a
rather than looking for a band- number of cases from the adver-
aid solution.” sarial process presently used to
one in which mediation is used as
The mediation project was pri- a tool to bring resolution to crime.
vately sponsored by the Elizabeth They believed that the project was
Fry, John Howard Society and successful in meeting its objectives
community partners. which were to: affect reconciliation
and understanding between vic-
Contact: tims and offenders; facilitate the
Maureen Collins reaching of an agreement between
Executive Director the victims and offenders regard-
Edmonton John Howard
ing reparation; involve communi-
Society
Suite 301- 10526 Jasper Avenue
ty people in work with problems
Edmonton, Alberta that normally lead to conflict with
T5J 1Z7 the criminal justice system; and
Tel. (403) 428-7590 identify crime that can be success-
Fax (403) 425-1549 fully dealt with in the community.

(iii) Pre-Sentencing Contact:

Wendy Keats
Mediation Pilot Project - MOVE, Inc
MOVE, Moncton, New P.O. Box 457
Brunswick Salisbury, New Brunswick
E0A 3E0
Tel. (506) 372-4522
In 1993, MOVE Inc. operated a Fax (506) 372-8013
Pre-sentencing Court Mediation
pilot project in conjunction with
the New Brunswick Department

45 Satisfying Justice / Church Council on Justice and Corrections

Genesee County Victim- David Whittier had wanted to tell John
Offender Program that he was forgiven, and asked his
wife to do that for him. But she didn’t
Genesee, New York feel she could do that. She wanted to
tell the drunk driver how she hated
A Story him, how he had ruined her life.

This story concerns the surviv- Mrs. Whittier and her children met
ing family of a man who was with John for two hours in 1990,
killed by a drunk driver who without lawyers, police or any other
had been sentenced to six members of the criminal justice sys-
months in jail and five years tem present. There she was able to
probation. express all the pain and anger she
felt. John had to sit and listen. In
The story of Connie Whittier...speaks the end, Mrs. Whittier says she left
eloquently to the impact of Genesee still angry, but in a different way.
County’s Community
Service/Victim’s Rights services and “I’m angry at him for what he did...
its victim/offender reconciliation pro- that he took my husband’s life. But I
gram. know now, after meeting with him,
that John is always going to live with
...David Whittier was an Orleans that. That he killed another man.”
County deputy sheriff who was
pinned by a drunk driver between his John had to face his responsibility for
patrol car and an abandoned vehi- that pain and anger, as he never had
cle... He died nine months later, to in court.
without having the chance to meet
the driver, John, who was sentenced That is healing.
to serve six months in jail and five
years’ probation. His wife had the Our justice system attempts to
chance through an Orleans County describe human pain in terms of
branch of Genesee County’s prison time. How long, and how
victim/offender reconciliation pro- severely, do you punish someone who
gram. has inflicted pain on someone else?
The only way civilized society can
“After David died, I still didn’t know deal with wrongdoing is to objectify
what this man looked like,” Mrs. it, to separate emotion from reason.
Whittier told Texas officials, in the Otherwise, we’d all be at the mercy
area to get ideas for setting up a sim- of those who wanted revenge for real
ilar program in their state. “I didn’t or imagined hurts. But when pain is
know if he was standing in line objectified, the victim is dehuman-
behind me in the grocery store. I ized. The victim/offender reconcilia-
didn’t know if he was the man I said tion program heals people...
‘hello’ to on the street.” (Excerpted from the editorial
Recognizing the Pain, The Daily News,
January 10, 1994)

Satisfying Justice / Church Council on Justice and Corrections 46

 Program Description Contact:
Dennis Whitman
Director
What is distinctive about the
Community Services -
Genesee County program is that Victims Assistance Programs
it usually brings together victims County Building I
and offenders very close to the Batavia, N.Y. 14020
crime, within hours of the crime Tel. (716) 344-2550 (ext. 226)
Fax (716) 344-2442
taking place, and it gives priority
to providing care to victims deal-
ing with trauma. Volunteers and
staff work to do victim assistance
that is very intensive - right down
to the crime scene cleanup.
Victim-Offender
Mediators create comprehensive Mediation Service for
victim impact statements, and violent and non-violent
then bring everyone involved, crimes
including the district attorney,
Langley, British Columbia
together. The mediators begin
putting together a sentencing and Moncton,
package with input from the vic- New Brunswick
tim, the offender and the commu-
nity. Program Description
Genesee County has a total of 42
The program described here is
jail cells while a neighbouring
the Victim Offender Mediation
county built and quickly filled
Program run by the Fraser Region
some 300 cells, following a more
Community Justice Initiatives
conventional crime and punish-
Association; it is similar to the
ment route.
victim/offender mediation ser-
vice for serious violent and non-
Citizens feel that Genesee County
violent crimes operated by
doesn’t need 300 cells because
MOVE in New Brunswick.
they have a community that feels
Because of the serious nature of
safer than the one beside it,
the crimes, this program is not a
because the community is
diversion from the traditional
tremendously involved at virtual-
criminal justice system including
ly every level. The community
imprisonment. Its purpose is to
placements for offenders are very
address the deep and varied
visible. There’s tremendous
needs that arise when a crime is
accountability to the community.
committed and which are not
addressed by the traditional sys-
tem. (See story illustrating these
programs in the section, What Do
We Mean by Satisfying Justice?)

47 Satisfying Justice / Church Council on Justice and Corrections

The Victim Offender Mediation in ways that do justice and pro-
Program (VOMP) is an innova- duce closure beyond what the
tive program designed to meet Criminal Justice System has been
the need for healing and closure able to do. In describing their
for people involved in, or affect- experience of the program, heal-
ed by, the most serious crimes in ing is the word participants
the Canadian Criminal Code. choose time and again.
The program has worked suc-
cessfully with victims and The offenders’ involvement in
offenders of crimes as serious as the Victim Offender Mediation
serial rape, aggravated assault, Program is important because:
armed robbery, and with the offenders are the only ones who
families of the victims in crimi- have answers to many of the vic-
nal negligence causing death, tim’s questions; only offenders
manslaughter, and murder cases. can take responsibility for their
crime in a way that is meaning-
The purpose of the program is to ful to the victims; offenders need
assist people by: to face the reality that their
crimes affected people, not just
• addressing questions and the “state”, and that the harm
concerns regarding the done continues; in cases where
offender’s eventual offenders will be back on the
release into the communi- streets, it is critical that they
ty; have become aware of the vic-
• empowering participants tim’s pain. Many offenders
to address issues and con- report that awareness happens
cerns surrounding the most powerfully when they hear
crime and its conse- of the harm from the ones they
quences; have victimized.
• providing the parties with
a process which can lead Facilitating contact between vic-
to new insight and under- tims and offenders in serious
standing thereby reducing and violent crimes is new, and
levels of fear and anxiety; there are a number of important
and, questions and issues that still
• providing sensitive staff need to be worked through.
who are committed to However, such initiatives push
being agents of healing the principles of restorative jus-
and restoration for those tice into the arena of our most
who suffer crime’s effects. serious crimes and hold out the
Victims and offenders participat- promise of more meaningful
ing in VOMP report that their responses to crime, with more
needs and concerns have been implications for community
addressed through this program involvement and incarceration

Satisfying Justice / Church Council on Justice and Corrections 48

 rates than are currently offered
by the criminal justice system.

Contact:
Dave Gustafson
Fraser Region Community
Justice Initiatives Assoc.
101 - 20678 Eastleigh Crescent
Langley, British Columbia
V3A 4C4
Tel. (604) 534-5515
Fax (604) 534-6989

Wendy Keats
MOVE, Inc
P.O. Box 457
Salisbury, New Brunswick
E0A 3E0
Tel. (506) 372-4522
Fax (506) 372-8013

49 Satisfying Justice / Church Council on Justice and Corrections

2. Circle Sentencing

Introduction Recommendations from those cir-

cles are then passed on to the
Circle sentencing entered our court.
legal jargon in 1992 when Judge
Barry Stuart of the Yukon In post-trial circles, once there has
Territories delivered his decision been a finding or admission of
in the case of Philip Moses. guilt, community members sit in
Stuart relied on a traditional a circle with the judge, prosecu-
aboriginal method of dealing tor, defence counsel, police and
with members of the community other service providers to discuss
who broke the law. Still in its sentencing options and plans to
infancy in the western justice reintegrate the offender back into
system, circle sentencing usually the community. Community
provides for a community-based, members usually include the
pre-sentence advisory process accused, victim, their families,
with a strong reparative and elders and other interested citi-
restorative focus. zens. There is little formal struc-
ture or script for a circle, their use
The goal of circle sentencing is and arrangement varying from
not necessarily to keep offenders community to community, judge
out of jail, yet that is still an out- to judge. Generally, everyone is
come of many circles, especially welcome, a prayer is offered, par-
for property crimes and even ticipants introduce themselves,
some more serious cases. A seri- the facts of the case are presented
ous, non-custodial community and crown and defence counsel
sentence replaces a jail term. provide opening remarks. Many
circles last three to four hours as
There are variations of circle sen- everyone is then given the oppor-
tencing operating in different tunity to speak, the ultimate goal
parts of Canada, including sen- being to come to a consensus or
tence advisory committees, resolution.
elders’ or community sentencing
panels and community mediation So far, circles have been used
committees. For example, in largely in aboriginal communities
Cumberland House, and with adults more than young
Saskatchewan, there are pre- offenders. As our stories in this
charge sentencing circles; the section will illustrate, they can
RCMP refers about six cases per deal with even quite serious crim-
month without having to go inal offences such as manslaugh-
through court. ter or armed robbery where a jail

Satisfying Justice / Church Council on Justice and Corrections 50

 term may or may not be imposed; • the victim agrees to partici-
however, the community has the pate without coercion (in
opportunity to address social cases of physical or sexual
problems and other harm related assault, including battered
to the crime. Circles are also spouses, there should be
being adapted and tried in urban counselling provided and the
and non-native settings. victim should be accompa-
nied by a support team in the
The objectives of sentencing cir- circle);
“Clearly there’s noth- cles include restitution to the vic- • the judge involved in an alter-
ing to lose by trying it. tim, reparation to the community, native sentencing case cannot
The system has not responsibility being accepted by abandon basic judicial princi-
worked up to now. It the offender, reconciliation ples.
hasn’t resolved the
between the victim, offender and
issues and reintegrated
people into the commu- community members wherever If the conditions of the circle plan
nity. Traditionally, if possible, reintegration of the are not followed, the sentence can
somebody is charged offender into the community and be referred back to the judge for
with assault, the barri- prevention of recidivism. alteration.
er between the victim
and the accused will
never heal within the Different judges have listed crite- Strengths
traditional court ria for determining if a case
process because there’s should go to a sentencing circle. In the opinion of Judge Bria
no mechanism for that Common on most lists are: Hucaluk of Saskatchewan, the
to happen. But if you
traditional legal system has not
involve the community, • the initiative for alternative
you open up an oppor- provided satisfying justice
tunity for something sentencing should come from because recidivism rates are high
very positive to happen. within the community, and there is no method to tackle
You open up the possi- although some circles are ini- the root causes of crime.
bility of forgiveness tiated by the judge or at the
and reconciliation so request of the offender or
people can get on with Circle sentencing offers a way to
counsel; secure community commitment
their lives. In small
communities this is • the offender must agree to the to help the offender and victim;
absolutely critical.” circle, take responsibility for for example, there is more than a
the offence and desire rehabil- probation officer checking up on
Judge Bria Hucaluk itation; the offender to ensure he abides
Saskatchewan • the community must be pre- by the circle plan. Untapped
pared to assist and support community resources emerge in a
the offender during and after circle to assist justice profession-
the sentence; als. Communities and individual
• there needs to be elders or families are often strengthened in
non-political community lead- being able to talk about and deal
ers willing to participate; with their problems. Circles have
contributed to community health,
healing and harmony.

51 Satisfying Justice / Church Council on Justice and Corrections

Offenders are confronted with the There have been isolated exam-
consequences of their crimes and ples of sexual assault cases done
become more aware of the suffer- in circles in small communities
ing they inflicted and the subse- which ignored prevailing male
quent disapproval of family, dominant influences or failed to
friends and community. Cal assure support for victims.
Albright of the Federation of
Saskatchewan Indians calls this There is worry that circles which
the “good pain” associated with are dominated by criminal justice
healing circles, contrasting it to or other professionals will under-
the courts’ “bad pain” in stigma- mine their key benefit of commu-
tizing the accused which only nity participation. There is an
reinforces destructive feelings. ongoing challenge to have the cir-
cles genuinely community based,
There is the perception that some reducing the number of profes-
will ask for a circle in the belief sionals and their role.
that they will get off easy. The
circle process should be able to Sentencing plans can ignore
unmask that insincerity. power imbalances and be under-
mined by poor infrastructure or
Some participants indicate that too few resources in the commu-
they can be themselves, especially nity.
in freely expressing painful emo-
tions; they appreciate a circle’s Pioneers of circles have also
informal setting where there is warned other communities not to
less legal language and the replicate what the north and
chance to address one another by native communities are doing but
first names. As one judge noted, to adapt the justice approach to
“two pictures of the offender fit their own local reality. On the
often emerge. We see the bad other hand, the philosophy and
guy but we see the guy is also spirituality of circles are integral
more than just his crime. The cir- to their success.
cle builds on the strengths of the
offender and the victim.” The evolution of circle sentencing
has been intertwined with mat-
Cautions ters related to Native self-govern-
ment and, as well, has raised
There are several challenges fac- issues touching on the question of
ing circle sentencing, paramount judicial independence. This must
among them ensuring a safe and be carefully considered in any
equal place for victims, as well as adaptation of circles in any other
determining which cases are setting.
appropriate to be referred and
what is the identifiable communi-
ty for the crime.

Satisfying Justice / Church Council on Justice and Corrections 52

 Conclusion Sentencing Circles
Cumberland House,
It is premature to draw any firm Saskatchewan
conclusions about the impact of
circle sentencing. Certainly, in its
evolution, there will be mistakes, The first sentencing circle story
bad circle law will emerge as is actually located in Section
surely as there is bad court law. One, featuring the Kwanlin Dun
Some lawyers will be frustrated, Community Justice project.
too, by an absence of any concise Here, Don McKay, community
set of rules and guidelines gov- co-ordinator at Cumberland
erning their application. They are House, describes how the circle
no panacea for crime but, given justice process matured in his
the many benefits reported by community over time.
communities, it may be wise to
recall the words of Judge Barry “... first few sentencing circles start-
Stuart. He advises people to ed off tentatively because everyone
compare the results from sentenc- involved was still intimidated by the
ing circles to the results in exist- process. It was like court all over
ing courts, not to perfection. again. The judge was there, lawyers,
Circles will require community policemen in uniform. It started off
consultation, proper education really slowly. Everyone was so used
and training, participation of all to the court system as it was then,
members of the community and when the judge and lawyers would
close evaluation. For the fly in, hold court and fly out again
moment, the healing and empow- once or twice a month. Neither vic-
erment flowing from the circles tim nor offender would speak up
seem to outweigh other growing because they were intimidated. In
pains. court the offender would just want to
get it over with so he would plead
guilty. It was only after the trial
was over and the judge had sen-
tenced him that he started asking
questions. After a foundation of
trust and credibility had been laid
down for the sentencing circles in
Cumberland House, however, the
people involved began opening up.
They were less intimidated. We were
able to communicate in our own lan-
guage and because everyone knew
family histories of the offender and
victim, things were placed in con-
text. Sometimes there was no sen-
tence imposed on the offender
because the reconciliation and resti-

53 Satisfying Justice / Church Council on Justice and Corrections

tution took place in the circle. Also, Almost one year ago Ivan Morin and
alcohol, drug and other counsellors Brian Janzen robbed a gas station of
are included in the circle so if the $131. and assaulted two attendants
offender has to take treatment, every- on duty. Because Dee-Anna called
one knows. If young offenders are 911 during the robbery, the offenders
involved, we always include the par- were quickly apprehended and
ents in the circle.” charged with “robbery with vio-
lence”. Janzen pleaded guilty and
Contact: received a three-year sentence. Ivan
Don McKay Morin had spent 18 of his 34 years
Cumberland House Cree in prison, including an earlier nine-
Nations
year armed robbery conviction. The
Box 220
Cumberland House, crown wanted a sentence in the
Saskatchewan range of nine to twelve years. Morin
Tel. (306) 888-2226 initially pleaded not guilty, but later
Fax (306) 888-2084 changed his plea and, because he is
Métis, requested a circle. Justice J.D.
Milliken agreed, and on April 15 the
innovative process of a Sentencing
Circle took place. Following a full
Urban Circles - Armed day of careful consideration from
many perspectives, Justice Milliken
Robbery in Saskatoon indicated that he would follow the
recommendations of the Circle if he
The following story highlights considered them to be reasonable.
the experience of a victim who
was choked during an armed ....Sentencing is not an end in
robbery. The suspect was facing itself, but a means to an end —
the prospect of a nine to twelve- namely restoring harmony within
year prison term. This sentenc- the individual and within the
ing circle was held in a city and community; consequently, all those
illustrates the sometimes con- affected or involved in some capacity
flicting expectations of sentenc- with the case are included in the
ing. Circle. Since Dee-Anna was a vic-
tim of the crime — Ivan Morin had
A Story choked her — she and her mother
agreed to participate in the Circle.
This past April, Dee-Anna Bryson Justice Milliken mediated the
participated in a unique and experi- process....
mental judicial process in Saskatoon
— the Sentencing Circle. For the The Circle process involves looking
first time in Canada this procedure at the accused and assessing whether
was pioneered in an urban setting. he or she is a good prospect for reha-

Satisfying Justice / Church Council on Justice and Corrections 54

 bilitation. It also includes an assess- that Ivan had done wrong and
ment of the offender’s community should be incarcerated.
and family context to determine if
they wish to accept the responsibility For Dee-Anna, the process of that
of assisting in the offender’s rehabili- day was intense and complex. Many
tation. Finally, through a consensual layers of emotion and point of view
process, the group determines a suit- required a draining concentration.
able sentence. She felt no anger and sympathized
with the difficulty in the lives of
Justice Milliken began by requesting Métis. With regard to Ivan, Dee-
that all be open and honest, and Anna indicated that he was intelli-
behave with respect towards each gent, that he had worked as a news-
other throughout the process. The paper reporter. She also indicated
configuration of the circle is appro- that he appeared remorseful. She
priate for it denotes the equality of perceived that he resented authority
all; it is a symbol of harmony and the and feared a white court. It was very
goal for all present is the same. To apparent that he had a very serious
begin, the prosecutor outlined the problem with alcohol; when he was
facts of the case. Following this, the attending AA and not drinking, he
defence attorney told of Ivan’s life as had been successful, productive and
a victim himself. The next person to happy. She felt that he was evading
be heard was Ivan ... He apologized action and the issue of his crime. For
to Dee-Anna, talked about his life his rehabilitation to work, Dee-Anna
and his desire to turn things around. felt that it was marvellous that his
The four representatives of the Métis community was committed to sup-
community and the Métis Elder porting him, but that he himself
described the hardships faced by must make the commitment to
Métis children and adults in our reform. She was frustrated for a time
society that stem from a very real because the Métis representatives
racism. They also indicated their offered no alternative suggestions if
willingness to support Ivan in his he didn’t go to jail. She also recog-
reformation. They felt that incarcer- nized the risk that faced the Métis
ation would not help him. The Métis community. The success of this ini-
Elder was willing to give him a job tial experiment with a Sentencing
for he had known Ivan through his Circle will be the measure for its rep-
rough times, but was convinced that utation and future use. Dee-Anna
he was a decent fellow and that alco- herself did not participate in the sen-
hol caused him and others a lot of tencing aspect of the Circle. Dee-
grief. Many in the Circle felt to Anna’s mother was able to express
some extent that Ivan should get a her anger at Ivan Morin for the
jail term, particularly officials of the injury inflicted on her daughter.
justice system. The Métis officer Dee-Anna suggested that the process
challenged Ivan as to what he was probably therapeutic for her
intended to do about his own rehabil- mother.
itation. The gas station owner felt

55 Satisfying Justice / Church Council on Justice and Corrections

For Dee-Anna the process was wide- well, he would enter a drug and
open. Individuals could express alcohol rehabilitation program
themselves freely and emotionally. after his release from prison, be
Some challenged the offender, and the on probation for one year and
offender had to face his victims and perform 140 hours of community
the consequences of his action. It work that would include 100
worked, and from Dee-Anna’s per- hours at the Métis Community
spective it would be desirable to use Centre and 40 hours for the
it again in similar circumstances, owner of the gas station. On June
although she felt that some crimes 15, Justice Milliken agreed with
would be too overwhelming for all the recommendations with the
Sentencing Circles. exception that he extended
Morin’s probation to 18 months.
The process was long and intense,
requiring careful listening, but On a Crown appeal, the
through a process of distillation, con- Saskatchewan Court of Appeal
sensus was achieved. The essentially added 15 months to Morin’s sen-
wise element of trying to assure reha- tence. The defence has now
bilitation of the offender was critical; appealed the case to the Supreme
such a practical goal holds the Court of Canada.
promise that reformed offenders will
not become repeat offenders. When Defence lawyer Kearney Healy
asked if she was confident in the described the circle as “infinitely
rehabilitation of Ivan Morin, Dee- superior” to anything he had
Ann indicated that she could not experienced in 15 years of legal
“see into his heart”. Uncertain as to work. At first, the circle was
whether he was motivated by a true “polarized” between those who
desire to rehabilitate himself, she said did and did not want jail for
she couldn’t be sure, but that she fer- Morin. “But it was a good circle
vently hopes that he will be success- in the process that took over,” he
ful in turning his life around. said. “In the end, it still came
(excerpted from STM Newsletter, St. down to the traditional idea that
Thomas More College & Newman a price had to be paid for the
Alumni)
crime - this was articulated by the
police. There were many com-
The Rest of the Story: munity supporters who did not
Sentence and an Appeal want jail.”

The sentencing circle recommend- Healey noted that a successful

ed Morin serve an 18-month jail circle depends on correctly identi-
term; should he be released early, fying the proper community of
he would be subject to electronic the offender and the crime. In
monitoring or house arrest for the Morin’s case, the community
balance of time to be served. As could be one of many - his Métis

Satisfying Justice / Church Council on Justice and Corrections 56

 community, the geographical area
where he lived, those who have
some moral persuasion or caring
relationship to him or those
affected by the crime.

Another Urban Circle

Another urban circle Healey par-

ticipated in involved a man with
no previous record who was
charged with armed robbery. The
Crown asked for a three-year pen-
itentiary term. The circle agreed
to a three-year suspended sen-
tence with six months electronic
monitoring and other conditions.
“I could sentence some- At the outset, the judge in this
body in three minutes,
so if I didn’t think the case wanted assurances that the
sentencing circles were victim would be treated properly
a benefit to the commu- in the circle and that the offender
nity and to the process was held accountable, was
of justice, I wouldn’t remorseful and had community
spend four hours each
support.
time participating in
them,”
Contact:
Judge Bria Hucaluk Kearney Healy
Saskatchewan Saskatchewan Legal Aid
Commission
10th Floor - Sturdy Stone Centre
122- 3rd Avenue North
Saskatoon, Canada
S7K 2H6
Tel. (306) 933-7820
Fax (306) 933-7827

57 Satisfying Justice / Church Council on Justice and Corrections

 Serving on Sentencing Circle Attitude-changing Experience
by Kenneth Nosklye

Last week I was involved in one gas station and towards his car. cles. I, too, I must confess,
of the most incredible experi- The man took down the license have had my doubts of the
ences of my life. I was asked plate number. It didn’t take process. But, after this experi-
to sentence a man who had long before the police knocked ence, my belief in the process
committed an armed robbery. on his door. He immediately is restored. There is no better
confessed and wanted to plead form of justice than the justice
There were more than 30 peo- guilty to all charges. His lawyer bestowed by the public.
ple in this sentencing circle. suggested a sentencing circle
Police, family, university profes- and the Crown agreed. After all, this case was not a
sors, aboriginal elders and man before one judge, with one
even a captain from the armed The Crown at the sentencing lawyer and one prosecutor.
forces. Of course, there were circle said: “If there was ever a This was a case where he had
also the accused, the victim, need for a sentencing circle, it to appear before a large num-
the judge, lawyer, representa- is this case.” We heard from ber of people, including his vic-
tives from probation and the the Crown, who wanted to send tim. This wasn’t a case where
Crown prosecutor. the man to prison. We heard a bunch of legal mumbo jumbo
from the victim, who supported was argued. This was a case
The man is a 27-year-old abo- the process of sentencing cir- of man and his victim. Even
riginal man, married with one cle. We heard from the man’s the arresting officers in this
child. He has never been in family, who gave a powerful man’s case didn’t want to send
trouble before. He is a gradu- presentation, asking us not to him to prison - this fact wouldn’t
ate of the University of send him to prison. We heard have been heard in a regular
Saskatchewan. He is a man from the lawyer. We heard courtroom.
who had done thousands of from the accused and we heard
hours of community work, all as from every single person in the A regular court would have
a volunteer. He comes from a circle. heard about the man’s past
very loving and stable family. from a generally biased pre-
So, what happened? Finally the big moment came. sentence report. In this case,
The judge would weigh all the we heard all about the man’s
One year ago this month, the facts, take into consideration all past directly from his parents,
man became addicted to video the presentations and pass a family and many others.
lottery terminals (VLT). He sentence. The man was sen-
spent all the money his family tenced to a three-year sus- I now believe sentencing circles
had on VLTs, he even spent the pended sentence, including are an evolution of a system
family’s Christmas money. In having to wear a monitor for six that only cared about protecting
desperation, he decided he months. There was also a the system, with no considera-
would rob a business. He had number of conditions placed on tion of the human aspect.
a knife in his hand, with his his sentence: attend a gam- Sentencing circles take the
face covered, when he walked bling addictions program; work human approach. This is a pro-
into a Saskatoon gas station. with aboriginal elders; and 400 found approach to a system
He demanded money, he got hours of community work. that needs a touch of humanity.
$68.00 He tried to make a
clean get-away but was spotted Recently there has been a lot
by a man as he ran out of the of criticism of sentencing cir- (Prince Albert Daily Herald)

Satisfying Justice / Church Council on Justice and Corrections 58

“This circle can only Manslaughter Case in nize the circle. Goerzin relates what
partially be described Fort St. John, British happened:
and must be experi-
enced to understand its Columbia “The Court agreed that preparatory
spiritual power and information sessions and workshops
effects.... The family This story illustrates the serious for participants would be helpful.
and friends of the offences being referred to sen-
deceased were given Regrettably there was no thought
tencing circles; a custodial sen- given to financing the circle sentenc-
opportunity to express
(to the offender) their tence sometimes results anyway, ing process.
anger, hurts and sor- but with other reparative heal-
row for what has hap- ing taking place. Several meetings were held with
pened. What more can
an offender ask than Judge Stuart. A workshop and infor-
the freedom to com- On Feb. 8th, 1994, after hearing of mation sessions to precede Stoney’s
ment on and agree on a the death of his closest friend in a car sentencing circle were planned in
suggested sentence he accident, Saviour Stoney began August, with preliminary consulta-
is to receive, or minutes drinking. Much later, Stoney picked tion about the program with the vic-
before he goes to the up a gun, a shot was fired and Molly tim family and relatives, chief of the
prison cell be encour-
Apassin, his sister-in-law, lay dead. Indian band, the court’s trial coordi-
aged by the Judge to
speak to those he hurt (Molly was sister to Stoney’s wife nator, Crown, defence and probation.
so many months ago in who had died in a car accident two The workshop facilitators were com-
his distraught and decades earlier). munity workers from Kwanlin Dun
drunken condition. If First Nation and Carcross Band in
in our other courts, On June 8, B.C. Supreme Court the Yukon. People from all the Treaty
assaulted persons, vic-
tims of drunken dri- Judge P.J. Millward together with 8 First Nations, court workers,
ving, had this circle Crown and defence agreed on a RCMP, law offices and general pub-
opportunity they might guilty plea for the lesser charge of lic were invited.
heal more easily if they manslaughter, dismissing the jury.
would openly face the Saviour was concerned about what
accused. This process
Both the victim’s family and he would say in the circle to those he
brought the wheel of
justice full circle and accused’s family were interested in had offended. We suggested that he
included the whole using circle sentencing. Justice simply speak out clearly and from the
community..... At the Millward announced Aug. 16 as the heart, no more could be asked of him.
end of the day commu- date for sentencing, to be preceded by He said he was so sorry for what he
nity and estranged a circle sentencing hearing on had done.
families sat down to eat
at the same time. May August 14 and 15 if necessary.
the courts find the So many members of the Doig River
courage to include this The community prepared for this cir- Indian Band were suffering from the
vital link for reconcilia- cle based on a photocopied paper death of Molly Apassin who had been
tion and rehabilitation written by Justice Barry Stuart of their teacher of native ways and their
of the victims and the Yukon Territory, passed on by the
offenders in our com- religious leader.
munities.” Victim Offender Reconciliation
Program at Langley, B.C. The court
Martin Goerzen asked Martin Goerzen, a clinical
Clinical Counsellor, counsellor who had made Judge
Fort St. John Stuart’s material available, to orga-

59 Satisfying Justice / Church Council on Justice and Corrections

Harold prayed for guidance and for On Monday, organizers briefed
the presence of the Creator while all members of the court party, includ-
participants held hands.... The feath- ing the Judge, on what to expect and
er was passed from one person to the what their role would be. There was
next clockwise around the circle and discussion about the technical set-up,
we were all ready with heart, mind the seating arrangement, who could
and soul to introduce ourselves and come in or leave, and about the possi-
say something about why we’re here. bility of pronouncing the actual sen-
The tradition of passing the feather tence should there be a consensus of
around was that each person was opinion.
honoured and welcomed by all “We wanted this
because what one had to say was The actual circle assembled 46 persons because we wanted to
important for oneself and for others. and lasted six hours. Judge Millward deal with it in our own
The circle was a safe place to express acknowledged the risk he had taken in traditional way. She
was the only one that
our feelings because we were asked to holding a circle. ‘I was concerned we have. She was
leave what you hear in the circle; it because the process was new to me. It everything to us - our
was not to be talked about outside. occurred to me that if the feelings of teacher, our storyteller.
Among the 30 persons were expres- the persons present were going con- She was the centre of
sions of learning and long pent-up trary to what I thought would be the the whole family.
We’ve always dealt
feelings of hurt, guilt, frustration, right thing to do and contrary to the
with it the other way.
anger, revenge and forgiveness. kind of sentences that have come They never face their
before the courts in the last number of victims or reality. This
Sunday morning, the Kwanlin Dun years, I would be in a quandary. That way the words come
leaders and Ben Cardinal met with did not happen. I was greatly out of their mouths and
the offender, Saviour Stoney and his relieved.’ In actual fact, the judge had not their lawyer’s”
son. It was an opportunity to pre- brought to the circle an envelope con- Lillian Apsassin
pare them for the circle tomorrow. taining examples of sentences handed Molly’s daughter
people in similar cases. Without
Sunday late afternoon and evening opening the envelope, he invited peo- “This process played a
families of the accused and the victim ple on the third go-around in the cir- big part in our family’s
healing and opening up
met at the Doig River Indian Band cle to give their opinions regarding a
to each other and
at the former home of the deceased. sentence. Then, the judge opened the bringing our families
The purpose was to have a meal envelope and said that examples were together again, hopeful-
together and to give participants of similar to those handed down by ly stronger.”
tomorrow’s circle time to develop judges in other cases.
some guidelines on how the process Linda Sark
Stoney’s daughter
should go. Some emphasis was The consensus of the circle was to
placed on preparation for facing the sentence Stoney to two years in jail
offender and for the circle to express and three years probation, during
their thoughts on what type of sen- which time he was ordered to address
tence should be given. issues of anger and drinking. He
would be off reserve for five years.
Influencing the sentence had been the
community wish that Stoney be in a
place where he could be productive
rather than being “in their face”.

Satisfying Justice / Church Council on Justice and Corrections 60

 The offender was given a few Many other aboriginal communi-
moments with the family. Once ties mostly in western Canada
most of the group had left, a number and in the territories have either
of the family members gathered experimented with sentencing cir-
around the offender for a final cles or have now made them a
farewell greeting. Words are inade- normal part of their community
quate to describe the words of pain justice system. The case cited
and forgiveness, the handshake, the from Kwanlin Dun Community
tears and the hugs given the offender Justice is found in the preceding
or his response asking for forgiveness chapter featuring initiatives
for shooting the victim in a state of which we found best illustrate
drunkenness, depression and anger. satisfying justice. Some non-
As the families left together for sup- native communities are interested
per, they expressed peace and great in adapting sentencing circles for
relief from the pain and suffering their own communities.
they had experienced over the past
eighteen months - a great burden had
been lifted. The healing and reconcil-
iation that occurred in these past five
days was a spiritual experience.”

Contact:
Martin Goerzen
Clinical Counsellor
Room 108, Execuplace
10142 - 101 Avenue
Fort St. John, B.C.
V1J 2B3
Tel. (604) 787-9622

61 Satisfying Justice / Church Council on Justice and Corrections

3. Family Group Conferencing

Introduction Family group conferences are

grounded in the following
In the past few years, family assumptions, according to David
group conferencing has evolved Moore, an Australian educator
from its New Zealand and specif- and pioneer of that country’s con-
ically Maori roots to emerge more ferencing model. (Moore, Facing the
Consequences: Conferences and
generally as a credible, reparative
Juvenile Justice)
justice process for communities
affected by crime. Primarily used
to date for youth, family group • the definition of community is
conferences bring together in a used sparingly, that is, it is
circle the victim, offender and as confined to people with spe-
many members of their family cific relationships to offenders
and supporters as possible, along and victims;
with relevant professional or • the offending behaviour and
community workers. Conferences not the offender is rejected;
provide a forum to deal with peo- • emotion is part of the process;
ple’s unanswered questions, • process allows reintegration
painful emotions, the issue of into immediate community of
accountability and the question of interest (such as family) and
restitution or reparation. We broader community (such as
believe they offer great potential the geographic community);
for satisfying justice. • gives the conflict to those
directly affected;
The amount of diversion from • basic rules are those of social
courts appears to be significant in justice and community decen-
many jurisdictions using them; cy rather than of legal justice;
while conferences in a few coun- • the conference is the most
tries can recommend a custodial effective way to identify the
sentence, in fact they seldom do. causes of failure in the family,
Their impact on rates of incarcer- when applicable, and of com-
ation, modest for now, should be munity control, and to begin
enhanced if and when increasing- the complex process of restor-
ly serious offences are referred to ing social bonds;
this relatively new process. • traditional justice system
Generally speaking, satisfaction informal methods may
on the part of justice system pro- achieve material restitution
fessionals and the public is much for victims but are not
higher compared to their experi- designed to repair the most
ence in the courts. significant symbolic and emo-
tional damage;

Satisfying Justice / Church Council on Justice and Corrections 62

 • coordinators act on behalf of offender to face the consequences
the social justice system but of one’s behaviour, attempting to
will be umpires not players; denounce and reject the behav-
• conference will encourage iour instead of the person. The
offenders to face conse- individual rights of an offender
quences of behaviour; are intended to be a primary con-
• conferences offer victims the cern for conference organizers.
opportunity to deal with their
resentment and anger; Victims are included as parties in
• individual rights of offenders their own right. They have the
will continue to be protected. opportunity to deal with such
emotions as resentment or anger.
Strengths There is the likelihood of some
material or symbolic restitution.
“ The first outburst Family group conferencing builds
often comes from the A positive “reintegrative” kind of
on common restorative justice
victim” says Judge shaming occurs in conferencing,
Michael Brown, principles, offering the potential
describing the dynamic at least of genuine “satisfying jus- particularly in the Australian
of a family group con- tice”. Because crime is under- police-based models as Carol
ference. But after stood more in the context of harm LaPrairie explains: “It gives the
they’ve had a chance to done to people rather than mere community of people most affect-
vent some of their feel- ed an opportunity to seek resolu-
ings of pain and anger, law-breaking, family conferences
“it’s amazing how gen- give the conflict back to those tion without making the offender
erous they can be.” most directly affected, enhancing an outcast. This is accomplished
a shared responsibility for repair- by harnessing informal communi-
“Look, they may say, ing that harm. Experts tend not ty mechanisms to express both
we don’t want him to disapproval of the conduct of the
to dominate the conference as
go to jail. But we do offender and gestures of reaccep-
want our motor car they would in a courtroom; many
back. And that leads to community resources surface that tance into the community of law-
a realistic discussion were previously unknown and abiding citizens. It is the second
about reparations.” untapped. Some models of fami- part of the ceremony, i.e. reaccep-
ly conferences delve more into tance based on John Braithwaite’s
the family and community condi- theory of reintegrative shaming
tions underlying the crime, that distinguishes degradation
addressing the complex task of ceremonies (used by the main-
restoring social bonds. stream criminal justice system)
from reintegrative ones.”
The goal is reintegration rather
than stigmatization and labelling Cautions
of offenders. Through a trained
co-ordinator, a process is followed The early experience of family
with a determined order of speak- group conferences has illustrated
ing that is designed to enhance the challenges facing this newer
the reintegration. Participants in approach to justice. While victim
a conference will encourage the participation and satisfaction is

63 Satisfying Justice / Church Council on Justice and Corrections

much higher than through the However, in the words of
court process, it remains a central American criminal justice writer
issue for vigilance. It is an ongo- Russ Immarigeon, this prelimi-
ing priority in all these innovative nary evaluation indicates matters
justice processes to hold up the that require repair, not rejection.
needs and rights of the victim. In
any move to consensus and Conclusion
agreement in a conference, the
healing needs of the victim Family group conferences have
should be given equal weight to spread to several other countries,
those of the offender. including a few pilot projects in
Canada and considerably more
It is a challenge to select the most juvenile jurisdictions in the
effective participants for a confer- United States. Remarkably, as the
ence, those meaningful to victim final few stories in this section
and offender. When families are illustrate, the approach of family
no longer influential in a young group conferencing is also being
person’s life, it is incumbent to used in prison and in the commu-
identify and include someone nity, in some cases, even after
who is now interested in that someone did go to jail for a crime.
youth or once was, perhaps an It was clear that the jail sentence
aunt, favourite teacher or sports had ignored so much of the harm
coach. cause by the crime whereas these
conferences were able to bring
There is the danger down the healing and closure. It is a
road that family group confer- poignant reminder that such
ences could create their own jus- processes make all the more sense
tice industry, just as much rule- at the front end of the justice and
bound and professional-dominat- corrections systems; in cases
ed as mainstream justice. where justice has been satisfying,
and the offender is judged not to
In practical terms, early evalua- be a danger to the community, it
tion has been positive but also begs the question of why custody
has revealed concerns about at all.
enforcement of diversionary con-
ference agreements, due process
rights, the potential for net-
widening, turf wars among
police, court and justice profes-
sionals and the limitation of con-
ferences to address serious condi-
tions leading to an offending
behaviour such as unemploy-
ment, poverty and breakdown of
family support networks.

Satisfying Justice / Church Council on Justice and Corrections 64

 Family Group “The violated person is able to
Conferences, express her or his anger and resent-
ment directly to the violator; the vic-
New Zealand tim has begun the process of being
back in control, of being empowered
A Story something she or he was robbed of by
the offence. This is the first step in
An offender, 16, has stolen and the healing process. The offender’s
wrecked a car worth $1,700. Not a reaction to this event is clearly visi-
Rolls exactly, but to the poor single ble to all present. The most frequent
mum who owned it, essential and all response, clearly demonstrated by
but impossible to replace. Though demeanour, is one of shame and
young, the thief is no stranger to remorse. When the victim stops
crime. Should the case go to court, speaking there is almost always a
odds are he’ll go to jail. most powerful silence, a stillness,
while the eyes and thoughts of all
All this comes out at the family those present are focused on the
group conference, where a grandpar- young person. Occasionally, a spon-
ent agrees to pony up the $1,700. for taneous verbal response will happen;
a new car and the kid agrees to take a more often, after a time, I will ask the
hard job at a packing plant to pay the young person how he feels about
money back. what has been said. This will elicit
an indication of shame - even the
Senior Police Constable Ross Stewart most inarticulate will admit to feel-
ticks off the winners. ing “stink”. I may ask them whether
there is anything they want to say to
“The victim’s happy - she got the the victim. The majority will then
money she needed for a car. The proffer an apology. The victim then
police are happy - they solved a has the opportunity to accept the
crime. The offender’s happy - no apology and often in doing so begins
conviction. His family? Well, to display the first signs of forgive-
they’re annoyed. But they’ve taken ness and compassion.
an interest, and they have a stake in
seeing him pay off the money.” They will often now say what it is
they want from the offender by way
“Justice has been served,” says of reparation, not just in the finan-
Stewart, a fit and strapping 40, and cial sense, but what is needed to
no bleeding heart. “It’s a good sys- ‘make things right’ between them. In
tem.” situations where the victim has suf-
fered physical harm, or is left with a
residue of fear from the offence, they
Doug Small will need reassurance that they are
(Justice Down Under, National/The
not going to be at risk from the
Canadian Bar Association, November-
December, 1995) offender in future, and they will need
time to recover their confidence. If
they wish, this can be addressed by

65 Satisfying Justice / Church Council on Justice and Corrections

further contact with the young per- provided to the court to deal with
son, or reports as to progress, or pro- the issues that came before it and
vision for a further meeting together the courts were ill suited to deal
when time has passed. with social and family problems.
The “justice” model was seen as
By focusing on the needs of victims ineffective in preventing delin-
for healing, their need to be restored quency. Others were concerned
to the feeling of being in control of that there was a tendency to con-
their own lives, of being re-empow- fuse welfare and justice issues,
ered, the young person and family and that this resulted in interven-
when proposing a plan to deal with tions which were inappropriate
the matters can offer a creative, con- and perhaps too soft. Victims’
structive solution. The best solution groups pointed out that victims
is that proposed by the young offend- were largely excluded from hav-
er, through his family, having taken ing any say in the court process
into account the requirements of the and that very little attention was
victim.... paid to reparation and restitution. The new youth-crime
law has helped stop this
In addition, the adversarial court mindless merry-go-
proceedings were considered around. And it’s given
Marie Sullivan, inappropriate to the culture of the police like Stewart a
Manager of youth services, Auckland indigenous Maori population new sense of purpose.
(quoted in Restorative Justice - Four
who were over-represented in the
Community Models. Saskatoon “In years to come,” he
criminal justice system. (Maori
Community Mediation Services’ predicts, “it will be
newsletter) families make up 12 per cent of seen as on a par with
the country’s 3.5 million popula- giving women the vote
tion but 43 per cent of the known and the social legisla-
Conferencing - How it tion of the 1930s.”
juvenile offender population).”
Started in New Zealand
Doug Small, Justice
Meanwhile, the Social Welfare Down Under
In 1989, New Zealand passed the Department was studying victim-
Children, Young Persons and offender mediation schemes else-
their Families Act, dramatically where, moving to a policy and
changing the way in which the justice approach which empha-
country handled young offend- sized holding young people
ers. accountable for their crimes.
Drawing on Maori and other
Judge Heino Lilles of the Yukon Polynesian tradition, it was
Territorial Court in Canada sum- decided to apply these principles
marizes the convergence of fac- of restorative justice to the whole
tors motivating the New Zealand country. Supporting this direc-
reforms: “ ... too many youth tion was the Labour govern-
were charged and brought before ment’s overall ideological push to
the courts, often for offences privatize and cut back on social
which were not particularly seri- spending.
ous. Inadequate resources were

Satisfying Justice / Church Council on Justice and Corrections 66

 Its Objectives family group conference. Only
20 per cent of all young offender
The goals of the new legislation cases go to youth court, com-
included: pared to a 80 per cent figure
• diversion, including keeping before the law changed in 1989.
young people out of courts Even if a case goes to court, after
and preventing stigmatiza- a guilty finding a conference is
tion; called to make recommendations.
• accountability, emphasizing
restitution; How does it work?
• enhancing well-being and
At another family strengthening families;
A trained social worker usually
group conference, • “frugality” of time, meaning
serves as conference coordinator,
called to deal with a holding a conference within
boy who stole sever- carrying out significant pre-con-
21 days of the incident;
al cars, the following ference work with both victim
• due process to protect rights;
dramatic exchange and offender and their families.
took place as an • family participation, to rein-
New Zealand family conferences
uncle of the boy con- tegrate youth back into the
delve far deeper into the underly-
fronted him. community;
ing social conditions related to
• victim involvement, in the
“Stealing cars. You’ve the crime and rely heavily on the
decision-making and enabling
got no brains, boy.... youth’s extended family.
But I’ve got respect for their healing;
you. I’ve got a soft • consensus decision-making;
The conference can only be con-
spot for you. I’ve been • cultural appropriateness,
vened if the youth admits to the
to see you play football. providing for different ways
I went because I care offence. If there is a denial in a
of resolving incidents depend-
about you. You’re a conference, an adjournment is
ing on the culture of partici-
brilliant footballer, boy. called for discussions between the
That shows you have pants.
co-ordinator and youth, with the
the ability to knuckle option that continued denial will
down and apply your- Its Results
self to something more have the case referred back to the
sensible than stealing courts. As a conference is
cars.... We’re not giv- According to Joe Hornick of the empowered by law, a decision
ing up on you.” University of Calgary, research reached by consensus is binding.
indicates that conferences have
significantly cut the flow through There are three stages to a family
the court system and have led to group conference. Following
a reduction by half in the use of introductions and greetings,
custody. Conferencing must be which sometimes include an
understood in the broader context introductory prayer, the police
of that country’s youth justice describe the offence. It is not
system where 71 per cent of all long into this first phase before
offenders are either formally cau- the young offender in the pres-
tioned or informally warned, ence of his family and supporters
with the remaining cases going is confronted directly by the peo-
through the formal courts or a ple his actions have affected. This

67 Satisfying Justice / Church Council on Justice and Corrections

early storytelling gets at the emo- Family Group
tions, the unanswered questions, Conferences,
the needs of the victim and the
facts related to the case.
Wagga Wagga, Australia

A second phase involves a private A Story

deliberation by the offender’s
own supporters to propose a A 15-year-old male and a 16-year-old
plan. Families seem to address female broke into the flat of an elder-
personal and private matters ly woman who lived alone. They
more freely in this phase. stole a variety of property including
a television, jewelry and food (value
Finally, the conference reconvenes around $5,000). Both offenders were
with the professionals and victim living at a nearby caravan park and
and supporters to see if all are had watched the victim leave her
agreed on the recommendations. home. The victim’s daughter sus-
A Youth Justice social worker pected the offenders as the flat had
monitors the plan: if it is com- previously been broken into.
pleted, charges are usually with-
drawn; if not, a youth court judge Police became involved, interviewed
will make a determination. the offenders and located most of the
property. Police also arrested anoth-
Contact: er adult offender, who was charged
Marie Sullivan and placed before the court. This
Youth Justice
offender was sent to prison because
New Zealand Children and
of his criminal history. The issue of
Young Person Services
Private Bag 78-901 Grey Lynn a conference or court hearing was
Auckland, New Zealand discussed at length by police. As the
Tel. (011) 649-376-1164 adult offender had been sent to court
Fax (011) 649-376-5770 and imprisoned, police initially felt
that the other offenders should also
be charged because of this and the
seriousness of the matter. However,
the case was referred for a conference.

The cautioning conference

involved the following people: the
male offender, his mother, brother
and sister; the female offender, her
mother, sister, boyfriend and two
other friends; the victim, her daugh-
ter and grand-daughter.

Satisfying Justice / Church Council on Justice and Corrections 68

 Both offenders talked about the cir- she was no longer fearful; the vic-
cumstances and were confronted by tim’s daughter felt relieved that her
the elderly victim who disclosed that mother’s situation would now return
she had been broken into on two to some normality; the conference
prior occasions. The victim talked provided a forum for the female
about living in fear for about two offender and her mother to deal with
months. She was distressed about a number of outstanding issues.
the loss of a wooden box her brother
gave her when she was fourteen. The It would not have been possible to
victim’s daughter spoke about her address the victim’s concerns if this
concern for her mother over the past matter had been sent to court. The
few months. young offenders would not have been
confronted in court about many of
The mother of the female offender the issues dealt with in the confer-
noted her daughter had not lived at ence. The conference brought togeth-
home for about two years. There was er members of two offenders’ families
considerable emotion between the with a history of difficulty and
The results of front line offender, her sister and mother over enabled them to deal with issues in a
diversion programs like many issues. The conference partici- positive and constructive manner.
conferencing can be pants were moved by the anguish
dramatic. While shown by the elderly victim. The Conferencing - How it Got
Canada’s average rate discussion on the $400 compensation
of youth court cases per Started in Australia
resulted in an arrangement whereby
1000 is 53.1, the court
appearance rates in the the two offenders would make repay-
Among others, Police Sgt. Terry
four most populous ments each fortnight into a bank
O’Connell wanted a different,
states of Australia vary account nominated by the victim’s
between 14.8 (Victoria) more satisfying justice interven-
daughter. Both offenders agreed to
and 23.7 (New South tion for youth in conflict with the
undertake 20 hours community
Wales). law. He knew well the typical
work. The female offender was to
court room scene where the
work with her mother with a local
young person sat with his or her
scout group (her mother was doing
legal advocate, the only dialogue
community work there as a result of
occurring between the judge,
a court appearance for social welfare
crown and defence lawyers. The
fraud). The male offender was to
average proceeding in most cases
work at the St. Vincent de Paul
was 15 minutes and the only time
Society.
the young person was involved is
when the judge asked him or her
As the elderly victim was leaving,
to stand up in order to be told
she summoned the sergeant saying,
that they had broken the law. “In
“Thank you, I now feel safe”.
what way has this intervention
contributed to the young person
The outcomes of the conference were:
not re-offending?” he wondered.
offenders apologized to the victims;
“How can young persons be
they agreed to pay compensation;
expected to accept responsibility
they agreed to undertake 20 hours
for their behaviour when general-
community work; the victim stated

69 Satisfying Justice / Church Council on Justice and Corrections

ly they have no idea of conse- How does it work?
quences, apart from understand-
ing that they are in court because Conferences are viewed as a more
of what they did?” formal and far more effective
form of cautioning than a mere
Its Results police warning. The cautioning
conference model involves police
There are statistical data which in a more central role than New
measure in a limited way some of Zealand. They determine
the more tangible conference out- whether a particular offender will
comes. There has been a nearly receive a warning, be involved in
50 per cent reduction in the num- a conference or proceed to court.
ber of young offenders before the These decisions are made by a
court. The recidivism rate for review board of senior police.
those experiencing a conference This arrangement was an impor-
in Wagga Wagga is less than five tant step towards securing police
per cent. Seventy to eighty-five support of the program. Confer-
per cent of young people who are ences are coordinated by police
cautioned do not come to the and held at several locations,
attention of the police a second including police stations.
time. In excess of ninety per cent
of all conference agreements are The Australians actually have
completed. Offender, victim and several different adaptations of
police satisfaction is high and family group conferencing oper-
there is considerable reduction in ating in at least five states, in
workload for juvenile justice some areas using conferencing for
workers. adults as well. Generally, their
model is geared more to the reso-
The Australian pioneers of con- lution of a specific event,
ferencing list other benefits which although there is the assumption
cannot be measured. They that broader community interests
include: the recognition by young may also be better served. Unlike
offenders that there are people New Zealand, there is no private
who are concerned about their phase to the conference for the
well-being; the empowerment of offender’s supporters to gather to
parents and others with an recommend a plan.
opportunity of accepting collec-
tive responsibility and account- The heart of a conference is the
ability; and victims are provided stories of participants. The
with a positive role in assisting offender gives his own story first,
young offenders and their fami- at times assisted by helpful ques-
lies to deal with the consequences tions from the coordinator. The
of crime. victim follows. The coordinator
asks the first set of questions in
response to each of the stories

Satisfying Justice / Church Council on Justice and Corrections 70

 and then other conference partici- Government and private studies
pants interject. Questions to the cite the over-involvement of abo-
offender are intended to get a riginal youth in the criminal jus-
recognition and acknowledge- tice system. Although aboriginal
ment of the effects of the behav- children and youth account for
iour, and to the victim, to estab- only 15 to 20 per cent of the pop-
lish the harm done. ulation in the province, 72 per
cent of youth in custody are abo-
Contact: riginal, 45 per cent of the commu-
Sgt. Terry O’Connell nity youth caseload is aboriginal
Police Association of New and only 35 per cent of aboriginal
South Wales
youth receive current alternative
Level 4, 154 Elizabeth Street
Sydney, N.S.W. 2000
measures. If the current rate of
Tel. (02) 283-5567 demand continues, Saskatchewan
Fax (02) 283-5589 Social Services estimates that an
additional 105 youth custody
beds will be needed by 1999.
That is the equivalent of one large
new facility costing $8 million.
Family Group
Conferences -Aboriginal Kwêskohtê wanted a different
Youth approach than custody. Co-ordi-
Regina, Saskatchewan nators assisted by aboriginal
elders facilitate reconciliation and
reparation processes. Up to 15
Kwêskohtê, a Cree term meaning
youth can be handled by
approximately “walk a straight
Kwêskohtê, a central condition
path”, offers aboriginal youth in
being that the youth is willing to
Regina a pre-charge option
take responsibility for his or
through a family conference
offence.
approach, diverting youth for
“minor types of serious
The justice conference is a tool of
offences”. This pilot program of
empowerment, first for youth and
the Young Offenders Diversion
their families to take responsibili-
project is particularly innovative
ty for his or her actions. It
in its decision to handle more
empowers victims to move for-
serious offences than tend to get
ward from incidents that have set
diverted. Charges for prostitution
them back. Victims can express
or soliciting, theft over, break and
what they have experienced as a
enter, and common assault are
result of the offence and recom-
being referred to family confer-
mend what they feel would be
ences.
appropriate and suitable redress
for their circumstances arising
from the offence. Options for vic-
tims include a personal or written

71 Satisfying Justice / Church Council on Justice and Corrections

apology, personal service to the Family Group
victim or community service on Conferences,
behalf of the victim, compensa-
tion, replacement or restitution or
United States
a charitable donation. It also
empowers the community to be a The Australian innovators of
part of justice processes which police-based family group confer-
reintegrate youth as contributing encing have already trained hun-
members of society. dreds of U.S. and Canadian
police, social services workers
The youths responsible for the and educators in family group
crime agree to counselling and conferencing during four training
cultural activities with elders, sessions in North America.
structured activity within the Initially, these conferences tend to
home, school or community envi- be recommended for more minor
ronment. They agree to partici- offences. As police, Crown and
pate in programs and services to public confidence in conferencing
address their needs. They com- increases, there is every reason to
plete the agreement in order to believe officials will divert more
avoid charges and court appear- serious offences which would
ances. have resulted in incarceration. As
an example, we cite one Vermont
Contact: family group conference. We also
Kwêskohtê give additional addresses, first for
Regina Friendship Centre Real Justice, a program dedicated
Corporation to bringing Australian family
1440 Scarth Street group conferencing to North
Regina, Saskatchewan
America, and also for a
S4R 2E9
Tel. (306)525-5459
Minnesota police officer who has
Fax (306) 525-3005 done more than 23 conferences
for incidents ranging from
shoplifting to racial bias crimes.

Assault in a Vermont High

School

A 17-year-old student physically

assaulted another student in the hall-
way outside the guidance office of
our high school. The investigation
revealed that the offender was upset
about a non-school-related matter.
He had walked out of a classroom
and apparently happened upon the
victim, a fifteen-year-old boy, in the
hallway outside the guidance office.

Satisfying Justice / Church Council on Justice and Corrections 72

 The boys did not know each other. that he recognized his need for profes-
The older boy simply assaulted the sional help. He understood that what
younger one because he was in his he had done was wrong and that he
way. The younger boy did not would not be allowed to return. The
require medical attention but was victims expressed their satisfaction
clearly roughed up and shaken by with this process because it allowed
what had happened. He was knocked them to participate in determining
to the ground and did receive some consequences that were meaningful to
bruises. More significant was the everyone. Most importantly, the boy
fear this boy harboured; a fear that who had been attacked, his parents,
was shared by others, including his the guidance secretary and others left
parents. This incident was witnessed the conference with greater confidence
by the secretary in the guidance that their school is a safe place.
office. She reported the attack. The
secretary was also frightened by the As a result of this conference, no
incident. Her fear was heightened criminal charges were laid. The boy
even more when she learned that the was suspended rather than expelled
attack was unprovoked. The ques- and there was a tutoring program put
tion for her own safety and that of in place.
everyone else in the school added to
the level of anxiety. Contact:
Rick Ebel
The consequence for the offender was Assistant Principal
immediate suspension from school South Burlington High School
550 Dorset Street
with a recommendation for expulsion.
South Burlington,
In addition, the family of the victim Vermont 05403
was preparing to press criminal Tel. (802) 658-9001
charges. Fax (802) 658-9029

The Family Group Conference that REAL JUSTICE

P.O. Box 500
was organized involved the following
Pipersville, Pa. 18947
individuals: the victim and his par- Tel. (215) 340-9922
ents; the offender; his foster mother; Fax (215) 348-1563
social worker; a school counsellor; a
teacher from the high school; and the Al Campbell
guidance office secretary. Anoka Police Department
2015 Ist Ave. No.,
Anoka, Minnesota 55303
The significant outcome of this confer- Tel. (612) 421-6632
ence was in allowing the offender to Fax (612) 422-2092
face the people who had been affected
by his actions. It allowed each of the
victims and their supporters to tell the
offender how they felt. The offender
apologized and was given the oppor-
tunity to convey to every one present

73 Satisfying Justice / Church Council on Justice and Corrections

Family Group Decision- committed abuse did not or could
Making Project, not deny it....With their entire
family and closest supports pre-
Newfoundland and sent, the offenders could not play
Labrador one group off against another.
Moreover, it should not be
Nain, an Inuit community in assumed that abusers do not
Labrador, and Port au Port want help; a case in point is one
Peninsula and St. John’s regions man who not only admitted to
in Newfoundland, tried a non- the abuse, but the referral to the “It’s hard to maintain
judicial version of family group project was actually initiated by the denial when con-
conferencing as part of an innova- him.” fronted with clear evi-
tive family violence pilot project. dence about the abuse
Any family referred to the project and when your whole
There was no direct impact on family is sitting in a
was brought together with their circle listening to what
incarceration in the Family extended family and other signifi- you did.... During the
Group Decision-Making Project cant social supports to work out a conferences, most peo-
because those who abused still plan to stop the abuse or ple who had committed
went to court and possibly jail, neglect.... “The aim of the Family abuse did not or could
depending on their sentence. not deny it....With their
Group Decision-Making Project
entire family and clos-
However, there was a judge in was to reduce violence by stitch- est supports present,
the Nain circuit who became ing ‘old’ partners together to the offenders could not
interested in the family group determine solutions, but now play one group off
decision-making approach and these ‘old’ partners - family, kin, against another.
found it relevant for sentencing. friends, community, and protec- Moreover, it should not
In some cases, once safety con- be assumed that
tive services - were to assume abusers do not want
cerns and family wishes were new roles, new configurations on help; a case in point is
addressed, escorted prisoners working together.” one man who not only
attended the family group confer- admitted to the abuse,
ence. The conferences were able Contact: but the referral to the
to deal with much of the harm Gale Burford and Joan Pennell project was actually
initiated by him.”
and needs not addressed in a Memorial University of
courtroom. The project’s final Newfoundland
School of Social Work
Family Group
report noted: “It’s hard to main- Decision-Making
St. John’s, Newfoundland
tain the denial when confronted A1C 5S7
Project program
with clear evidence about the Tel. (709) 737-8165
report
abuse and when your whole fam- Fax (709) 737-2408
ily is sitting in a circle listening to
what you did.... During the con-
ferences, most people who had

Satisfying Justice / Church Council on Justice and Corrections 74

 4. Community Sentencing Panels and
Youth Justice Committees

Introduction on responsibilities. Issues get

examined and thought through
There are quite a number of with the benefit of local knowl-
“community sentencing” initia- edge. Things happen in ways
tives happening in our country that surpass those of the tradi-
that have considerable potential tional Justice System. Behaviours
for a more “satisfying justice”. change. Reconciliation with the
They take many forms, including community occurs. Community
Community or Youth Justice sense of security is enhanced.
Committees, accountability com- Clearly, Justice Committees are a
mittees, corrections committees, method of enabling the people of
sentencing panels etc. Whatever a community to become engaged
form they take, most involve citi- in the belief that they have some-
zen volunteers or elders who thing to contribute. Arguably,
often rely on such restorative that is the foundation of individ-
measures as restitution, repara- ual, family and community
tion, mediation and victim health.” (Roger Bates, Manitoba Justice
involvement. They can also deal Committees)
with the social conditions con-
tributing to the crime. These
community justice initiatives are Teslin Tribal Justice
operating in both aboriginal and Project - Sentencing
non-aboriginal communities,
serving adults as well as youth
Panel, Yukon
depending on their mandate.
A Story
A Manitoba report on the devel-
opment of youth justice commit- In 1991, a 42-year-old man pleaded
tees in that province summarizes guilty to the sexual assault of his
the evolution and potential for 13-year-old daughter, indecent
these various initiatives. “Justice assault of another daughter and hav-
committees typically evolve slow- ing sexual intercourse with a 13-
ly, gaining momentum with expe- year-old foster child. He would have
rience and time. A common expected to receive a prison sentence.
beginning involves one or some- After this plea, the man took treat-
times a few individuals recogniz- ment for his alcohol problems, joined
ing that the capacity to solve educational sessions on sexual abuse
problems in the community exists as far away as Winnipeg, as well as
within the community itself..... attending a weekly “teaching circle”
People get involved. They take run by the community. When the

75 Satisfying Justice / Church Council on Justice and Corrections

time came for sentencing, the Crown The community itself, and the sen-
was the only party that requested tencing panel also favoured a com-
punishment, while the sentencing munity disposition, as reported by
panel recommended a community Judge Lilles:
disposition. Judge Heino Lilles was
sitting at Circuit Court at this time. “Chief Keenan emphasized that
The man’s wife was a victim of sexu- the Tlingit attitude towards the
al abuse and initially felt anger, sexual abuse of children is that
betrayal and guilt at her husband’s it is not condoned or tolerated.
behaviour but took a different posi- He stated that there is no room
tion at the time of sentencing. in their society for this kind of
According to Judge Lilles: activity. He testified that the
Tlingit focus is not on the
“Mrs. P. gave evidence of how removal of the offender from the
the disclosure affected her, but community but on the healing
also her observations of the of both victims and wrongdoer
changes in her husband during within the community... The
the past year. They have talked offender, victims and the rest of
openly about the problem, the family must be brought
including the need for both of together in the ‘healing circle’ in
them to get alcohol treatment. order to ‘break the cycle of
They went to treatment together abuse’ which would otherwise
and both of them, along with the tend to repeat itself from one
eldest daughter, attend the ‘heal- generation to another.”
ing circle’ on a weekly basis.
She described the positive After learning of the community’s
changes in their relationship approach to this kind of offence,
since the disclosure, including Judge Lilles said in his judgment:
open communication, honesty
and truth in their relationship “It is of interest that it has been
and the courage to stand up and only relatively recently that pro-
admit that he is an offender. fessional psychologists and
Both mother and daughter sup- social workers have begun to
port the clan recommendation fully appreciate the devastating
for a community disposition, impact of this cycle of abuse.
feeling that ‘jail will stop the Tlingit custom and tradition
healing that has been going on’, have apparently recognized it
and that the father is an ‘inte- for centuries. Moreover, as our
gral part of the healing process criminal law focuses primarily
for herself’.” on the offender, it is unable to
effectively deal with victims,
family or the community of the
offender.... They have asked for
a culturally relevant disposition
which would be supportive of
family healing, which would

Satisfying Justice / Church Council on Justice and Corrections 76

 denounce abuse of children Project Description
within the community, and
which would encourage other The Teslin Justice Project began in
victims and offenders to come 1991 in the community of Teslin
forward for treatment and reha- located in the southern area of the
bilitation.” (Please refer to com- Yukon along the Alaska highway.
mentary on circle sentencing on The population is primarily abo-
page 89 for relevant cautions riginal with the Teslin Tlingit Band
about this process vis-à-vis having approximately 700 mem-
women who risk further victim- bers. An Elder from each of the
ization in these community- five Tlingit bands sits with the
based justice processes unless Territorial Court Judge and advis-
adequate safeguards are put in es on dispositions that directly
place.) affect members of the community.
In addition to participating in the
When passing sentence, Judge Lilles court proceedings, the Elders play
agreed with the panel’s recommenda- an important role in developing
tions and commented: community based justice and
alternative dispositions for the
“In this case I have heard evi- court to use. According to one
dence about the humiliation community leader, “our tribal jus-
which accompanies disclosure of tice system allows our Elders, who
an offence like this in a commu- know the offender well, to delve
nity the size of Teslin. ‘First, more deeply into the underlying
one must deal with the shock issues of the offender’s behavioral
and then the dismay on your problems and then reflect their
neighbours’ faces. One must concerns in the sentence
live with the daily humiliation, imposed.” This project allows
and at the same time seek for- people to re-identify with their tra-
giveness not just from the vic- ditional ways and helps to devel-
tims, but from the community op a more effective justice system
as a whole.’ For, in a native cul- that is sensitive to the needs and
ture, a real harm has been done aspirations of their community.
to everyone. A community dis-
position continues that humilia- Through this project, the Court is
tion, at least until full forgive- seen as being a part of a communi-
ness has been achieved. A jail ty process and the offender is held
sentence removes the offender accountable before the Court and
from this daily accountability, the community as a whole. A
may not do anything towards Band Council member explains
rehabilitation, and for many will that “out of it, the offender gets
actually be an easier disposition the feeling that he’s part of the
than staying in the communi- community and is responsible and
ty.” has an obligation to the communi-
ty.”

77 Satisfying Justice / Church Council on Justice and Corrections

The Teslin tribal justice project is The Teslin Tribal Justice Project
available to all residents in the also includes the Healing Circle, a
community and does not exclude community initiative developed
any kind of offence. The Elders to bring residents together on a
know the offender well and are voluntary basis to discuss their
able to discuss with the members problems. Victims, offenders
of their clan what types of dispo- their families and other commu-
sitions would be recommended to nity members participate by sit-
the court; as a result, most every- ting in a circle and discussing
one in the community is aware of openly their concerns and feel-
the offender’s behaviour in the ings, in a way similar to group
community. After hearing the therapy. These circles operate on
final comments of the Judge, the an informal basis with the only
Elders retire to discuss their rec- resources being the people them-
ommendations, which must be selves, and tend to be sponta-
arrived at by consensus. This neous events advertised by word
process allows the Elders to reas- of mouth.
sume their traditional role of dis-
pute resolution in the community Contact:
and demonstrate the wisdom and Georgina Sydney
guidance they possess to the com- Box 133
Teslin, Yukon
munity, thereby helping to
Y0A 1B0
rebuild the respect for traditional Tel. (403) 390-2532
ways. Fax (403) 390-2204

Dispositions recommended by
the Clan leaders are intended to
reflect the concerns and cultural
values of the community and be
rehabilitative in nature, generally
being a probation order with rec-
ommended conditions attached.
This reflects the aboriginal view
of a wrongdoing being like an ill-
ness in the community that must
be healed in the community as
part of a holistic healing process.
According to one Band Council
member, “there is no such thing
as a dispensable Tlingit person”
and the potential value of every
person, including offenders, is
recognized.

Satisfying Justice / Church Council on Justice and Corrections 78

 Wabasca Justice Slave Lake Sentencing
Committee, Alberta Panel, Alberta

A Story A Story

The hearing started with a prayer The young offender was non-native
and was carried out in Cree, the first and the proceedings were in English.
language of all present, except the There were three sentencing panel
police officer who read out a police members, one of whom was Native.
report on the offence. The offence The other two were non-Native.
was drinking and driving related and Each member introduced themselves
the officer remained for the rest of the to the young offender who was
hearing. Information from probation charged with a property offence and a
services was read out by the court personal offence. Information was
worker, who also took notes and pro- presented by an RCMP officer (who
vided various kinds of legal informa- promptly left), and received by fax
tion. The sentencing panel members, from probation services (and read by
who knew the offender and his family the court worker). The young
quite well, commented on efforts of offender was asked his version of the
other family members to remain event and questioned about certain
sober, the important financial role the things in the police report. His
young man played in the family, his father was then called in and asked
past misbehaviours and told him that about the boy’s upbringing. Both the
his driving frightened many commu- young offender and his father got
nity members. His respect for the severe tongue-lashings from one of
sentencing panel members was evi- the sentencing panel members. After
dent throughout the hearing. He discussion with the boy and his
was asked various questions and father, consensus was reached. The
eventually asked how he felt about young offender was sentenced to
the recommended sentence. He make restitution, to apologize to the
seemed very relieved and said he victim, and to attend school regular-
agreed with it. At the end of the ly or to find a job. His father
hearing, each panel member gave the thanked the sentencing panel and
offender a hug. It was easy to see said his boy would be okay, thanks to
that the young man was moved. their help.

Contact:
Native Counselling Youth Justice Committees
Services of Alberta
800 Highfield Place
10010 106 St. Youth Justice Committees have
Edmonton, Alberta been in operation in Manitoba
T5J 3L8 since 1975 and in Alberta since
Tel. (403) 423-2141 1990 and are also being devel-
Fax (403) 424-1173
oped in other provinces. For
example, they are responsible for

79 Satisfying Justice / Church Council on Justice and Corrections

the alternative measures program Youth Justice Committees are
in Newfoundland. mandated by the Young
Offenders Act at s. 69 which
They are a reminder that many states that they may assist “in any
communities still take responsi- aspect of the administration of
bility for straightening out their this Act or in any programs or
own members who have prob- services for young offenders”.
lems. Manitoba officials report The two most common models
they have been effective in recon- for these committees focus on
necting offenders with family, either sentencing or pre-court
school, peers or the community diversion. As a sentencing panel,
itself. It is community members the committee interviews those
who can keep an eye on others relevant to the offender and the
during everyday routine, help incident and then makes a recom-
them with their problems and put mendation to the court judge.
pressure on wrong-doers to One disadvantage is that the
change their behaviour. Many of youth still gets a criminal record.
these communities believe jail is The pre-court diversion option,
not the answer for these youth in on the other hand, bypasses the
conflict with the law. They judge and avoids a record. Youth
would learn further criminal Justice Committees may also get
behaviour there. The community involved in monitoring the
would rather keep the youth at progress of offenders and under-
home and in their midst, believ- taking community education in
ing they are less inclined to com- crime prevention.
mit crimes if they have to answer
to members of their own commu- Contact:
nity. Roger Bates
Council Coordinator
Provincial Council on
Youth Justice Committees are a
Youth Justice
group of anywhere from eight to Manitoba Justice
fifteen volunteers who meet 8th Floor, 405 Broadway
together to look at social and jus- Winnipeg, Manitoba
tice issues within the community. Tel. (204) 945-0973
Typically, committee members Fax (204) 945-5537
include teachers, police, parents,
Wanda Penney
youth, seniors, other profession- Division of Youth Corrections
als, business people, trades peo- Department of Social Services
ple, members of various cultural P.O. Box 8700
or ethnic groups, and other inter- St. John’s, Newfoundland
ested citizens. For the most part, A1B 4J6
Tel. (709) 729-2480
they form around a particular
Fax (709) 729-0583
geographic community, e.g.
reserves, small rural communities
or a city district.

Satisfying Justice / Church Council on Justice and Corrections 80

 Elders’ Justice Committee Russell Heights
Fort Resolution, Community Justice
Northwest Territory Committee
Ottawa, Ontario
The community of Fort
Resolution under the direction of An Ottawa neighbourhood has
Sub-Chief Danny Beaulieu formed a community justice com-
formed a six member Elders’ mittee to promote more meaning-
Justice Committee in January, ful, effective, speedier and com-
1995. The committee attends all munity-based responses to crime,
Justice of the Peace sittings in the starting with youth in conflict
community and advises the court. with the law. The Russell
Beaulieu is a local Justice of the Heights Community Justice
Peace as well. This is working Committee is founded on the
out quite well and they hope to principles of restoration, not retri-
form a Youth Justice Committee bution. Still in its initial imple-
in the future. mentation stage, the committee
hopes to receive referrals from
Contact: police or Crown and is open
Danny Beaulieu eventually to dealing with adults
P.O. Box 1899 as well. The committee consists
Fort Resolution, NT
of seven members, including
X0E 0M0
Tel. (403) 394-4335
three residents, one from South
Ottawa Community Legal
Services, one from South-East
Ottawa Centre for a Healthy
Community, a Crown Attorney
representative and a Probation
Services (Youth) official.

The committee wants to involve

in its sentencing process people
with some degree of connection
to an offender, so that collectively
they can make a decision recom-
mending the most suitable
expression of justice for the per-
son. Depending on the recom-
mended sentence, this committee
would then also be involved in
supervising the sentence and sup-
porting the offender.

81 Satisfying Justice / Church Council on Justice and Corrections

The Russell Heights community
is a subsidized, low-income fami-
ly housing project for some 700
residents, including 500 young
persons under the age of 21.
Without exception, all residents
are either receiving social assis-
tance or are working poor. The
majority of families are sole-par-
ent households usually headed
by women, with over half the res-
idents being new Canadians who
have immigrated within the past
ten years.

Contact:
Douglas Henderson
South-East Ottawa Centre for a
Healthy Community
225 - 1743 St. Laurent Blvd.
Ottawa, Ontario
K1G 3V4
Tel. (613) 521-9100
Fax (613) 521-2354

Satisfying Justice / Church Council on Justice and Corrections 82

Section Three: Satisfying Justice

A selection of initiatives that attempt to

avoid the use of custody, with or without some
reparative elements

Satisfying Justice / Church Council on Justice and Corrections

Contents
A selection of initiatives that attempt to avoid the use of custody, with or
without some reparative elements

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86

1. Diversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Nova Scotia Adult Diversion Project, Dartmouth and North Sydney . . . . . . . . . . . . . . . . . . . . . 89
Community Council Diversion Project - Aboriginal Legal Services, Toronto . . . . . . . . . . . . . . . 91
The Court Outreach Project: Helping the Mentally Ill Offender, Ottawa . . . . . . . . . . . . . . . . . . 92
A Community Alternative to Jail for Sexual Offences, Canim Lake, B.C. . . . . . . . . . . . . . . . . . . 94
The Micmac Diversion Council of Lennox Island, Prince Edward Island . . . . . . . . . . . . . . . . . . 95
E.V.E. (Entraide vol à l’étalage - Stoplifting), Montréal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Youth Mediation Diversion Project, Shaunavon, Sask. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Alternative Measures Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

2. Curative Discharge Program - Yukon Territories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

3. Community Service Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106

Community Service in Nova Scotia - Some Success Stories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Youth Alternative Society, Halifax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Travaux communautaires (Community Service Orders), Québec . . . . . . . . . . . . . . . . . . . . . . . . 107
Community Service Orders - An International Perspective
Sentencing to Service, Minnesota . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Community Service, Norway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Community Service for Adults and Juveniles in the Netherlands . . . . . . . . . . . . . . . . . . . . . . 111
Community Service, Zimbabwe and Swaziland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112

4. Intensive Supervision Probation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113

Legal Aid Youth Office Project, Edmonton and Calgary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Community Reparative Probation Program, Vermont . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
The Dos Pasos Project for Pregnant and Addicted Women, Arizona . . . . . . . . . . . . . . . . . . . . . . 116
Alternative to Custody Program for Youth, Kitchener-Waterloo, Ont. . . . . . . . . . . . . . . . . . . . . 117
Second Chance - Restitution, Lloydminster, Alberta and Saskatchewan . . . . . . . . . . . . . . . . . . . 118
Intensive Intervention Program, St. John’s, Nfld. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Eastwood Outreach Program, Edmonton, Alta. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Rideau Street Youth Enterprises, Ottawa, Ont. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Sober Streets, Kitchener-Waterloo, Ont. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Repeat Impaired Driving Project, Prince Edward Island . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Adolescent Addictions Program, Prince Edward Island . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Multi-Agency Preventative Program (MAPP) for High-Risk Youth, Brandon, Man. . . . . . . . . . 125
Assessment, Intervention, Monitoring Program (A.I.M.), Brandon . . . . . . . . . . . . . . . . . . . . . . . 126

Satisfying Justice / Church Council on Justice and Corrections

5. Family Preservation Model . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
Family Preservation Program, La Ronge, Sask. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Community Support Services, St. Lawrence Youth Association, Kingston . . . . . . . . . . . . . . . . . 128
U.S. Family Preservation Programs
The Simpsonville South Carolina Family Preservation Project . . . . . . . . . . . . . . . . . . . . . . . . 129
The Family Ties Program, New York City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130

6. Alternative Placement/Residential Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130

Opportunities for Independence: The Developmentally Disabled, Winnipeg . . . . . . . . . . . . . . 130
Community Homes Program, Saskatchewan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
Expansion-Femmes de Québec, Québec City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
Maison Thérèse-Casgrain, Montréal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Residential Program for Adolescent Sexual Offenders, Ottawa . . . . . . . . . . . . . . . . . . . . . . . . . . 136
Maple Star Foster Care, Colorado . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
Youth Futures Residential and Day Attendance Program, Lower Fraser Valley, B.C. . . . . . . . . 139
El’dad Ranch for Mentally Handicapped Adult Men, Steinbach, Man. . . . . . . . . . . . . . . . . . . . . 140

7. Bail Option Programs and Administrative Sanctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141

Judicial Interim Release for Youth, Saskatchewan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
Ma Ma Wi Wi Chi Itata Centre , Winnipeg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Fine Option Program, Yukon Territory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Administrative Sanctions, Yukon Territory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144

8. Client Specific Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145

Sentencing Advocacy Services - U.S. National Centre on Institutions and Alternatives . . . . . . 146
Client Specific Planning, North Carolina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
Client Specific Planning, New Mexico . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146

Satisfying Justice / Church Council on Justice and Corrections

Introduction

This section presents a wider While these initiatives are helping

selection of initiatives that, for the to avoid custody for some individ-
most part, are focused primarily uals, they have not reduced the
on providing sentencing disposi- use of incarceration overall. They
tions that are in the better inter- are also “widening the net” in two
ests of the offender or the victim ways. They can be applied to
than a sentence to imprisonment. exercise greater coercion and con-
They tend to be offender-cen- trol on individuals who would not
tered, facilitating more effective otherwise be charged or sentenced
access to the health and social so severely. Some have also
services that are needed. Some become popular “add-ons” to
emphasize attention to family prison sentences, rather than a
and social environment. But few replacement for them; they “make
include attention to victim- sense” as a disposition, much
offender communication or repar- more so than jail, but justice offi-
ative and restorative concerns. cials are unable to let go of the
And few can be considered to be seductive appeal of imprisonment
truly involving the community at as a symbolic token of “tough
the grass-roots level; they tend to action” on crime. The use of these
be in the hands of agencies that measures has therefore had the
are surrogates for the community unfortunate effect of increasing
(although some draw on signifi- the bureaucracy and cost around
cant pools of volunteer citizens). crime, more than it has succeeded
in reducing reliance on incarcera-
Many of these agencies and ser- tion as intended.
vices are also severely overbur-
dened and understaffed; this can This need not be so. We have
greatly reduce their ability to pro- highlighted in this section the
vide the quality attention needed cases we found that best illustrate
for a disposition to be meaningful the effective use of these disposi-
and have credibility as an alterna- tions as genuine alternatives to
tive to a prison term in the mind custody in cases of a more serious
of the public. A more “restorative nature. The question must be
justice” approach, however, is repeatedly asked: why not more
beginning to emerge in some often? And each time incarcera-
highly innovative initiatives; this tion is tagged on and used any-
development could greatly way, it should be scrutinized more
enhance the ability of these mea- closely: for what purpose is this
sures to provide more satisfying necessary? On whom is it having
justice to the public. the desired effect? Is it truly
worth the extra cost, or could this
not be done some other way?

Satisfying Justice / Church Council on Justice and Corrections 86

 There are other reasons, of interventions whose impact on
course, why some of these alter- justice would be strengthened if
natives remain under-utilized. they reinforced more restorative
Ironically, while some in the pub- components and were used more
lic believe justice is “too soft”, boldly to replace imprisonment.
some offenders find the alterna- They differ from the initiatives to
tives to custody tougher than jail be found in section four in that
because they are not yet ready to they tend to be more clearly dri-
make the changes in their lives ven by attention to the specifics
demanded of them in some of of each situation and an attempt
these interventions; for example, to replace incarceration with a
they would rather do their time measure better suited to meeting
in jail and go back to their drink- the intended justice objectives - as
ing habits. opposed to being driven more
significantly by the institutional
Overall, the selection of initiatives need to relieve the pressure of
featured in this section represent overpopulated prisons.
some excellent and necessary

87 Satisfying Justice / Church Council on Justice and Corrections

1. Diversion

Introduction Diversion programs are criticized,

however, when they lead to more
Diversion allows people to take cumbersome procedures and also
responsibility and accept conse- increase the number of persons
quences for their wrongful behav- subject to sanctions and even
iour while at the same time increase the intensity of social
removing them totally or partially control. Sometimes, the measures
from the aspects of the criminal proposed by diversion programs
justice system which can have are either perceived as “soft” or
long-term stigmatizing and mar- irrelevant, although some offend-
ginalizing effects. In Canada, ers find the process much more
there are a host of pre-charge and demanding of them than the
post-charge diversion schemes impersonal courts. They will
available for youth, as well as an likely be more effective in provid-
increasing number for adults. ing “satisfying justice” the more
Police and/or Crown decide they are tailored to be meaningful
whether to divert a case. to the offender, the victim and the
circumstances surrounding the
The offender admits responsibili- crime.
ty for the alleged offence, then
meets with a diversion worker to
plan an appropriate response to
the offence such as verbal or writ-
ten apologies, restitution or com-
munity service work.

As a result of diversion, an indi-

vidual does not get a criminal
record, increasing the chances
that they will not offend again.
Diversion saves the courts time
and a great deal of money. It
frees up scarce justice resources
for the trial of serious offences.

Satisfying Justice / Church Council on Justice and Corrections 88

 Nova Scotia Adult Thus far this has worked very well
Diversion Project - for both the victim and offender. A
Justice Department probation officer
Dartmouth and North commented that this type of diver-
Sydney sion “will aid in the support of
restorative justice approaches becom-
A Story ing real options in the Criminal
Justice System”.
The offender is a 38-year-old
divorced mother of two children who Program Description
was in receipt of social assistance.
She was accused in a $14,000 social The adult diversion project pilot-
assistance fraud case. It was agreed ed in Dartmouth and North
between the victim and the offender Sydney in Nova Scotia has sever-
that restitution would be an accept- al key objectives:
able resolution. As is the procedure • to provide options for
with our program, the charge was improving efficiency and
laid (sworn) by police but not placed effectiveness in the handling
on the court docket. The police made of cases;
the referral directly to our staff, con- • to offer an option to the crimi-
tact was established with the victim nal justice system that is visi-
to determine their wishes/concerns ble, accountable and accessi-
and the offender was interviewed to ble to offenders, victims and
determine her interest in participat- the community;
ing in the diversion option. Follow- • to provide victims with the
ing an assessment interview with the opportunity to actively partic-
diversion (probation) officer regard- ipate in a process directed
ing the offence and the proposed reso- toward achieving a successful
lution of it, a written agreement was resolution to the incident;
signed by the client outlining her • to develop initiatives which
obligation to make monthly pay- promote responsible, pro-
ments of $100.00 each directly to the social behaviour on the part
social assistance office. of alleged adult offenders and
which are consistent with the
The offender had a part-time job but protection of society;
is highly motivated to acquire a bet- • to lessen the possibility of the
ter job and hopes to repay the restitu- offender repeating their crimi-
tion more quickly. If she fails to nal behaviour.
abide by the condition of the diver-
sion agreement, the matter will be Courts are backlogged with many
referred back to the police for process- relatively minor cases, causing
ing through Court. costly delays in proceeding with
more serious and violent cases.
Based on an analysis of 1993
cases, the Nova Scotia Justice

89 Satisfying Justice / Church Council on Justice and Corrections

Department estimated that as The diversion project is trying to
many as 600 cases in Dartmouth work out a protocol with the
Court could be diverted through Public Prosecution Service which
But criminal law is not
this project. In a preliminary eval- would allow for the direct referral the only means of bol-
uation of the project’s first seven from police of agreed upon stering values. Nor is
months, 180 cases were in fact offence types with perhaps more it necessarily always
diverted. The discrepancy serious offences being referred the best means. The
between projected and actual through Crown Attorneys. The fact is, criminal law is
a blunt and costly
referrals was explained partly by referral system has been very suc-
instrument - blunt
the continued declining of report- cessful thus far and there has because it cannot have
ed crime rates and changes in been no evidence of “net widen- the human sensitivity
police charging policies for several ing” or any abuse of offenders’ of institutions like the
minor offences. rights. family, the school, the
church or the commu-
nity, and costly since it
Cases are referred by police to the The options available for resolu- imposes suffering, loss
probation officers operating the tion of cases include restitution, of liberty and great
diversion project. The referral is letters of apology, volunteer com- expense.
directly from police, with Crown munity service work, personal
Attorney consultation only in service to victims and/or charita- So criminal law
must be an instru-
those cases where the police con- ble donations. Should the
ment of last resort.
sider it advisable or where diver- offender fail to complete the It must be used as
sion personnel feel it is required. agreement, the matter will be little as possible.
returned to court for processing. The message must
One issue which has arisen as a not be diluted by
result of the police referral While an early evaluation study overkill - too many
laws and offences
approach is related to the provi- indicates that most cases being and charges and tri-
sions in Bill C-41, Section 717 referred concern shoplifting and als and prison sen-
(Alternative Measures) which minor assault, the fraud charge tences. Society’s
Parliament recently passed. It is cited above illustrates the poten- ultimate weapon
framed similarly to provisions in tial for even more serious cases must stay sheathed
as long as possible.
the Young Offenders Act which being diverted. As people experi-
The watchword is
seem to require referral to proceed ence satisfying justice through restraint - restraint
through Crown Attorneys or diversion, public and professional applying to the scope
agents of the Attorney General. confidence in diversion is bound of criminal law, to
Police can act as agents of the to increase. the meaning of crim-
Attorney General but other play- inal guilt, to the use
of the criminal trial
ers in the system feel safeguards Contact: and to the criminal
for the offender could be reduced Ms. Janis Aitken, sentence.
if the Crown is not involved in Senior Probation Officer
scrutinizing the referrals. Suite 112 - 277 Pleasant Street Law Reform
Dartmouth Professional Centre Commission of
Dartmouth, Nova Scotia Canada, Our
B2Y 4B7 Criminal Law
Tel. (902) 424-5350
Fax (902) 424-0705

Satisfying Justice / Church Council on Justice and Corrections 90

 British Columbia has operated an diverted through the project
adult diversion project on have already been to jail before.
Vancouver Island and the Lower Assault, soliciting, minor proper-
Mainland since the 1970s; the ty and petty fraud offences are
program has recently been the most common charges being
expanded to include the entire diverted.
province.
“The concept of the Community
Contact: Council is not new,” a program
Barry Lynden description states. “This is the
Analyst - Adult Community way justice was delivered in
Services
Native communities in Central
B.C. Corrections Branch
7th floor, 1001 Douglas St.
and Eastern Canada for centuries
Victoria, B.C. before the arrival of Europeans to
V8V 1X4 North America. It is also the way
Tel. (604) 356-7521 that disputes continue to be infor-
Fax (604) 387-5698 mally resolved in many reserve
communities across the country....
We know that the current system
does nothing but provide a
Community Council revolving door from the street to
the jail and back again for most
Diversion Project -
native accused.”
Aboriginal Legal Services
Toronto, Ontario This diversion project occurs at
the “front end” of the justice sys-
The Community Council Project tem. The native approach it rec-
of Aboriginal Legal Services of ommends is quite similar to cir-
Toronto allows the native com- cles or community or elders’ pan-
munity in Canada’s biggest city els which are taking place at a
to take a measure of control over later point, i.e. at the time of sen-
the way the criminal justice sys- tencing. After the Crown consents
tem deals with native offenders. to the diversion, the individual is
Rather than a court trial and required to consult with defence
criminal record, an accused per- or duty counsel to have the
son who admits responsibility for Council process explained, in-
an offence receives an alternative cluding potential sentences and
type of sentence such as restitu- consequences for not complying
tion, community service, coun- with them. Those who feel they
selling or treatment. Any option are not guilty of the offence are
but jail is available to those con- urged to go to trial. If the accused
ducting a Council hearing as they agrees to have the case diverted,
begin the healing process neces- charges are stayed or withdrawn
sary to reintegrate the individual by the Crown.
in the community. Most being

91 Satisfying Justice / Church Council on Justice and Corrections

The project acknowledges that The Court Outreach
realistic and meaningful sen- Project - Helping the
tences will depend on adequate
resources in the community;
Mentally Ill Offender
because many agencies are Ottawa, Ontario
already stretched in serving
clients, any expansion of the pro- A Few Stories
ject will be guided by available
resources. In Toronto, an elderly man who was
nabbed for “theft under” is visibly
If an individual does not comply confused during his first court
with a decision of the Council, appearance to face the charge. A
they are asked to reapppear brief adjournment is called while a
before the Council to explain community therapist does a quick
themselves. A person who fails assessment and determines the man
to comply with a decision is not is exhibiting some signs of dementia.
allowed to use this option again. A longer adjournment is granted and
Charges, however, are not laid the therapist works closely with the
again if a person does fail to com- man, finds him a bed in a nursing
ply with an order other than in home and treatment from a psycholo-
exceptional circumstances. gist. Back in court, the charge
Charges can be brought back if against the man is stayed as the
the individual failed to appear for crown concedes that a sentence and
the Council hearing. record will do neither the man nor
society any good. The community
Contact: worker keeps in touch with him.
Patti McDonald
Community Council
Coordinator
In Ottawa, Sgt. Paul Taylor, a police
Aboriginal Legal Services of court liaison officer with expertise in
Toronto dealing with the mentally ill offender,
97 Spadina Avenue sees a problem brewing in John’s life,
Toronto, Ont. one likely to end up in the courts.
M5T 2C8
John is a 42-year-old male who has
Tel. (416) 408-3967
Fax (416) 408-4268
been diagnosed as developmentally
delayed and schizophrenic. John has
been living at a local shelter for men
for almost eight years and Sgt.
Taylor is concerned that he is being
exploited by other residents; he also
is familiar enough with him to sus-
pect John will get into trouble with
the law in the near future in order to
secure attention and help. It has
been his history before to do just that
and end up with police charges.

Satisfying Justice / Church Council on Justice and Corrections 92

 Through Sgt. Taylor’s initiative, an to cope with little formal commu-
outreach worker in a pilot court pro- nity support; some stop taking
ject met with John and helped him their medication.
find and move into a new residence.
He is reportedly adjusting well. The mentally ill person is referred
through the project to two out-
Program Description reach workers who help to
arrange for a shelter and perma-
nent housing. They also look
The Court Outreach Project pro-
after medical appointments, psy-
vides a much needed flexible
chiatric assessment and treat-
support service to individuals
ment, and contact with mental
who are psychiatrically disabled,
health workers. For the accused,
homeless or at high risk of being
it is an alternative to going
homeless and who are also in
through a trial or awaiting a psy-
minor conflict with the law.
chiatric assessment in the region-
al detention centre. In the past,
To date, only those charged with
minor charges could also be
minor offences qualify. These
dropped but only after several
include minor assault, vandalism,
court appearances. As well,
not paying at a restaurant or set-
because of bed shortages at a
ting fires to keep warm. The
local psychiatric hospital, some
Crown will still proceed with a
people were spending up to four
case when the crime is serious
weeks in jail waiting for assess-
such as homicide or assault with
ments. They were there often
a weapon, or if the person is
because they were too confused
believed to be a danger to the
to direct a lawyer for a bail hear-
community.
ing.
“They’re people who are in the
“Simply withdrawing the charge
criminal justice system because of
without a support net to fall into
their illness,” observes Crown
is not good enough,” says Berzins.
Attorney Andrejs Berzins.
“We’re trying to build some sort of
“.... The normal criminal sanc-
net for these people.”
tions don’t really make a lot of
sense to them.”
Contact:
Crown Attorney’s Office
Berzins began to notice an 3rd floor- 161 Elgin St.,
increase in the number of mental- Ottawa, Ont.
ly ill people in court - currently K2P 2K1
about 10 a week, triple what it Tel. (613) 239-1200
was three years ago. He predicts Fax (613) 239-1214
the numbers will continue to
One consequence of changes in
grow as the province closes more
the mental health system has
psychiatric hospital beds. These
been the movement of the men-
individuals, many homeless, try

93 Satisfying Justice / Church Council on Justice and Corrections

tally ill out of that system’s insti- A Community
tutions and into jails. Some juris- Alternative to Jail for
dictions and service providers are
addressing this and related prob-
Sexual Offences
lems of the mentally ill offender. Canim Lake, British
(See Winnipeg’s Opportunities Columbia
for Independence program near
the end of this section.) In British This diversion program was set
Columbia, as a follow-up to the up to deal primarily with sexual
Mental Health Initiative in 1987, assault and related offences.
an inter-ministerial committee Canim Lake is an aboriginal
surveyed mentally disordered reserve in northern British
persons with prior contact with Columbia which had been
the criminal justice system. The plagued by the problem of sexual
survey concluded individuals abuse. In the words of one
move across system boundaries; leader, imprisoning everyone
many in the community offended responsible would leave very few
again and a number were incar- men in the community. There
cerated again. The lack of com- was overwhelming support to
munity support exacerbated the have offenders undergo treatment
problem. Two projects address- and deal with consequences with-
ing these needs were initiated. in the community itself as an
The Mentally Disordered alternative to incarceration.
Offender Protocols initiative in Besides, as one Crown Attorney
1992 developed guidelines and explained, the community had
identified areas where protocols been “driven to diversion because
were needed to improve the coor- the strong arm of the law, which
dination of treatment services for people originally wanted to pro-
mentally disordered persons in tect them, had revealed itself to
conflict with the law. The goal be a safety net with too many
was to formulate a consistent, holes in it.” A pure law enforce-
efficient, coordinated and ment response to the problem
humane province-wide response. was too costly and ineffective,
The Inter-ministerial Project especially for isolated communi-
assists individuals in the criminal ties.
justice system who have psychi-
atric, behavioral or psycho-social After a study which revealed the
problems, helping them reinte- high rate of sexual abuse, the
grate into the community and native band hired consultants
improve their quality of life by who recommended it combine
reducing the number of rehospi- polygraph examinations and ther-
talizations and reincarcerations. apy to assist in monitoring and
treating sex offenders.

Satisfying Justice / Church Council on Justice and Corrections 94

 The polygraph has been a contro- The Micmac Diversion
versial aspect of the innovative Council of Lennox Island
program. There must be mutual
agreement among the victim,
Prince Edward Island
offender and Crown that the case
can be referred. Offenders sign a This project relies on the princi-
waiver agreeing to the use of the ples of “reintegrative shaming”
polygraph as part of their treat- and community involvement to
ment. They must submit to a keep people from reoffending.
police polygraph test in disclos- Reintegrative shaming is a phrase
ing present and past offences. coined by Australian criminolo-
This is viewed as a form of gist, John Braithwaite, to describe
“cleansing” and a step to initiate the positive process of denounc-
the process of community recon- ing a person’s behaviour without
ciliation. The first person referred rejecting the person, avoiding any
to the program in January, 1994 harmful stigmatization.
admitted during the disclosure
test to 21 additional sexual Lennox Island is located off the
assaults. It was determined he north coast of Prince Edward
had assaulted approximately 45 Island and is home to approxi-
victims. mately 300 native people. When
a person commits a crime, and
There was concern on the part of admits responsibility, he or she
police and Crown about what to meets with a local justice commit-
do when individuals admit to tee which includes an elder, a
unrelated serious violent offences young person, someone from a
which would normally be prose- single-parent family and someone
cuted. It is understood now that from a two-parent family.
offenders may be processed for- Together, they decide what the
mally if the serious offences they penalty will be. The Council
admit to occurred in other juris- members know the offender and
dictions off the reserve. want to impose a sentence which
will help the offender and satisfy
An integral part of Canim Lake’s the victim.
two-year pilot project is working
with victims. Again, as with the previously
described Toronto aboriginal pro-
Contact: ject, the Micmac justice project is
Canim Lake Band
an example of diversion and
Charlene Blue, William Boyce therefore at the front end of the
100 Mile House, B.C. justice system. Through the
B0K 2E0 diversion council, the community
Tel. (604) 397-2227 becomes aware of the crime and
Fax (604) 397-2769
is involved in its resolution. This
project has been underway for
over four years now and deals

95 Satisfying Justice / Church Council on Justice and Corrections

with mostly minor crimes such as E.V.E. (Entraide vol à l’é-
vandalism and other property talage - Stoplifting)
offences. Repeat offenders may
be eligible pending police
Montréal, Québec
approval. It encountered initial
problems related to youth on the A Story
reserve not wanting anything to
do with community justice. They This story concerns a 33-year-old
preferred the anonymity of the woman charged with shoplifting
city’s youth courts, a good dis- who was facing the prospect of
tance away from people who six months in prison because she
knew them. A project description had a previous record of nine
notes that “the threat of standing convictions for shoplifting and
before and being judged by one’s one for drunk driving.
own peers who know you and
your family is considered shame- Manon was very nervous when she
ful and generally more feared by was caught shoplifting from the
natives than being processed “Pharmacie Jean-Coutu”; she cried
under an alienating and deper- and begged the security officers not
sonalizing Canadian criminal jus- to call the police. This was not her
tice system.” It is a reminder first arrest, she was very familiar
that, on the one hand, genuine with the criminal justice process and
community justice must be sensi- she knew that, unfortunately, local
tive to these issues and, on the justice officials (judges and prosecut-
other hand, is perceived by some tors) were also becoming very famil-
as “tougher” in the sense that it is iar with her as well....
more challenging to the offender.
Despite her pleas, however, she was
This alternative system of justice charged with shoplifting goods for a
is intended to encourage the evo- value of $180.00 and she asked her
lution of a more effective justice lawyer what sentence she could
system which will be sensitive to expect if she pleaded guilty. When
the cultural and social needs and advised that the prosecutos intended
aspirations of the native people of to request six months in prison,
Lennox Island Manon was very upset. She is the
single parent of a two-year-old boy
Contact: and did not want to be separated
Diversion Council from him. At her insistence, her
Lennox Island lawyer promised to look into the pos-
Box 134 sibility of some alternatives.
Lennox Island, P.E.I.
Tel. (902) 831-2493
Fax (902) 831-3153

Satisfying Justice / Church Council on Justice and Corrections 96

 On the morning of Manon’s first had successfully completed its
court appearance, the liaison worker requirements.
for the E.V.E. (Stoplifting) program
was on duty as usual to inform all At her sentencing hearing, the judge
the women accused in courtroom #1 emphasized to Manon that partici-
of the Municipal Court of Montréal pating in the E.V.E. program had
of the existence of that program. allowed her to avoid a sentence of six
Manon listened with interest as the months in prison; she received a two-
worker explained that: year suspended sentence.

• the program is an alternative to In Manon’s own evaluation of what

prison sentences in cases of the program had meant for her, she
shoplifting; commented that meeting a woman in
• it is geared to women of 18 years her group who had already done
of age and over who are charged some time in prison made her realize
with shoplifting and who admit all the more how terrible that would
responsibility for the offence; have been for her and her child. The
• it consists of 12 weekly group worker had helped her find some
sessions of two hours each; practical ways to stop stealing. “For
• from a clinical point-of-view, the example, I now often go to the food
intervention aims to prevent bank in my neighbourhood.
repeat theft.
Before the program, I didn’t even
Manon asked to participate in the know it existed.”
program, her lawyer agreed and the
judge consented to a request that he Program Description
wait until the program was over
before ruling on sentence. Manon This diversion program for
met with one of the program workers shoplifters is run by the Elizabeth
who accepted her into the program Fry Society of Québec and is
which she followed from September 5 modelled on similar programs
to November 21, 1995. offered by the Elizabeth Fry
Societies of Calgary and Toronto.
In the course of the program, Manon
was particularly interested by the The program Entraide vol à l’éta-
discussions and the exercises done in lage originally received referrals
group. She thought a lot about the from a variety of social agencies
consequences of her behaviour, both to respond to the needs of women
personal and social, she drew up a experiencing a problem with
balance sheet of the advantages and shoplifting even though they may
costs of shoplifting and identified not have been in trouble with the
effective means she could use to stop law. After a year of operation it
herself from doing it again. At the began to specialize in offering an
end of the program, the worker for alternative to women who had
her group was able to advise the been through the courts and were
Crown and defense lawyer that she

97 Satisfying Justice / Church Council on Justice and Corrections

repeat offenders. In seven years, At the Municipal Court of
it has dealt with over 1,100 Montréal, a prosecutor is special-
women referred from the 27 ly assigned to liaise with the
municipal courts with whom it shoplifters’ program. Once the
has a service agreement. It has woman has been accepted into
been able to provide service to 72 the program, a meeting is held
groups thanks in part to a large with her and her lawyer to close-
number of volunteer profession- ly examine the file and to indicate
als who have donated their time. to the woman what sentence will
be suggested to the judge if she
The program varies according to fulfils all the requirements. This
the needs of participants but tends is usually a joint submission with
to emphasize accountability and the defence and has almost
“reality therapy” vis-à-vis their always been accepted by the
law-breaking activity. Some com- court. The management of all
mon themes relate to self-control these shoplifting case files has
methods, various causes of been streamlined and many court
shoplifting and the different effects costs have been saved because
of the behaviour for businesses only nine per cent of all cases
and their employees, the criminal ever referred have ever had to go
justice system, family and spouse. to trial.
Ninety-seven per cent complete
the program successfully. Court officials believe that this is
a good example of an alternative
The program has revealed that to imprisonment. According to
the majority of the women who prosecutor Maître Suzanne
have shoplifted are financially Béchard, sentences can be more
underprivileged and facing a individually tailored and need
very difficult economic situation. not be as concerned with seeking
In 1994-95, 85.7 per cent were a deterrent effect because the pro-
unemployed and 51.9 per cent on gram itself reduces the likelihood
some type of social assistance or of recidivism.
unemployment insurance. Over
59 per cent live alone and 30.6 per Contact:
cent are single parents. While 39 Chantal Demers
per cent were first offenders, at Agente de liaison
Programme E.V.E.
least 26 per cent had a record of
5105 chemin de la Côté -
more than six to ten previous St Antoine
infractions. Some women have Société Elizabeth Fry du Québec
been found to be suffering from Montréal, Québec
depression or addictions and the H4A 1N8
program becomes an opportunity Tél. (514) 489-2116
Fax (514) 489-2598
to make other appropriate refer-
rals as well to work on underly-
ing or associated problems.

Satisfying Justice / Church Council on Justice and Corrections 98

 Youth Mediation One parent convinced of the circle’s
Diversion Project superior form of justice is a woman
whose son experienced both a circle
Shaunavon, Saskatchewan and a court case last year because of
two unrelated break and enter
A Story charges. In the court case, he was
fined $70. For the charge which
A group of frustrated parents in went to a circle, the boy, 12 at the
southwest Saskatchewan who were time, received a 50-hour community
feeling helpless about “out of con- service order along with an essay to
trol” youth are now part of an imagi- write. His mother comments: “If
native, problem-solving, community you get the kids right away, I think
action program. the circle is far more beneficial,” she
said. “You have far more interaction
Shaunavon is a small community of with the community. It makes the
about 2,500 people. Eleven youths boy think and see what he did. It
were charged with offences in 1993, makes more people in the community
including those involved when a pri- know and look out for him. In the
vate house party got out of hand. court, it was a judge from another
Leslie Goldstein is one of those par- city. Here is your sentence. Good
ents who wanted to develop an alter- bye.” The RCMP officer acknowl-
native sentencing process among edged in hindsight that the second
other initiatives. The outcome is an break and enter charge could have
approach similar to a native senten- been referred to a circle as well.
cing circle, operating through a
youth mediation diversion program. Program Description
Ms. Goldstein believes this is benefi-
cial to the community because of an The youth mediation committee
increased accountability that now involves the youth, parents, the
exists between the offending youth R.C.M.P. and three community
and victims. Parents are pleased that members. It was set up by the
the early intervention and mediation Parents Support Group in con-
enable them to play a larger role in junction with Saskatchewan
dealing with their child and his or Social Services, the Department of
her problems. They appreciate the Justice and the local RCMP
improved communication among detachment.
social workers, schools and police.

99 Satisfying Justice / Church Council on Justice and Corrections

Mediation groups decide the sen- Alternative Measures
tence rather than a judge in the Programs
court if the young person admits
to committing the crime. The
youth, his or her family and the
A Few Stories
victim have to agree to use the
mediation process. No criminal A 14-year-old youth charged with
charges are laid against the “theft under” came into the
offender. A wide variety of sen- Alternative Measures inquiry with
tences is available, including any- his mother to choose some tasks to
thing from restitution to commu- help him learn to make more respon-
nity supervised probation. sible choices in the future. His over-
all behaviour at school and at home
It allows everyone to have equal over the past three or four months
input in clarifying the problem had gone from bad to worse. He had
and in finding solutions. The been suspended from school once for
process respects concerns relating fighting, had several detentions and
to confidentiality, privacy and the was starting to skip as well. She
right to consult with a lawyer. noted that his reading skills were
Cases that might take eight poor but there did not appear to be a
months to go to court are disability.
resolved within a month of the
offence. The John Howard Society of
Waterloo-Wellington had just devel-
While the break and enter oped a co-operative literacy program
charges in the story are relatively with Frontier College, believing that
minor, the diversion process the root to some misbehaviour may
melding mediation and a senten- stem from the lack of self esteem cre-
cing circle underscore the poten- ated by illiteracy. Students for
tial of this justice process in com- Literacy at Wilfred Laurier
munities for more serious University developed a one-on-one
offences. program for those 12 to 15-year-olds
that were not covered by other read-
Contact: ing circles. It is not intended to
Sgt. J.D. Lang
instruct but rather renew in young
RCMP people a desire to read whatever -
690 Center St., comics, magazines, street billboards,
Shaunavon, Sask. signs, etc.
S0N 2M0
Tel. (306) 297-5550
The youth signed up for both the
Fax (306) 297-5554
Partners in Reading and some com-
munity work. The Wilfrid Laurier
University student met with him five
or six times and what happened fol-
lowing these visits was quite remark-
able. His mother noticed his attitude

Satisfying Justice / Church Council on Justice and Corrections 100

 changed in the home. He was happi- Program Description
er, more compliant with her requests,
and willing to help out. She received Alternative measures are ways
calls from his teachers at school ask- that disputes and certain offences
ing what had happened in the home can be dealt with rather than
because his behaviour at school using expensive and unnecessary
improved so dramatically. His prin- formal court proceedings. A bill
cipal recognized and rewarded his passed in Parliament in 1996
positive disposition with major allows the use of alternative mea-
league baseball tickets. sures for adults by permitting
each province to set up and
In the words of one John Howard administer its own program simi-
director, “here was a youth with the lar to one used in various jurisdic-
potential to become enmeshed in the tions for young offenders. A
criminal system through theft, possi- recent Prince Edward Island study
ble truancy, possible association with cited various reasons alternative
criminal others and familiarity with measures make sense for adults as
the Criminal System, and yet well as youth: they would help the
through personal attention from person who may have made a
focused positive young student vol- mistake contrary to the way they
unteers he was rerouted to a better usually live; they recognize there
sense of self and his future.” is little difference between some-
one just under 18 and someone
A few years ago in Windsor, on New just over 18; they help deal with
Year’s Eve, 27 kids were involved in people who have a mental handi-
vandalizing a local school. Some cap; they allow for discretion
youth had a police record. Some did- when offenders are influenced by
n’t. They faced the prospect of break difficult circumstances; they speed
and enter charges. Instead, Project up the court system; and they
Intervention, a pre-charge alternative make a person accountable.
measures program, facilitated a
process which included meetings The provisions of the program for
with the youth, school staff and par- youth are designed to determine
ents and led to restitution of 30 whether a case that is submitted
hours of community service and each by the police will go to court, be
youth paying a portion of the dam- filed without further action or
ages. resolved using an alternative
measure. Alternative measures
are intended to involve the com-
munity, put greater emphasis on
victim-offender reconciliation,
lessen the negative impact of
incarceration for less serious cases
and free up scarce resources to
deal with more serious cases.

101 Satisfying Justice / Church Council on Justice and Corrections

Commentary not used very widely and too
rarely promote the fundamental
Where the programs are working YOA principles of community
well, youth learn to take responsi- involvement, reintegration of
bility for their actions after realiz- young people and reducing justice
ing that their lives do affect many system intervention where appro-
people. Alternative measures can priate. People told the Crime
teach them a method of restoring Prevention Council that Alterna-
trust and peace, sometimes tive Measures programs are:
through restitution or reparation.
The young person avoids the • widening the justice net by
much slower and formal court involving mainly young peo-
process and does not acquire a ple who would not be brought
criminal record. into the justice system, but
would merely receive a warn-
Examples abound in the country. ing if the program did not
exist. “I saw people with
Newfoundland’s twenty-two pro- almost nothing buying
grams are run by community vol- • rewarding service groups and what they want - not
unteers on Youth Justice agencies that don’t question stealing. In my case, I
Committees; they encourage vic- the existing system, with con- have everything and
tims to participate in mediation tracts to manage Alternative instead of working for
Measures programs. it, I resorted to steal-
sessions with the youth. Project ing. I learned through
Intervention has existed since 1978 • reducing rather than expand-
my community work to
as a pre-charge program in ing the range of community- give a little back to the
Windsor; police reduce the num- based programs helping to community and not
ber of charges they lay but reintegrate young people, by take things for grant-
cutting funds to community ed....”
increase the number of referrals to
social services for troubled youth programs not selected for
Youth in Alternative
and families. An extensive review Alternative Measures pro- Measures Program
of Prince Edward Island’s pro- grams.
gram reported high satisfaction • restricting these programs to a
with their alternative measures, narrow range of options such
including support for the sugges- as essay or apology writing,
tion they be applied to adults; which do not speak to the
they were carried out much more unique needs and realities of
quickly and more successfully many young people and which
with lower recidivism rates than do little to address the harm
in cases which went to court. done or to reintegrate the
young person into the commu-
However, a series of National nity.
Crime Prevention Council cross- • exclude Aboriginal and minor-
country consultations also pointed ity youth because these youth
to disturbing weaknesses in the are not seen to have the skills
implementation of alternative or family support to benefit
measures. In some places they are from such programs.

Satisfying Justice / Church Council on Justice and Corrections 102

 Contacts: Phil Arbing
John Howard Society of Provincial Advisor - Criminal
Waterloo-Wellington Justice and Corrections
289 Frederick St. 4 Sydney St.
Kitchener, Ontario P.0. Box 2000
N2H 2N3 Charlottetown, Prince Edward
Tel. (519) 743-6071 Island
Fax (519) 743-9632 C1A 7N8
Tel. (902) 368-6619 (6620)
Project Intervention Fax (902) 368-6136
Chris Donovan
Executive Director For information on Alternative
880 Ouellette Ave. Suite 201 Measures programs in Québec:
Windsor, Ont. Serge Charbonneau
N9A 1C7 Coordinator
Tel. (519) 253-3340 Regroupement des Organismes
Fax (519) 253-6476 Orienteurs du Québec
4205, Saint-Denis
Wanda Penney bureau 320-A
Division of Youth Corrections Montréal, Québec
Department of Social Services H2J 2K9
P.O. Box 8700 Tél. (514) 281-1858
St. John’s, Newfoundland Fax (514) 281-1859
A1B 4J6
Tel. (709) 729-2480
Fax (709) 729-0583

2. Curative Discharge Program - Yukon

Territories
A Story usually get sent to jail only to end
up back on the road again once
This story concerns an innova- they’re released, causing a danger to
tive sentencing option for a man the public. But there are a few suc-
who was facing up to two years cess stories, people who manage to
in jail for his fifth conviction for beat their drinking problem and
impaired driving. become safe and law abiding citizens.
(taken from a transcript of a C.B.C. Radio Some of these people have benefited
program) from a little known program that’s
available by means of a special sen-
JANET PATTERSON: Members of tence from the court. It’s called a
the Whitehorse RCMP Detachment curative discharge. Yukon
lay more drinking and driving Morning’s Becky Streigler tells us
charges than they do for any other the story of one man who made it
type of crime. Many of those through the program and changed
charged are repeat offenders. They his life.

103 Satisfying Justice / Church Council on Justice and Corrections

BECKY: Driving is a privilege that JACK: My lawyer mentioned it to
many of us take for granted. But for me, saying I could either do the two
Jack Simpson (not his real name) it’s years or whatever time I get, or this
a privilege he’s lost many times as would be an alternative. I wouldn’t
part of his punishment for impaired do any time as long as I did every-
driving. He’s also served time thing I was supposed to while I was
behind bars. In 1993 the 39-year-old in this program and didn’t screw up.
Whitehorse man was facing up to
two years in jail for his fifth BECKY: Jack wanted the territorial
impaired. That was scary enough. court to grant him a curative dis-
But he also had another experience charge. That meant he would avoid
that made him realize his alcohol going to jail, but he had to show that
addiction had got way of hand. he was determined to stay dry. He’d
already done that in part by success-
JACK: I was in a blackout for up to fully finishing the alcohol treatment
almost 14 days. I don’t remember program. But there was something
anything. At one point in time when else he had to do, something that is
I came out of the blackout I was in key to the curative discharge pro-
my cabin and I realized I’d missed gram. He had to submit to blood
two weeks somewhere. I found a tests every month for two years to
note in my pocket from a friend prove that he wasn’t sliding back
who’d gone through a similar thing into his drinking habit.
14 years before, saying when you’re
ready to talk come and see me. JACK: It was no problem for me
That’s kind of what started it all. because I had nothing to hide. The
only problem was because of my job
BECKY: Jack stopped drinking and I’m out of town a lot for weeks at a
took the residential alcohol treatment time. But I could always make
program at the Crossroad Centre in arrangements to get around that and
Whitehorse. But he still had to go to get the blood tests as soon as I got
court for his impaired charge and back or before I left.
face a major jail sentence. That’s
when he learned about the curative BECKY: Two years later, Jack has
discharge program. completed the program and has
stayed away from alcohol....

Satisfying Justice / Church Council on Justice and Corrections 104

 Program Description Commentary

The process to ask for a curative Judge Heino Lilles estimates that
discharge usually begins with a only a handful of the drinking
defence lawyer requesting a med- and driving cases end in curative
ical-legal opinion. A doctor must discharges even though there
show that a defendant is an alco- were 240 charges laid in the pre-
holic, that satisfactory treatment vious year. People are not
has been carried out or is to start always ready to change and some
and that there is a reasonable resist the three-year monitoring
likelihood of success. The doc- period. “It’s a heck of a lot easier,
tor’s assessment goes both to the as people have told me, to go and
defence lawyer and Crown’s do their three months, six months,
office as the doctor wants to be nine months and get it over with
viewed as an expert advisor to and get back to their drinking.”
the Court rather than to any one There has been a high success
lawyer. rate with people who received
curative discharges, in large part
If a curative discharge is granted, because they had already decided
the Court usually gives a two to they have to change. It is a
three-year probation, with the reminder of how human nature
condition of follow-up alcohol and the human aspect of crime
and drug counselling and visits play an integral part in the suc-
to the doctor for physical exami- cess of these alternatives.
nation and blood testing.
Complete abstinence from alcohol Contact:
is a requirement. The doctor will Adult Probation Service
see the individual once a month William Sim - Manager
Department of Justice
for the first three months, three
J-5
times a month for the next six Box 2703
months and then six times a Whitehorse, Yukon
month until the probation order Y1A 2C6
is over. This method identifies Tel. (403) 667-5231
relapses and allows the court to Fax (403) 667-3446
be advised to take action and pro-
tect the public from a possible
drunken driver. From a treat-
ment perspective, a relapse
caught in the earlier stages is eas-
ier to treat. Relapses are consid-
ered part of recovery.

105 Satisfying Justice / Church Council on Justice and Corrections

3. Community Service Orders

Community service orders are see that floor? Well, we painted it.
usually combined with a proba- You see that bench? Well, some-
tion order as part of a sentence. times we sit down on that bench
They require offenders to do a and just have a talk’. Have you
certain number of hours of vol- noticed all the “we’s” not “he” did
untary community work to fulfil that? Could we ever use a lot
the conditions of the sentence by more like that man!”
carrying out a “reparative” ges-
ture that can benefit the commu- The judge noted that community
nity. A most powerful example service programs are approxi-
of how effectively this can be mately 93 to 95 per cent success-
used is reported on in Section ful with a very low rate of
One in The Windsor Case of repeaters. In Lunenburg and
Kevin Hollinsky. Queens Counties, since the incep-
tion of the program, over 115,000
hours of community service have
Community Service in been performed. “Multiply that
by $5.00 per hour totals over
Nova Scotia three-quarters of a million dollars
put back into the community,”
Some Success Stories the judge commented.

A judge in Nova Scotia wrote to

encourage the greater use of com-
munity service orders, either to
Youth Alternative Society
have the offender work for the Halifax, Nova Scotia
victim or in the community.
Youth Alternative Society is a
“There are many, many success sto- non-profit organization working
ries,” he said. “ Two stand out. One with youth in conflict with the
is at the United Church in Pleasant law through community service
River, Queens County where an orders (as well as Alternative
offender sentenced to do 250 hours Measures and a Stoplifting pro-
painted a mural of Christ at the front gram).
of their church. He was a talented
artist. The other story is of the These programs work with urban
young lad and the 77-year-old care- and rural youth; in each commu-
taker at the Bridgewater Fire nity, the youth, families, victims
Department. One day when asked and volunteers who facilitate the
what he did with these lads he programs set the terms for the
replied, ‘You see that truck over agreements deriving from media-
there? Well we washed it. You tion sessions and establish con-

Satisfying Justice / Church Council on Justice and Corrections 106

 tacts in the community. Over 120 was forbidden contact with his three
trained volunteers facilitate these children (two sons as well as the
programs. daughter) except for visiting privi-
leges every second Saturday. The
In 1994, Youth Alternative Society probation officer who prepared the
worked with 770 youth between pre-sentence report felt that he was
the ages of 12 and 15 years of age, very repentant for what had hap-
a figure sure to increase now that pened and wanted therapeutic assis-
it has begun working with 16 and tance to help prevent it from ever
17-year-olds as well. happening again. She also felt that
he was suffering from depression and
Youth Alternative Society is also isolation and that a determining fac-
designing a community-based, tor of his rehabilitation would be to
justice alternative aimed at youth help him develop self-confidence. For
at risk of re-offending. The pro- all these reasons, a plan was pro-
gram would be tied to the use of posed and accepted to tailor the sen-
art, recreation and self-help thera- tence to meet these challenges.
py. Instead of being sent to prison, he
was sentenced to do 120 hours of
Contact: community service in a large com-
Youth Alternative Society munity agency that offers rehabilita-
P.O. Box 8988 tion programs for people suffering
Station A
from physical disabilities due to acci-
Halifax, Nova Scotia
B3K 5M6 dent or illness. This placement was
Tel. (902) 424-5473 specially chosen for him to provide
Fax (902) 424-0562 opportunities for social contact that
could help build his self-esteem, at
the same time as he was required to
attend group therapy and AA.

Travaux communautaires The plan was in fact very effective.

(Community Service The exposure to people going through
Orders - Québec) difficult experiences of their own
stimulated him to reach beyond his
Québec tendency to egocentric self-pity and
to become more aware of conse-
A Story quences for others. He also found the
work very gratifying and his place-
This story concerns a man in his ment was a huge success; after the
thirties convicted of sexually required hours had been completed,
abusing his six-year-old daugh- he continued on his own and was
ter. chosen as the centre’s “volunteer of
the year”. He also went back to
Upon arrest Paul lost his job as a para- school to pursue further studies.
legal. His marriage broke up and he

107 Satisfying Justice / Church Council on Justice and Corrections

Program Description is proposed are very eager to par-
ticipate. They see it as an oppor-
In Québec, community service tunity to benefit from a genuine
orders are administered by alternative to imprisonment.
Probation Services, to whom
some cases are referred by the Two more examples in the
judge for a report to be prepared province:
prior to sentencing, especially if
the possibility of a community This story concerns a 36-year-old
service order is being considered. woman charged with trafficking
Community service is never drugs who was facing the
ordered without this kind of prospect of a prison term
assessment to determine eligibili- because she had a previous
ty. In addition to referrals from record for impaired driving and
judges for this specific purpose, this was her second arrest for
probation officers carrying out possession of drugs.
pre-sentence assessments are
searching for cases for which this This woman had been addicted to
alternative could be considered cocaine since the age of eighteen. In
by a judge to whom it may not this particular instance, however, the
have occurred prior to receiving arresting police officer spoke to her in
this information. They look for such a way that the experience had a
reliability, motivation, attitude, profound impact on influencing her
physical and mental capacity to to want to turn her life around. By
make a positive contribution as a the time the pre-sentence report was
volunteer; they also consider done, she had already taken steps to
whether there are any outstand- make changes in her lifestyle and was
ing charges that could still result in therapy. Instead of being sent to
in a prison sentence, and whether prison, she was sentenced to three
community service would be a years on probation and 100 hours of
means of promoting a particular community service in an agency
person’s reintegration into soci- where she was particularly exposed
ety. to young families and family life; the
plan was to provide her with an
The probation officer discusses opportunity to work with people that
with offenders the kind of place- would strengthen her self-esteem,
ment that most interests them and integrate her into social life and
and then gives them the directory a work environment. The placement
for all local non-profit agencies so was very successful. Her contribu-
that they can choose for them- tion to the work of the agency was
selves and make the initial con- highly valued. She also enrolled in a
tacts on their own initiative. special course to prepare her for
employment and eventually qualified
The success rate has been very and was hired as a front-line worker
high. Most clients to whom this in a therapeutic setting.

Satisfying Justice / Church Council on Justice and Corrections 108

 This story concerns a young man By the time the case went to court,
of 20 years charged with armed he had finished the course he was
robbery who had shot his pistol taking and had put in 70 applica-
in the air in the convenience tions for employment. He was
store during the incident but expecting to receive a jail term but
had not directly attacked any- was hoping to be allowed to serve it
one. All the money from the on weekends so that he would not
robbery was recovered. lose another job. Instead, he was
sentenced to pay $250 as direct com-
Antoine had no previous record and pensation to the store owner within 6
didn’t present as “antisocial person- months; and he was also sentenced to
ality.” To the contrary, he appeared 180 hours of community service in a
to be someone with a long-standing seniors’ residence carrying out main-
pattern of hard-working, law-abiding tenance tasks that made use of his job
behaviour who had found himself in training and allowed him to use his
a life crisis that he could not handle: skills to benefit society as a gesture of
he was suffering from burn-out from reparation for what he had done.
carrying two jobs and going to
school; after giving up one job he had Contact:
unfortunately been laid off from the Services conseil au réseau
other; he had experienced failure in Direction du partenariat et con-
seil en services correctionnels
the hockey career he had been trying
2525 boul. Laurier
to build up; he was experiencing Ste - Foy, Québec
financial difficulties because his G1V 2L2
unemployment cheques were not Tél. (418) 528-0287
coming in; and he had been trying to Fax (418) 644-5645
protect his parents from his problems
because they already felt inadequate
for not having had sufficient money
to support his development in hock-
ey. He felt overwhelmed by his situ-
ation and had taken some drugs; he
felt bitter towards society and was
struggling with guilt vis-à-vis his
parents’ expectations.

The probation officer felt that this

was a situational crime and, though
Antoine was very repressed emotion-
ally, he was capable of gaining some
insight into what he had done. His
parents’ reaction to his crime caused
him to reflect on the many issues
with which he had been struggling.

109 Satisfying Justice / Church Council on Justice and Corrections

Community Service into the justice system there.
Orders - An International Within the state, some offenders
are getting one day off their sen-
Perspective tence for every three days on the
program, while others are getting
Sentencing to Service - a day for a day. Some judges
Minnesota allow an offender to get out of jail
to work off a fine but give no
credit for jail time. Others do.
Sentencing to Service is a jail
Project staff want to design prop-
reduction program born jointly
er evaluation in order to deter-
out of very different needs of the
mine what jail costs are really
Minnesota Department of “The vast majority of
saved, what per cent of people recent sentencing
Corrections and the Minnesota
complete the program and which reform efforts have not
Department of Natural
type of offenders are most suc- resulted in the use of
Resources. Corrections was con- alternative dispositions
cessful.
cerned about the increasing jail for offenders who
population. Natural Resources would previously have
had insufficient staff, funds and Cautions been incarcerated.
time to care for millions of acres Instead, sanctions such
Like other alternative sanctions, as restitution and com-
of land, water, forests and recre- munity service appear
ational trails which they manage. Sentencing to Service (STS) may
to have gained
Sentencing to Service was intend- become an add-on sanction and increased acceptance
ed to access a labour force which simply broaden the net. There throughout the crimi-
would benefit the public by are other concerns about a “chain nal justice system, but
gang” approach to the project almost entirely as addi-
improving management of the
that can fuel a punitive more than tional conditions
state’s natural resources, increase imposed upon offenders
sentencing alternatives for the a reparative orientation. There is
who would otherwise
court and decrease incarceration also the potential threat to union have received more tra-
of non-dangerous offenders. employees. “Failure to remain ditional probation
sensitive to the turf of union orders.”
Private foundations funded the employees will result in the
demise of the program. STS is Professor Alan
initial project efforts and the pro- Harland
ject was later expanded and fund- not intended to replace existing Temple University
ed by county, state, and federal people and it should not,” says
resources. Politically, sheriffs and John McLagan, project director.
county commissioners report the As well, a Sentencing to Service
public supports putting offenders project has a cost associated with
to work and likes the work pro- it. In rural Minnesota, it is esti-
jects they complete. mated that a crew can be sup-
ported for about $43,000 per year.
Initial evaluation indicates uni- Cost savings come in the benefit
form state standards must be from the labour, and jail days
developed because of the particu- saved, but there is the counter-
lar mechanics through which this argument that “unless jails are so
CSO program is being integrated crowded that they need to pur-

Satisfying Justice / Church Council on Justice and Corrections 110

 chase bed space elsewhere, the There were 1026 community ser-
true cost savings is negotiable,” vice orders in 1994, up from 944
McLagan notes. in 1993. The breach rate was 29
per cent.
Contact:
John McLagan
Director
Sentencing to Service Program
300 Bigelow Building
450 N. Syndicate Street
Community Service for
St. Paul, Minnesota 55104 Adults and Juveniles -
Tel. (612) 642-0335
The Netherlands

Traditionally, the Netherlands has

had a tolerant attitude in general
towards crime and consequently
Community Service - there has been a small number of
Norway custodial sentences and little
need to resort to alternative sanc-
In 1991, Norway’s penal code tions. Rising crime and pressure
was amended to include commu- on the prison system reversed the
nity service orders (CSO) as an Netherlands’ infrequent use of
independent sentence. A CSO of alternative sanctions.
up to 360 hours may be imposed
for an offence that otherwise In 1981, an experiment started
could have resulted in a prison with community service and
sentence of up to one year (there other dispositions as an alterna-
are exceptions permitted where a tive to short-term imprisonment
CSO may be applied for even for adults (six months or less).
more serious offences). The CSO A few years later, community ser-
sentence includes the term of vice for juveniles in the form of
imprisonment which may be work projects was introduced.
imposed in a case of default. Community service orders are
A CS0 is possible only when the considered a kind of alternative
offender is in agreement and sanction which can be imposed
deemed suitable. for juveniles by either the prose-
cutor or judge for all sorts of
The probation service may offences (property, violent, sexual
arrange community service and drug) and were to replace all
through official and municipal existing traditional sanctions,
institutions and private or volun- including custody, fines and sus-
tary organizations. Examples pended sentences. Juveniles can
include hospitals, nursing homes, receive alternative sanctions of up
sports clubs, religious organiza- to 150 hours, and in very serious
tions etc. cases,of up to 200 hours.

111 Satisfying Justice / Church Council on Justice and Corrections

Peter H. van der Laan reports Community Service -
that youth involved in alternative Zimbabwe and Swaziland
sanctions are held personally
responsible for their acts; they
Community service orders have
have to fulfil tasks useful to oth-
helped level off a recent dramatic
ers. Wherever possible, they are
upsurge in Zimbabwe’s prison
confronted with the harm, injury
population.
or damage they have caused.
They must repair this damage, or
A weak economy had been
make symbolic repairs of benefit
blamed both for people turning to
to the community.
petty crime and others being
unable to pay fines. Wanting
Cautions another option to prison besides
fines, the government began pro-
Evaluation indicates that net- moting community service sen-
widening is occurring in some tences; in 1992, 60 per cent of the
instances. There were initial prob- country’s prison population were
lems related to too few girls and serving sentences of three months
youth from ethnic minorities or less. Between January, 1993
receiving alternative sanctions. and October, 1995, approximately
Significantly, those alternative 6,000 people undertook commu-
sanctions were replacing fines nity service working in childrens’
and suspended custodial sen- and seniors’ homes, hospitals and
tences more so than actual custo- environmental projects. Commu-
dial sentences. Disappointed nity service in lieu of a prison
about the impact of alternative sentence permits those convicted
sanctions on the use of custody, who had a job to keep on work-
the Netherlands introduced the ing and generating income, help-
Quarterly Course three-month ing prevent other members of the
day program, comparable to the family from turning to crime.
intensive intermediate treatment
program in England. Penal Reform International was
instrumental in establishing this
Contact: project and finding funds.
Ministerie van Justitie Volunteers from Prison
Mr. A. Doeser Fellowship Zimbabwe eased the
Policymaker, alternative sanctions
magistrates’ workload in manag-
Bezoekadres
Schedeldoekshaven 100 ing the community service pro-
2511 EX den Haag grams. There was also a public
Tel. (070) 3 70 79 11 awareness campaign and training
Fax (070) 3 70 79 31 about the purpose and operation
of community service.

Satisfying Justice / Church Council on Justice and Corrections 112

 In Swaziland, an older but more
modest community service pro-
gram has prisoners released part-
way through their sentence. The
Swaziland Association for Crime
Prevention and the Rehabilitation Legal Aid Youth Office
of Offenders runs this service
with overseas funding.

Contact:
Penal Reform International
169 Clapham Rd.
London SW9 0PU
United Kingdom
Tel. (44) 171 582-6500
Fax (44) 171 735-4666

4. Intensive Supervision Probation

Intensive Supervision Probation
Project
generally consists of a probation
order to which are attached Edmonton and Calgary,
numerous, very strict conditions Alberta
that are tailored to varying
degrees to the specific client. A Story
These conditions can include Lawyer Jim Robb described the girl as
curfews, travel restrictions, edu- a “throwaway”, sentenced to two
cational and/or employment years in secure custody no doubt for
requirements, treatment pro- her offences but also for the justice and
grams and the like. Unfortu- social services systems giving up on
nately, the conditions imposed her. This girl was typical of the street
are sometimes also too strict for kids who may indeed have a “justice
the client to realistically follow, problem” in the courts but also have a
resulting in an admission to “housing problem, an addictions prob-
prison even when there has been lem and an education problem”.
no further criminal offence. As Robb’s Legal Aid Youth Office Project
well, few probation orders are agreed to represent her on an appeal.
reparative in nature, and not all His project strung together a case plan
are meaningfully related to the of five separate programs which exist-
offence or to what needs to be ed in a number of different provincial
accomplished in each situation. and territorial jurisdictions; project
workers would co-ordinate the plan.

113 Satisfying Justice / Church Council on Justice and Corrections

When the judge heard the proposal, he Robb refers to the “horizon prob-
reduced her sentence from two years to lem” endemic in this type of
the three-and-a-half months already work with youth. For example, a
served in custody, releasing her to child welfare worker may look
begin the first of her programs. for resources in Edmonton and
report back that there is nothing
Program Description for a youth. “But the best pro-
gram for that particular kid may
This pilot project was launched be up north in Uranium City,” he
more than two years ago in the said. “We will look anywhere.”
youth courts of two major Alberta The Legal Aid project moves
cities, Edmonton and Calgary. across the boundaries of
Although the project was not provinces and various systems to
intended as a “youth crime pro- identify the programs most help-
ject” - it is actually comparing the ful for clients and get them there.
In Edmonton, staff make referrals “In our view, the press
cost and quality of a staff model to
to over 70 agencies in Alberta, for more and longer
the traditional judicare model of incarceration is mad-
delivering Legal Aid-, there have British Columbia, Saskatchewan ness. We do not view
been significant lessons with and the North West Territories. youths in categories -
respect to alternative sentencing. A recent sample of about 140 they are individuals
youths for whom case plans had who have significant
been developed indicated that personal problems that
Working with youths requires must be addressed.
much more than conventional over 800 referrals were made for
Some of our most sig-
legal work, even if the latter is the those youths. The case plans are nificant ‘turn arounds’
primary objective. The project obviously multi-faceted, intended have been with 16 and
employs a total of 14 lawyers and to address issues of poverty, 17-year-olds with long
homelessness, substance abuse prior records and a past
three youth workers who collabo-
and mental health. Only ten of history of repeated
rate closely together. As the aim incarceration.”
is to prevent the client from those 140 youth had their case
returning with further charges, plans rejected by the courts. As Jim Robb
there is a heavy emphasis on pre- the girl’s story illustrated, there Legal Aid Project
ventive work, rehabilitation and has also been reductions in sen-
treatment. Staff search for pro- tences, primarily for native, rural
grams in the community as a dis- youth.
tinct alternative to incarceration.
Help is also provided for youth This project has encountered
who have been acquitted or had many challenges. A major prob-
their charges withdrawn. Youth lem is sheer volume, dealing with
are encouraged to call at any time over 2,000 youths each year.
for help rather than wait for a There is a lack of community
full-blown crisis or further resources, worse for those in the
charges. younger group aged 12 to 14
years. It has also been tiring
“swimming against the tide of
government and public opinion

Satisfying Justice / Church Council on Justice and Corrections 114

 which creates a lot of conflict.... the courts, corrections and other
We have groups of offenders who partners in the criminal justice
are vastly over-represented in the system. Reparative Probation is
system - native youths are obvi- an alternative to traditional pro-
ous. There tend to be fewer bation because the program
resources for females, particularly focuses mainly on issues related
those who live on the street.” to the crime and repairing
injuries to victims and the com-
Contact: munity. As well, victims and
James C. Robb, Q.C. community citizens are provided
Senior Counsel opportunities to confront offend-
Legal Aid Youth Office
ers for the purpose of promoting
3rd Floor
Macdonald Place
victim empathy.
9939 Jasper Ave.
Edmonton, Alberta Unlike traditional state probation
TAJ 2W8 which contains 12 standard con-
Tel. (403) 427-8355 ditions, the administrative proba-
Fax (403) 427-9367
tion order under this program is
limited to one standard condition
stipulating no further involve-
ment in criminal activity, and any
Community Reparative other specific condition pertain-
Probation Program ing to the specifics of the case.
Through the program, the offend-
Vermont
er appears before a reparative
board consisting of five citizens
In 1994 and 1995, the state of
from the offender’s respective
Vermont embarked on a new
community. At the meeting the
course in corrections rooted in
board members and offender dis-
the belief that prisons frequent-
cuss the details and impact of the
ly fail to serve society’s needs
offender’s behaviour. The result
and that a vital component - the
is an agreement between the
community - has been missing
Board and the offender stipulat-
from criminal sanctions. Part of
ing specific activities that the
the new initiative was a commu-
offender will do to complete the
nity Reparative Probation
program. Agreements focus on
Program whose central theme is
activities that are related to four
for an offender to come face to
goal areas: restore and make
face with the community, a meet-
whole the victims of crime; make
ing at which an agreement is
amends to the community; learn
negotiated specifying ways that
about the impact of crime on vic-
the offender will make reparation
tims and the community; and
to the victims and the communi-
learn ways to avoid re-offending.
ty. The goal is to have a proba-
The person on reparative proba-
tion sanction that responds to
tion is not under traditional
crime without unduly burdening

115 Satisfying Justice / Church Council on Justice and Corrections

supervision. Compliance with All of these factors on their own
the terms and agreement is the are serious enough but taken
responsibility of the offender. together they pose a formidable
Once the sanctions are agreed on crisis. In Arizona, people started
and assigned by the board, the to acknowledge the severity of
offender has 90 days to fulfil the this growing national problem
agreement and complete the pro- and its local impact. Substance
gram. Upon completion, the abuse treatment providers, the
board may recommend discharge social service community and
from probation. some representatives from the
criminal justice system joined
Contact: together to develop strategies to
Michael Dooley prevent, discourage and treat
Program Director - Reparative maternal drug use. Early inter-
Probation Program
vention with pregnant, substance-
Vermont Department of
Corrections abusing women increases the “ Dos Pasos believes
103 South Main Street likelihood of prenatal care, for that not only will the
Waterbury, Vermont 05671-1001 better health for mother and project reflect short-
Tel. (802) 241-2796 fetus, delivery of a drug-free term cost savings, but
will save the “hidden”
infant and increased opportunity
costs to our public
for success in drug/alcohol treat- health systems as well.
ment. The initiative led eventual- The additional benefits
ly to the creation of the Dos of interrupting the
The Dos Pasos Project for Pasos Project to develop alterna- impacts of intergenera-
Pregnant and Addicted tives to incarceration programs tional substance abuse
and criminal behaviour
Women for addicted women who are can only be estimated.”
Arizona pregnant or a high risk for preg-
nancy. Elaine Calco-Gray
U.S. observers have noted that Dos Pasos
Dos Pasos has a liaison coordina- Supervisor
more women than ever are going
to prison in that country, often for tor who ensures that the court is
a variety of minor thefts, less seri- aware of all available options
ous crimes and prostitution. before making a decision. Liaison
(This is increasingly true for activities include mediating dis-
Canada as well.) putes between staff from different
agencies or systems. The project
Many of those women are sub- is intended to intervene during
stance abusers, with alcohol or the arrest, booking, adjudication
other drug problems. and sentencing stages. Client
evaluations are done by Dos
Many female offenders are also Pasos case managers who fre-
pregnant or have small children. quently go to the jail to interview
Estimates of drug use during women before their initial court
pregnancy are escalating. appearance. There is a compre-
hensive intake procedure and

Satisfying Justice / Church Council on Justice and Corrections 116

 evaluation. Women in the Dos The new program accepts all court
Pasos program are often on pro- referrals for an assessment but
bation. When they are released, tries to limit entry to the program
they contact Dos Pasos to access in order that it remain a true alter-
case management services and native to custody; part of its evalu-
referrals for their additional ation will be to assess if and how it
needs. That could include treat- achieved this goal.
ment programs, referrals to sup-
port groups, other prevention and Alternative to Custody builds on
education groups, prenatal care leading research by Dr. Alan
and assistance in obtaining hous- Leschied who has identified a
ing, food, furniture and house- number of risk factors that
hold items. increase the likelihood of delin-
“ At the moment, eight quent behaviour:
out of ten dollars that
we give the provinces Early evaluation of resources had
(for youth corrections) indicated there were virtually no • impulsive behaviour
goes to custody costs. programs available to address the • moral immaturity
Well, that’s easy in a special needs of pregnant women. • underdeveloped communica-
sense. It’s lazy. It just Through collaborative effort and tion
makes sure we build
federal funding, Tuscon developed • lack of empathy
more facilities with
locks on the doors. additional residential and day • lack of conscientiousness
treatment programs that served • unstable family life
I’d rather see that the pregnant, addicted woman • egocentrism
money... I’m going to specifically. • low level of supervision
negotiate it if I have the • undesirable peer group
chance to see... that
money spent in the Federal funding for The Dos • exhibited anxiety
other proportion over Pasos project ended in February, • aimless use of leisure time
the next few years so 1996 and it was unclear whether • exhibited frustration and anger
that 80 per cent of it there will be other funds • lack of interest in school and
goes to alternatives.” obtained to continue it. future
Justice Minister
Allan Rock Participants learn how to think
through and evaluate the conse-
quences of their behaviour,
Alternative to Custody
specifically in terms of how it
Program for Youth impacts on themselves and oth-
Kitchener-Waterloo, ers. An important skill area is
Ontario critical thinking. Youth also learn
to recognize alternative solutions
The John Howard Society of while assessing their own deci-
Waterloo-Wellington offers an sion-making processes.
Alternative to Custody Program
to help young offenders to develop Alternative to Custody Program
more effective ways of coping with accepts referrals from probation
every-day problems and stresses. and youth court judges for youth

117 Satisfying Justice / Church Council on Justice and Corrections

aged 12 to 15, concentrating on Second Chance -
older youth involved in more Restitution
serious offences. The program
consists of three sequential phas-
Lloydminster, Alberta and
es which will last approximately Saskatchewan
four to six months. Clients and
coordinators develop and imple- Sometimes judges are reluctant to
ment a discharge plan to increase sentence youth to fines because
the youth’s involvement in the the teens find it difficult to earn
community and encourage ongo- the money to pay and so end up
ing participation in pro-social in jail anyway. The Second
activities. Follow-up is conduct- Chance program offers the courts
ed on a quarterly basis for one an intermediate option between
year to monitor progress and custody and community service
evaluate program success. This by helping youth to find employ-
program is funded by the ment and earn money to pay
Ministry of Community and fines or restitution. The program
Social Services which supports strives to encourage youth to take
community-based alternative to responsibility for their actions
custody programs that provide and compensate the victims for
high frequency and high intensity their losses.
services. The program operates
in Kitchener, Cambridge and The money the youth earns from
Guelph. employment is funnelled directly
into an account through the
Contact: Saskatchewan courts. Restitution
John Howard Society of funds are forwarded to victims
Waterloo-Wellington when the account covers the
289 Frederick Street amount. The teens are given a
Kitchener, Ontario
small amount of money out of
N2H 2N3
Tel. (519) 743-6071
their pay for spending to discour-
Fax (519) 743-9632 age them from petty thefts and to
learn they can earn money and
see the benefits from work.

Young people found guilty of

charges like theft, break and
enter, vandalism and highway
traffic offences are eligible for
Second Chance. The program
serves both native and non-native
youth in this area close to the
Saskatchewan and Alberta bor-
der; it is a joint venture of the
Alternative Measures Program of
Saskatchewan Social Services and

Satisfying Justice / Church Council on Justice and Corrections 118

 The Lloydminster Native tody and the time spent in cus-
Friendship Centre. tody. Ten additional social work-
ers and two community service
Contact: workers were hired to provide
Neil Harris services to a limited number of
Youth Project Coordinator families and youths who are
Lloydminster Native Friendship
identified as being at high risk of
Centre
5010 - 41 Street
being sentenced to custody.
Lloydminster, AB Social Services has control of who
T9V 1B7 enters the program, choosing
Tel. (403) 875-6558 youth already on probation. If
Fax (403) 875-3812 they have new charges pending,
“It costs $120,000 a the judge can take the Intensive
year, just for salaries Intervention Program into
and maintenance, to account.
keep a youth at the
Whitbourne Youth Intensive Intervention Selection of youths for referral to
Centre. This doesn’t Program
include lawyers’ fees, the program will be determined
counselling, trans- St. John’s, Newfoundland within Social Services by the
portation or other youth corrections supervisor
costs... Newfoundland’s Social Services rather than as a sentencing alter-
department has recently launched native by the Court. However,
In spite of the cost,
an Intensive Intervention when a youth is selected for
there hasn’t been “a
drop of evidence that Program for youth funded in part intensive intervention, and is also
young people who go by re-directing some of the due to appear in Court for a new
there do better when money now being spent on cus- disposition or custodial review,
they come out”... tody to community-based pro- the intensive intervention plan
grams. In Newfoundland, it costs will be presented to the Court.
Gale Burford
Memorial $120,000 per year for one youth to The Court might then issue a
University, serve a secure custody sentence community disposition which
Newfoundland, and $70,000 for a youth in an may contain conditions that
quoted in St. John’s open custody home. reflect and support the interven-
Telegraph tion plan. The action plan for the
Interestingly, when those figures
were cited in a conference and social worker is to be guided by
subsequently reported in a news- many intervention strategies,
paper, a provincial court judge including family support, indi-
hearing a case the next week vidual and group counselling, cri-
refused a social worker’s recom- sis planning through a co-ordinat-
mendation for a custodial sen- ed multi-agency response, com-
tence, citing the figures men- munity integration, advocacy for
tioned in the newspaper story. support services and organization
of day programs, supervision and
The hope is that an intensive behaviour management.
intervention program will reduce
the risk of being sentenced to cus-

119 Satisfying Justice / Church Council on Justice and Corrections

In order to reduce the rates of Eastwood Outreach
committal to custody, the inten- Program
sive intervention program must
both provide a legitimate alterna-
Edmonton, Alberta
tive for those who would other-
wise be sentenced to custody and A Story
strive to reduce the risk of re-
offending. The following letter is from a
youth attending the Eastwood
Intensive intervention continues Outreach Program. We did not
as long as the potential for a posi- correct his spelling.
tive impact can be expected. Its
termination will be based on sev- “In 1990, I was fighting, steeling
eral factors, including the expiry and steeling cars. I quite for about a
of a court order, reduced risk, year then in 1993 I kiked a boy in his
other options available for service mouth and broke his two front teeth.
delivery or a decision that further In 1993 I waz samashing school win-
intervention will not be produc- dows and in 95 I waz arrested three
tive. times for steeling cars but I learned
my lesson when I went to jail and
Contact: got out Oct. 31 and came to the pro-
Paul Ludlow gram and it changed me for a long
Department of Social Services time.”
Confederation Building - West
Block
His mother also wrote, confirming
P.O. Box 8700
St. John’s, Nfld. her son’s story and adding that she
A1B 4J6 had basically given up on him as she
Tel. (709) 729-2794 was unable to get him away from a
Fax (709 729-0583 group of boys persistently in trouble.

We also provide a contact for a Program Description

British Columbia program, Fraser
Valley Youth Supervision About 20 of Eastwood’s students
Program. are “hardened” youth with long
criminal records. They come to
Contact: Eastwood on probation, either
Fraser Valley Youth Supervision
directly from the courts or a
Program
P.O. Box 3444 youth facility. The program is
Langley, B.C. located in a small storefront office
V3A 4R8 and is designed for students who
Tel. (604) 532-1268 are experiencing personal or aca-
Fax (604) 532-1269
demic difficulties and are likely to
quit school. Teachers strive to
develop “success-oriented atti-
tudes and behavioral norms”.

Satisfying Justice / Church Council on Justice and Corrections 120

 The classroom is opened 90 min- Rideau Street Youth
utes before class. During this Enterprises
time, students share current home
or school concerns with the
Ottawa, Ontario
teacher, privately at first, then
later as a group. Morning exer- This story describes intensive
cises involve academic, work and programming to assist and train
social skills. In the afternoon, the youths in trouble with the law
students concentrate on job shad- in order to prevent the likeli-
owing and volunteer activities. hood of custody.

Contact:
Dennis Koch
A Story
Eastwood Outreach Program
Eastwood School Don moved from a small town to
12023 81 Street Ottawa with his family during
Edmonton, Alberta
Grade Eleven. He began attending
T5B 2S9
Tel. (403) 477-2752 Rideau High School and, as he put it,
Fax (403) 474-7693 “had too much fun”. He soon got
caught up in a lifestyle of smoking
marijuana and drinking. He was
refused entry into high school the
next year. At the age of 17, Don
was charged with the possession of a
narcotic for the purpose of traffick-
ing, convicted and given a sentence
of 18 months probation and commu-
nity hours.

At the time, he was out of work, had

no fixed address and was receiving
social assistance. Subsequently, he
was charged with breach of the earli-
er probation on three counts, includ-
ing failure to complete community
hours and running a red light on a
bicycle. At the suggestion of a
friend, Don came to Rideau Street
Youth Enterprises while waiting trial
for the above charge. In February of
1995, he worked as a casual labourer
on the Initiatives side (job bank) of
the program and was accepted into
the RSYE No-Sort Recycling pro-
gram in July. In October, he went to
court for sentencing on the three

121 Satisfying Justice / Church Council on Justice and Corrections

counts of breach. The director of the and then sold to hauler/proces-
program wrote a letter to the judge sors. Revenue is fed back into the
explaining the program and how program. When clients graduate
Don had become more stable, found from the program, they are eligi-
an apartment and was taking high ble for a $2,000. voucher which is
school correspondence courses. At given provided the client is going
sentencing, the Judge told Don that to work or to school. Clients
he had originally planned a custody have one year to collect the
sentence but decided against it to voucher. Punitive measures are
keep Don in the program. He was measures of despair.
given a sentence of three months pro- This program reduces the use of They reflect our frus-
tration with youth and
bation. custody in that the judge at the an aging population
time of sentencing receives a that fears youth more
At this time, Don, 20, is one credit report stating that the youth is and tolerates youth
away from completing his grade involved in this program and will less. But measures of
twelve and plans to either join the often refrain from giving a custo- despair do not breed
military as a field engineer or go to dial sentence so that the youth confidence in the jus-
tice system nor do they
college and take drafting. He was can continue with Rideau. act to reduce criminal
adamant in wanting to keep improv- activity. They act to
ing his situation. Don would defi- Participants attend Rideau Street build further divisions
nitely recommend the program to Monday to Friday from 9:00 a.m. between generations
others as it gives them employment, to 4:00 p.m., acquiring job skills and allow the older
generations to ignore
helps them to get identification and attending correspondence
the increasingly diffi-
papers if they have none, puts them classes, mandatory weekly meet- cult economic, employ-
back in school, gives them spending ings with a career planning coun- ment and otherwise
money and increases their morale sellor and visiting a support highly stressed envi-
and self-esteem. He recommends it worker from the Youth Services ronments that our chil-
especially for those in trouble with Bureau to deal with any problems dren are raised in
today.... Our young
the law. such as housing, addiction etc. people are too vulnera-
They earn $200 weekly. To be ble and too valuable to
Program Description accepted into the program, the use them as a balm for
applicant must at the time of unrelated public anxi-
application not be: working, ety.
Rideau Street Youth Enterprises
is classified as a training program going to school or living in a sta-
John Howard
serving “hard to serve” young ble environment. Every nine Societies of Canada,
adults, age 18-24, including many months, Rideau Street can work Alberta and Ontario
who have been in trouble with with approximately 10 youth Nov. 20, 1995
the law and are often between although they receive about 50
court dates. The program itself applications for the same period.
involves the running of a recy-
cling business called “no-sort The program began in May of
recycling”. Contracts are made 1994, with funding from the fed-
with small businesses to pick up eral government. Funding con-
their recyclable products that are tinued to be provided by Youth
brought to the warehouse, sorted Services Canada but ended in

Satisfying Justice / Church Council on Justice and Corrections 122

 March, 1996 when it was hoped driving in the face of serious pub-
funding could be renewed by pri- lic anger towards this problem.
vate/corporate donors. Funding They look at costs of their behav-
remains the major obstacle to the iour, from both the victim per-
program in addition to the diffi- spective and their own emotional
culty of employing individuals and financial circumstances. A
who have little to no work experi- highlight is a guest speaker from
ence and therefore take a great M.A.D.D. (Mothers Against
deal of time to train. Drunk Driving), the presentation
often triggering genuine remorse
Contact: and personal motivation to
Rideau Street Youth Enterprises change. “This is something that
Shelley Vincent they all disclose has been absent
112 Nelson St. - Unit 101A
in them up to this point, some-
Ottawa, Ont.
K1N 7R5
thing that time in custody or
Tel. (613) 562-3864 other punitive methods could
Fax (613) 562-0773 not achieve,” commented pro-
gram coordinator Alex Smart.

Contact:
Alex Smart
Sober Streets Coordinator - Sober Streets
Kitchener-Waterloo, John Howard Society of
Waterloo-Wellington
Ontario 289 Frederick Street
Kitchener, Ontario
Sober Streets is a John Howard N2H 2N3
Society program trying to change Tel. (519) 743-6071
the thinking of hardcore recidivist Fax (519) 743-9632
impaired drivers through a “con-
frontational, non-punitive
approach”. In the Kitchener-
Waterloo region, there were some Repeat Impaired Driving
1100 impaired driving charges
Project
laid in 1994; studies indicate
about 60 per cent of impaired dri- Prince Edward Island
vers had been charged earlier.
The Repeat Impaired Driving
Many enrolled in Sober Streets Development and
are referred by probation. Most Demonstration Project wants to
have an average of five impaired reduce the social and personal
driving charges. This ten-week harm caused by impaired driving
group program asks participants by providing a range of more
to look at the rationalizations intensive services to those con-
they have used to allow them- victed and sentenced for this
selves to continue drinking and offence.

123 Satisfying Justice / Church Council on Justice and Corrections

In Prince Edward Island, about Adolescent Addictions
one-third of the total impaired Program
driving convictions are repeaters -
about 200 convictions yearly. The
Prince Edward Island
island’s conviction rate is higher
than the national average. It is This story concerns a youth con-
estimated that for each impaired victed of “theft under” who was
driving detection, the driver has provided while on probation
actually driven impaired any- with intensive intervention
where from 900 to 2,000 times. related to an addictions problem.
Upwards of 80 per cent drive
after disqualification. A Story

The project has as its immediate Carl (not his real name), 17, is the
goal a more intensive case man- middle child of three boys. Carl’s par- The impact of drunk
agement, treatment and follow- ents were married at a young age, driving on the justice
up for clients. The first few indi- only 17 themselves when their first system is enormous. In
the five jurisdictions
viduals in the project have had child was born.
where justice statistics
adjustments to fines but not to were provided (Quebec,
custodial sentences. The project’s Carl appears to have been raised in an Saskatchewan, Nova
model is proposing to look at environment which valued honest Scotia, Prince Edward
possible use of adjournments, work and family. However, at the Island and Yukon)
same time, his dad gave him a double impaired driving was
using a probation order with
message. Carl stated that throughout the most frequent
repeat offenders and introduction offence dealt with in
of conditional sentences, in accor- his childhood he was aware of his
the courts - in each
dance with changes to the father’s illicit drug use. Carl said he case more than double
Criminal Code in 1996 (provi- had happy childhood memories but the number of any
sions under Bill C-41; there is prior to his parents’ separation in other type of offence.
always the danger, however, with 1991, he recalls a significant amount
of turmoil in his home. His parents Statistics Canada
conditional sentences, that an report, December 4,
excessive or unrealistic number of separated on his thirteenth birthday. 1995
conditions placed on the individ- He continues to have difficulty with
ual will in fact lead to future the separation. He started using
incarceration, even though no drugs at 14. He kept this hidden from
new criminal offence took place). his mother for almost three years until
one day his school principal telephoned
Contact: to tell her Carl had been caught using
Isabel Christian - Coordinator drugs.
Repeat Impaired Driving Project
Highway Safety He was expelled from school in
MacMillan Building November 1994.
Box 2000
Charlottetown, PEI C1A 7N8 Carl was later charged with “theft
Tel. (902) 368-4237 under” and a condition of probation
Fax (902) 368-5236
was his attendance with the
Adolescent Outpatient Detoxification

Satisfying Justice / Church Council on Justice and Corrections 124

 program. He would have been given Multi-Agency
custody if he did not fulfil this condi- Preventative Program
tion. He began the program with a
positive drug reading and successfully
(MAPP) for High-Risk
completed the program with a negative Youth
one. He was accepted into an Brandon, Manitoba
Educational Alternative program. He
successfully completed his year and is The Brandon Youth Services
registered at the senior high school. Committee, which consists of 22
agencies, established the Multi-
“Indeed, in 1991 our Carl has a good relationship with his Agency Preventative Program
rate of youth sentenced older brother and his paternal grand-
to custody was 447 per (MAPP) as one of a series of ini-
parents. He fights with his younger tiatives to benefit high-risk youth.
100,000. In England
and Wales, it’s 69. In brother when “he is on edge” but this MAPP, acknowledging that youth
Scotland, it’s 86. has improved. Carl had a slip on July are also part of family and com-
Collectively, Canadian 1, 1995 and another in October. He munity systems, endorses a holis-
governments spend re-entered the 12-week program and
over $250 million each tic approach which is intended to
continues his studies at the high have an impact on permanently
year locking up young
offenders whose most school. changing behaviour and ensuring
serious offence was a safer community. The project
non-violent. Five out Program Description pulls together key agencies on a
of six young people in monthly basis to develop coordi-
custody are there for This comprehensive Adolescent
non-violent offences. nated case management plans
Addictions Program includes pre-
and monitor strategies which
vention, education, detoxification,
... to keep a young per- include community and family
son in secure custody treatment and aftercare, using an
support.
costs more than integrated service delivery model.
$100,000 a year in It is offered through a partnership
MAPP will focus on the forty
seven Canadian juris- of Prince County Addictions
dictions and it reaches highest-risk youth in Brandon.
Services, Young Offender Custody
as high as $300,000 in More specifically, it has hired
Programs and the island Western
the territories. That’s a three individuals to develop and
shocking amount of School Board. It is part of an over-
test strategies of tracking the ten
money.” all plan to increase the accessibility
highest-risk youth who are also
of clinical services to all youth who
Justice Minister on probation. The project will
need them.
Allan Rock attempt to determine whether or
Nov. 20, 1995 not intensive monitoring of these
Contact:
youth is effective in reducing the
East Prince County Addiction
Services problem behaviour which might
216 Schurman Avenue otherwise lead to custody in the
Summerside, Prince Edward future.
Island
C1N 4W6
Tel. (902) 888-8380
Fax (902) 888-8393

125 Satisfying Justice / Church Council on Justice and Corrections

Workshops on parenting skills the behaviour of the youth....
and support groups for parents Rules and expectations are very
are part of MAPP’s overall strate- clear and every possible attempt
gy. Organizations involved in the is made prior to a breach.” It has
program include schools, police, been approved by the local
probation, prosecution, mental judges, Crown’s office and
health, child welfare, social agen- defence counsel representative.
cies, addiction treatment and
native groups. Contact:
Dennis Provenski
Meanwhile, the Assessment, Chairperson
MAPP for High-Risk Youth
Intervention, Monitoring
Community and Youth
Program (A.I.M.) is a new proba- Corrections
tion supervision program for 603 Princess Avenue
youth in the Brandon area stress- Brandon, MB
ing intensive monitoring. It is R7A 0P2
described as “strict, holds the Tel. (204) 726-6469
Fax (204) 726-6531
youth accountable and has built-
in levelling systems that are more
or less restrictive depending on

5. Family Preservation Model

The Family Preservation change. Family Preservation

Program is an intensive, in- attempts to decrease the youth’s
home service offered on a volun- undesirable community involve-
tary basis to families who have ment, develop adequate formal
youth between the ages of 12 and informal supports and make
and 17 who are in custody or good use of relationships with
who are at high risk to spending other service providers.
some time in custody. Family
Preservation focuses on the fam- Allan Leschied and others have
ily, not the “problem child”, identified this approach as an
with a strong commitment to effective alternative to custody.
maintain children in the home “The treatment is brought to the
wherever possible. The pro- family,” notes therapist Scott
gram both builds on family Henggeler. “We haven’t invent-
strengths and identifies how ed a new treatment. We’ve
family functioning along with taken the best of what’s out
its values and beliefs may be there, integrated it effectively
contributing to the youth’s and then overcome barriers to
unlawful behaviour. The com- change.”
munity is also a target for

Satisfying Justice / Church Council on Justice and Corrections 126

 Family Preservation Based on these issues, a case plan
Program was designed by Jeff, his mother and
the Family Preservation Program
La Ronge, Saskatchewan worker in which he would: enroll and
attend an alternate educational
A Story school program; attend outpatient
drug and alcohol treatment; partici-
In May of 1995, a 15-year-old named pate in anger management coun-
Jeff was referred to the Family selling; assist his mother in establish-
Preservation Program by the com- ing rules of behaviour at home; abide
munity youth worker of the Young by the conditions of an intensive
Offender Unit. In the referral, it was supervision program provided
stated that Jeff was to appear in through Family Preservation
youth court on three charges of break, Support services.
enter and theft. Since Jeff had previ-
ously been convicted on two other On completion, Jeff, his mother and
separate occasions for property relat- worker attended court and presented
ed offences, he was considered a likel- this case plan. The Youth Court
ly candidate for a custody disposi- judge sentenced Jeff to one year pro-
tion. bation with conditions. An estimat-
ed four months in custody was
Upon entering the Family avoided.
Preservation Program, Jeff and his
family participated in a risk, needs
and strengths assessment. The pur-
Program Description
pose of this assessment was to deter-
Families are usually involved
mine what factors were influencing
with the program anywhere from
Jeff’s behaviour and what resources
three to five months, with work-
would be needed to deal with those
ers given small case loads in
behaviours. Additionally, any family
order to maintain frequent con-
strengths or possible supports within
tacts and be available 24 hours a
the extended family could be shown
day in case of a crisis. Workers
as well.
may help the youth and families
develop effective conflict-resolu-
From the assessment process, it was
tion skills, identify positive ways
noted that: Jeff was not currently
to deal with stress, assess the role
enrolled at school, and had not been
of peers in the youth’s conflict
there for some time; there were indi-
with the law, find appropriate
cations that he was using drugs
accommodation, enhance parent-
quite frequently; the relationship
ing skills and act as liaison with
between Jeff and his mother was con-
schools and agencies.
stantly in conflict; there were no
rules of clear boundaries in the home.

127 Satisfying Justice / Church Council on Justice and Corrections

Saskatchewan Social Services esti- risk assessment; any history of
mates that the Family chronic, long-term low parental
Preservation Program is keeping and child functioning.
22 youths per day out of secure
custody and 15 youth per day out Contact:
of open custody. The program John Labatt
has saved an estimated $500,000 Director - Community Youth
Services
compared to having the same
Saskatchewan Social Services
number of youth in custody facil- 1920 Broad Street
ities and Community Homes. La Regina, Canada
Ronge is one of six provincial S4P 3V6
sites. Tel. (306) 787-4702
Fax (306) 787-0925
A La Ronge program report notes
that the greatest factor contribut-
ing to causing delinquency is
“poor family relationships
marked by negativity, over-criti- Community Support
cism, conflict and especially rejec- Services - St. Lawrence
tion. Child/youth’s self-esteem Youth Association
needs to be a goal of service.” Kingston, Ontario
Family Preservation Program Community Support Services -
workers note it is difficult at St. Lawrence Youth Association
times to convince Crown attor- offers a family preservation
neys or police to work in this way approach for young offenders
with “dysfunctional” families. currently on probation and at risk
“Sometimes, they want to keep of being placed out-of-home. As
them out of the community for a well, this organization works at
long time,” commented one family reintegration and reunifi-
worker. cation for those youth in secure
or open custody. Since 1989,
Evaluation has identified several Community Support Services has
factors that may undermine the provided intensive, short-term
success of a family intervention: flexible support to 174 youths to
working with older teens; a histo- prevent residential placements of
ry of prior placements which has high-risk 12 to 15-year-olds at the
reinforced rejection issues and “front end” of the service deliv-
increased likelihood of delinquen- ery system and to assist high risk
cy; lack of family motivation for youth at the “back end” of the
services; multiple and severe system in returning to the com-
problems, especially psychiatric; munity.
substance abuse problems; larger
families; high on child protection

Satisfying Justice / Church Council on Justice and Corrections 128

 A cost analysis indicated that for U.S. Family Preservation
every $1.00 spent on Community Programs
Support Services, about $1.48
might have been saved in resi-
Numerous family-based pro-
dential costs. These savings are
grams have been implemented
likely understated as they do not
during the 1970s and 1980s, serv-
reflect savings in other children’s
ing clients from child welfare,
sectors and cannot account for
mental health, juvenile correc-
the program’s impact in prevent-
tions and other service areas.
ing problems in siblings. Yet,
Here are two examples.
Community Support Services,
similar to other programs in the
country, faces a fiscal crisis and a
The Simpsonville South
possible cessation of government Carolina Family
funding. Preservation Project

As well, studies in Ontario point This “multi-systemic treatment”

to an increasing reliance on cus- approach developed by Scott
tody with dramatic increases in Henggeler has therapists work
committal rates in the past ten with only four families at a time,
years; this is a troubling develop- each over an average of four
ment when, according to an months. The youth and the fami-
Ontario study, two-thirds of the ly may be seen as often as once
456 youths discharged from cus- daily, usually in the home, with
tody are involved again in the therapists also available on a 24-
justice system via breaches and hour basis.
Criminal Code offences within six
months. Research reported on the project
included 84 violent and chronic
Contact: juvenile offenders who were at
Dr. Gary Bernfeld risk for out-of-home placement.
St. Lawrence Youth Association
Results indicate that a year later,
845 Division St.
after family preservation pro-
Kingston, Ontario
K7K 4C4 gramming, there were significant
Tel. (613) 542-9634 positive differences in incarcera-
Fax (613) 542-5420 tion, arrests and self-reported
offences. Over two years follow-
ing treatment, recidivism rates
significantly favoured a multi-
systemic treatment group over
another group who relied on tra-
ditional services.

129 Satisfying Justice / Church Council on Justice and Corrections

The cost of family preservation as babysitting and helping with
treatment averaged approximate- household chores are provided by
ly $2,800 per client, as compared Family Ties and help to ease pres-
to the average cost of $17,769 for sures which lead to conflict. A
institutional placement in South recent independent evaluation
Carolina. indicated that probation was rec-
ommended at the end of the
The Family Ties Program eight-week adjournment in 65 per
- New York City cent of the cases, with continued
exploration of placements in the
rest. The city of New York and
Modelled after the Homebuilders
the state were estimated to save
approach to family preservation
$2.7 million dollars in one year
in the child welfare system, this
alone, about $3.00 in residential
program has allowed judges to
costs for every $1.00 spent on the
suspend a residential placement
program.
order for up to eight weeks. The
needs of each child are identified
Contact:
and the family is assisted so that
Sandra Welsh
the youth may remain at home. Director
Family Ties emphasizes the spe- Family Ties Program
cial needs of adolescents. Youths Department of Juvenile Justice
get help to resist peer pressure 365 Broadway
and manage their anger. Parent- New York, N.Y. 10013
Tel. (212) 925-7779
child relationships and the role of
Fax (212) 226-8545
authority are addressed. Youths
must attend school and adhere to
a curfew. Concrete services such

6. Alternative Placement/Residential
Programs
Several jurisdictions run a vari- Opportunities for
ation of residential placements Independence - The Devel-
in the community that provide opmentally Disabled
a creative alternative for keep- Winnipeg, Manitoba
ing youths in their home com-
munities and out of more tradi- A Story
tional facilities or institutions.
This story concerns a conviction
Some offer specialized services for sexual assault on an 10-year-
for certain groups of offenders. old girl for which the offender
was facing the prospect of an 18-
month prison sentence.

Satisfying Justice / Church Council on Justice and Corrections 130

 To ensure client confidentiality, Jim cipate in a treatment program. There
(an alias) is a hypothetical individ- were concerns that the possible 18-
ual, as are the circumstances month sentence would have made
described. The composite situation Jim vulnerable within the prison and
described is drawn from years of that he would not benefit from cor-
actual experience and represents a rectional treatment programs. It
very typical scenario. would likely make his situation
worse. Jim was referred to
As a child, Jim was removed from the Opportunities for Independence and
family home at an early age as a accepted for assessment and treat-
result of breakdown in the family ment.
unit and suspected abuse. Jim
resided in a variety of foster care Jim resided under 24-hour supervi-
placements and eventually was sion in Opportunities for
incarcerated at a youth correctional Independence, Phase One Residential
facility. Jim resided in this institu- Care facility, where he lived with
tional placement until the age of 33 three other individuals of similar cir-
when he was discharged to the care of cumstances. Jim participated in a
a surviving parent. wide variety of life skills, vocational
and recreational training programs,
As an adult living in the community, along with group and individual
Jim was unemployed and frequently treatment. Through peer-based,
involved in petty crime such as van- problem-solving groups, and ongoing
dalism, petty thefts and fights while literacy and work skills upgrading,
intoxicated. Jim’s mother is unable Jim found himself gaining a sense of
to assist Jim and the relationship has accomplishment and control in his
deteriorated to where the mother life. His feelings of rejection and
wishes him to be taken from the abandonment were addressed in
home. The local police warn Jim treatment along with the many dis-
when he becomes involved in petty tortions surrounding his offending.
incidents, and do not arrest him as Over the two years Jim was assisted
he is “mentally handicapped” and in finding employment, improving
there are difficulties in proceeding his relationship with his mother,
with charges. At the age of 36, Jim addressing his deviant fantasy cycle
is arrested as a result of allegations of and finding new friends. He devel-
a sexual assault on a 10-year-old oped a non-offending lifestyle
neighbourhood girl. He is seen by a through practising an “offending-
psychiatrist while being held in cus- control plan” consisting of access to
tody and the resulting classification key supporting people; sticking to
of dual diagnosis is reached. (Jim is safe environments, activities and peo-
functioning in the mental handicap ple; and watching for the thoughts,
range of intellectual functioning, and feelings and actions that lead to a
has been diagnosed as suffering from possible re-offence. After two years,
a mental illness.) Jim was found Jim began a transition to a less
guilty of the offence and was required restrictive environment in the com-
under an order of probation to parti- munity. He was introduced to a

131 Satisfying Justice / Church Council on Justice and Corrections

Community Support Worker in opmentally disabled adults who
Opportunities for Independence are in conflict or at risk of conflict
Apartment Living Support Program. with the criminal justice system
Over the next six months, he pur- due to inappropriate behaviours.
chased the necessities for apartment Its work promotes their rights to
living and located an apartment in equal and appropriate member-
an area away from schools and bars ship in society while diverting
where he tended to have trouble. them from correctional institu-
tions ill-prepared to meet their
With the assistance of ten hours a specific needs.
week of one-to-one support, Jim con-
tinued to develop independent living Opportunities for Independence
skills, while attending aftercare treat- was founded in 1976 by a group
ment groups once a month. Two of professionals who perceived a
years have passed and, despite a re- need for this work. It received
involvement for petty theft, Jim con- approval from the Department of
tinues to reside in the community, Family Services to begin opera-
working full-time and living in his tion of the first residential facility
own apartment now with five hours in Western Canada specifically
a week of ongoing support from his designed to address the needs of
worker. To date, Jim has not re- this unique group.
offended sexually.
To be accepted into the program,
The overall cost in treatment and the client must be assessed as
support of Client X was: approxi- being learning-disabled;
mately $40,423.75 per year for the amenable to treatment; on proba-
two years in the Phase One Program; tion, parole or presenting some
$7,280.00 per year for the ten hours risk; and suitable for community
per week of support for the two years placement.
in the Community Support Program;
and $3,640. per year considered a
long-term maintenance cost in sup- Contact:
porting the individual as required Rick Rennphert
through the Community Support Executive Director
Opportunities for Independence
Program.
3rd floor - 26 Edmonton Street,
Winnipeg, Manitoba
Program Description R3C 1P7
Tel. (204) 957-5118
Fax (204) 956-1671
The composite story above is a
description of how Opportunities
for Independence helps an indi-
vidual. The project is dedicated
to the development and delivery
of community-based programs
specifically geared towards devel-

Satisfying Justice / Church Council on Justice and Corrections 132

 Community Homes The cost of a placement in one of
Program Newfoundland’s 30 community
custody homes is approximately
Saskatchewan $800 a month compared to the
almost $6,000 fixed cost per
The Community Homes Program month for each bed in a group
in Saskatchewan offers an alter- home. In Prince Edward Island,
native placement to keep youth youths may reside for an average
in their communities and out of of two to six months in a foster
more traditional facilities. home, supervised room and
Sentences are served in approxi- board, group foster home or with
mately 70 private homes that pro- relatives.
vide lodging, care and supervi-
sion and are designated as a place Contact:
of open custody. Each home is Community Homes Program
approved for one or two youths Family and Youth Services
who remain close to family, Division
school and employment opportu- Saskatchewan Social Services
1920 Broad Street
nities. In Saskatchewan, the nat-
Regina, Canada
ural family of the youth is
S4P 3V6
involved wherever possible in Tel. (306) 787-3892
case conferences, visitation and
through temporary releases to Wanda Penney
visit home. Provincial Coordinator
Division of Youth Corrections
Department of Social Services
A court can send a youth directly
P.O. Box 8700
to one of these families or they St. John’s, Newfoundland
may be transferred from an open A1B 4J6
or secure custody facility. Youths Tel. (709) 729-2480
in these homes may be there as Fax (709) 729-0583
part of a sentence, probation or
Co-ordinator, Community
voluntary placement, increasing Custody Programs
the options for judges and service Community and Correctional
providers who do not want them Services Division
at home and yet realize an insti- Department of Justice and
tution is unnecessary. Many Attorney General
P.O. Box 2000
young people also do better in
Charlottetown, P.E.I.
individual residences dealing C1A 7N8
with at most one other youth in Tel. (902) 368-4582
the program rather than a group
facility where there may be
twelve.

133 Satisfying Justice / Church Council on Justice and Corrections

Expansion-Femmes de A woman was charged for having
Québec defrauded a local church committee
of $76,000. She had been trying to
Québec City, Québec help her father cover the debts of her
brother who was seriously addicted
Two Stories to drugs. At the same time, her hus-
band was dying of cancer. The pro-
A woman was facing a prison term secutor suggested that she consult
for having defrauded the Humane Expansion-Femmes. An alternative
Society of $84,000. A court liaison placement there was accepted.
worker for Expansion-Femmes intro-
duced herself to her at the Court Program Description
House and described in general
terms that Expansion-Femmes was Expansion-Femmes de Québec is
available for assistance. The woman a community residential centre
was adamant that she had not taken for women that has been in oper-
that much money and indignant that ation since 1983. It proactively
the victim was exploiting the situa- offers its services to the courts
tion. At that point Expansion- and to women in conflict with the
Femmes’ role was to simply support law to provide an alternative resi-
her through the court process. Some dential placement for women so
time later, the prosecutor initiated that they can remain in the com-
exploration of the involvement of munity instead of being sen-
Expansion-Femmes’ residential ser- tenced to a prison term.
vices as well (as a possible alterna-
tive to demanding a jail term), A liaison worker closely monitors
because, although strong evidence the cases of women before the
existed for an amount of $25,000- courts that are likely to result in a
$35,000, the rest would be very time- request by the prosecutor for a
consuming to prove. A plea-bargain- prison sentence. Contact is estab-
ing process took place with the lished with the women themselves
woman’s defence lawyer. The woman to provide support and make
admitted to responsibility for the them aware of the resources avail-
whole amount and agreed to plead able. Overtures are made repeat-
guilty, to be sentenced to probation edly and persistently to the prose-
with a condition to reside at cutor even when there initially
Expansion-Femmes, where intensive appears to be little interest or sen-
case work was carried out with her sitivity to the possibility. Close
and a plan followed to help her make contact is maintained with the
some changes in her lifestyle, in col- defence to ensure that the client’s
laboration with other community best legal interests are being
resources. served in taking this initiative, in
an attempt to minimize a net-
widening effect (i.e. the risk that
women who could avoid a convic-

Satisfying Justice / Church Council on Justice and Corrections 134

 tion or prison sentence altogether who was also a single mother. She
will be needlessly subjected to a was living on welfare and her child
greater degree of coercion by the was in foster care. She had a history
referral to this resource). of family violence, assaultive behav-
iour and a “borderline” psychiatric
The agency considers that its cen- disability. She was convicted of seri-
tral mandate is to offer services to ously injuring her baby while under
prevent recidivism; supervision the influence and could have been fac-
“Over the years the
and control are the entry points ing a sentence of two years. She her-
thrust, fuelled by pub-
lic opinion, has been to that enable them to provide a self was worried about the seriousness
put all people convicted framework within which this can of this loss of control and the terrible
of any crime in jail and happen. impact on her child. A plan was
to throw away the keys developed whereby she was sentenced
so long as it did not Contact: to six months in prison, to be followed
affect a family member
Expansion-Femmes de Québec by one year at the halfway house and
or a friend.
2189, Place des Colibris two years of close follow-up on proba-
Charlesbourg, Québec
We, the judiciary, have tion. The jail term of six months
G1G 2B4
quietly adopted that appears to have been handed down
Tél.(418) 623-3801
philosophy until all the strictly for its symbolic effect, as the
Fax (418) 623-9559
jails are double-booked
plan was to release her after one
overcrowded to where
we are at the revolving month to reside at the halfway house.
door concept whereby
to let someone in we The offences for which women
must let someone out Maison Thérèse-Casgrain have benefited from this alternative
with little thought to Montréal, Québec have included armed robbery,
rehabilitation or the
protection of the pub- arson, shoplifting and fraud. Some
lic.... The time is long A similar alternative to imprison- are sentenced to be there only for
passed when we should ment is made available to women very short periods or on weekends.
have been looking at in Montréal by the Société The sentences are often combined
alternatives. We are Elizabeth Fry du Québec. with a community service order.
now in a crisis situa- Examples have included a 50-year-
tion. We are moving
not because it is a prop- old single mother who was employed While this alternative has been
er move, but because at a salary level of $20,000 and who available in Montréal for 17
we must move.” was convicted of defrauding welfare years, its use to replace a sen-
over a period of several years for a tence of imprisonment is only
Justice Hiram Carver total of up to $80,000. By being sen- rarely accepted by prosecutors
Supreme Court of
tenced directly to this residence she and judges.
Nova Scotia
was able to avoid custody altogether
and maintain all her social supports Contact:
while compensating through commu- Société Elizabeth Fry du Québec
nity service work for the harm done 5105 chemin de la Côté St-Antoine
to society by her crime. Montréal, Québec
H4A 1N8
Tél. (514) 489-2116
Another woman who was given some Fax (514) 489-2598
access to this alternative was a 25-
year-old addicted to drugs and alcohol

135 Satisfying Justice / Church Council on Justice and Corrections

Residential Program for mizes avoidance of treatment and
Adolescent Sexual allows the response to treatment
to be broadly evaluated.
Offenders
Ottawa, Ontario Because many adolescent sexual
offenders exhibit a wide range of
In 1990, when the Children’s Aid other problems, the program does
Society of Ottawa-Carleton oper- not look at the youth’s sexual
ated 23 group residences, staff behaviour in isolation. These
noticed an emerging problem youths often have trouble in
related to young males who were forming relationships and so are
exhibiting offensive sexual behav- helped in dealing with issues
iour. As one director put it, these related to control, dominance,
youths were “in the beginning respect for others, empathy,
stages of developing disturbing mutuality and caring.
and dangerous lifetime patterns.”
The program has a clinical rather
It was decided to open a unique than a legal perspective. As a
residence exclusively for these result, staff notice conflicting
individuals in order to develop demands placed on a youth and
an intensive treatment program family when charges are pend-
and reduce the risk of revictim- ing and a defence lawyer may
ization of others living in those advise them to remain silent and
different homes. This communi- acknowledge no responsibility.
ty-based residential treatment “It becomes a case of getting at
program is designed to serve up the truth which is not what an
to six youths between the ages of adversarial system like the
12 and 17 who are at “low to courts always does,” a program
medium risk of sexually re- staff commented. “We have
offending”. For three years now, turned that around and ask
the residence has been designated everyone what is in the best,
as an open-custody facility and long-term interests for the kid.”
accepts referrals from probation.
Youth stay an average of one Contact:
year. Mr. Bob Sauer
Program Supervisor
The Children’s Aid Society of
The primary goals of the program Ottawa-Carleton
are for the youths to gain an 1602 Telesat Court
understanding of their sexual Gloucester, Ontario
behaviour, to develop appropriate K1B 1B1
controls and to enhance their Tel. (613) 748-0670
Fax (613) 747-4456
capacity to care for others. The
residential aspect of the program
aids in confronting denial, mini-

Satisfying Justice / Church Council on Justice and Corrections 136

 Maple Star Foster Care years and attend college. She also
Colorado expressed her desire to go back and
live with her mother but understood
that the court had ordered out-of-
This story concerns the place-
home placement because neither par-
ment in family-based foster care
ent was viewed as adequate nor
in the community of a 15-year-
wanted to accept responsibility for
old young woman with convic-
her. She also did not view her crime
tions of attempted murder,
as a serious offence and that is proba-
assault on the elderly and rob-
bly why other agencies were not will-
bery.
ing to place her.

A Story The youth was placed in a Maple

Star foster home May 10, 1995
The referral on this case came from a under house arrest. The plan was to
very experienced county caseworker provide as much supervision as pos-
on May 1, 1995. Maple Star was sible within a home atmosphere. The
one of twelve agencies contacted for youth could get a job after she proved
placement of a 15-year-old mixed to be responsible in the home.
race female. After spending eight
months in the local Criminal Justice The service team, headed by the fos-
Center, the youth was moved to a ter parents, did some creative plan-
juvenile detention center where she ning. The school district denied
had been for the past three weeks admission to the youth based on a
pending placement in a foster home, Colorado law that schools do not
group home, or residential child care have to accept convicted felons or
facility. habitual youth offenders into the
school system. The foster parents
The youth had been charged as an advocated for the youth to attend the
adult with felony convictions of local high school. After interviewing
attempted murder, assault on the the youth and the foster parents, the
elderly, and robbery. Eleven of the school counsellor became very sup-
agencies referred to turned the case portive and agreed to assist the foster
away because of the seriousness of parents in developing a home school
the charges. A Maple Star social program for the youth. The school
worker agreed to interview the youth has agreed to accept the credits
along with the caseworker to see if an earned through the home school pro-
appropriate foster home could be gram. The youth will be evaluated at
located within the agency. the end of this school year and if she
is doing well, she will be admitted
During the interview the youth indi- into school as a senior this fall. To
cated that she felt she had paid her date, it looks as though she will be
debt to society and wanted to get on attending the local high school in
with her life. Her goals were to August.
return to school, graduate in two

137 Satisfying Justice / Church Council on Justice and Corrections

This youth will be on adult probation normalization - plans are direct-
for the next four and a half years. ed towards creating an environ-
She is an example of what society can ment in which the person in care Pennsylvania Auditor
General Reveals
do if we are creative enough and may live as normally as possible Financial Impact of
committed to helping people make and develop new skills; Prison Crowding
changes in their lives.
community support networks - Despite a prison
activities develop and strengthen expansion that cost
Program Description U.S. taxpayers
networks of community support;
approximately $760
Maple Star manages treatment million, Pennsylvania
foster family care programs in reducing stigma - labelling or Auditor General
Colorado and Nevada. High-risk stigmatizing the individual is Barbara Hafer said
avoided along with efforts to that “we simply can’t
youths in conflict with the law
reduce the harmful effects of past build prisons fast
are among Maple Star’s client enough to alleviate the
population. One or two youths stigmatization; chronic problem of
live with each family. They may prison overcrowding.”
come to Maple Star on a proba- inclusive care - there are attempts
tion order or while charges are to bring about the inclusion of Citing projections that
family members, including birth PA’s prison population
pending, with the program advo- will reach 33,000 by
cating on their behalf. parents as active program partici-
the year 2000, Hafer
pants. suggested that
Specialist or treatment foster fam- although it will have
ily care strives to stabilize youth Contact: added eight new pris-
Maple Star Associates ons in five years, the
within supportive families and
Karla Galaway state prison system
communities. Some studies indi- will still be 41 percent
P.O. Box 306
cate that family-based foster care Lake George, Co. 80827 over capacity.
is a responsible and cost-effective Tel. (719) 748-3928, 748-3981
alternative to institutional place- Fax (719) 748-3942 To reduce a correc-
ment; delinquent youth in family- tional budget which
she estimates will
based foster care exhibited reach $1 billion by the
improved behaviour and were year 2000, Hafer sug-
less likely to recidivate than those gested implementing a
in a more restrictive setting. wide variety of alterna-
tive sanctions, specifi-
cally developing less
Each family care program is
expensive sentencing
based on significant principles: programs for non-
violent offenders. This
service teams- they are responsi- way, she said, addi-
ble for developing and monitor- tional resources could
ing plans for each person in care; be allocated both for
violent, dangerous,
and persistent offend-
ers and for crime pre-
vention programs.

Satisfying Justice / Church Council on Justice and Corrections 138

 Youth Futures Residential neutral site. An individualized
and Day Attendance program is then designed cover-
ing the entire four-month partici-
Program pation; workers meet once a week
Lower Fraser Valley, with youths and families to
British Columbia review the schedule for the next
seven days.
The Youth Futures Residential
and Day Attendance Program is This program, according to an
a sentencing option for youth information pamphlet, is geared
who require more than probation mainly to “youths who may be
supervision but do not need one step away from jail. These
incarceration. are youths who do not have
severely disturbed behaviour but
The 16-week program, located in may have poorly developed
the Lower Fraser Valley, engages social skills and problems such as
both youths and their families, minor substance abuse, behav-
with most youths continuing to ioral acting out or attention
reside in their homes or in deficits. These problems are often
approved alternate residences exacerbated by family dysfunc-
while attending day school, tion, educational breakdown,
evening and weekend programs. weak community linkages and
Families are strengthened negative peer relationships.”
through the provision of practical Youth Futures indicated that
home support and they are invit- youths not appropriate for the
ed to be partners with the pro- program include violent offend-
gram in working with their child. ers, sex offenders and those with
There is a high degree of direct, severe substance abuse problems.
structured individual supervision
and monitoring of youths; in Youth Futures is based on the
most cases, a curfew is enforced premise that when positive
by telephone or in person. changes take place in experience
and environment, a youth begins
During the first few weeks, to shed the negative behaviour
youths are observed in their own that led to criminal and antisocial
families, staff noting strengths behaviour. The approach mini-
and weaknesses (rules, routines, mizes intervention and disloca-
forms of relocation) and past tion of the youths from their own
experiences with school and the communities while integrating
community. Then, for a period of supervision and support.
two to four weeks, the youths are
placed in a pre-selected “host
family”, staff exposing the youths
to a healthy family environment
and further observing them in a

139 Satisfying Justice / Church Council on Justice and Corrections

The day school devotes four of its El’ dad Ranch for
five days a week to computer- Mentally Handicapped
assisted learning activities devel-
oped by the Centre for
Adult Men
Educational Technology at Simon Steinbach, Manitoba
Fraser University. The evening
program, offered three times a This story concerns the alterna-
week, emphasizes emotional, tive placement of a mentally
social and technical skills such as handicapped man who had
public speaking, self marketing, already served previous prison
anger management and negotia- sentences.
tion skills. Several weekends a
month, youths enjoy a wide A Story
range of recreational and cultural
pursuits. “My life was pretty rough. So far I
have been to six foster homes. In one
Contact: home I was always beaten. “For youth who might
Youth Futures Program otherwise receive cus-
Whenever I moved I didn’t really
Bob Kissner, Executive Director tody, there’s a need for
P.O. Box 3444
trust my foster parents. I feel afraid a wider variety of
Langley, B.C. of them. I always thought I was options to be available
V3A 4R8 going to be beaten. I got in trouble to judges offering more
Tel. (604) 532-1268 when I was 18 years old. I started effective supervision
Fax (604) 532-1269 drugs and alcohol when I was 19. I and intervention than
the traditional caseload
finally ended up in jail. When I of a youth or probation
came to El’dad it was a new experi- worker permits.”
ence. I thought it was going to be a
hell hole. After awhile, I was begin- Justice Minister
ning to learn more things and people Allan Rock
Nov. 20, 1995
really care for me, but, the most cre-
dit I have to give is to staff members.
They always helped me when I feel
depressed. I hope my stay here will
help me to live a better life and to
have a good job and to be a more
loveable person....”

Satisfying Justice / Church Council on Justice and Corrections 140

 Program Description Among El’dad’s objectives are to
provide addiction counselling
El’dad Ranch is a residential and supervision as well as resi-
treatment center near Steinbach dential services in harmony with
for borderline mentally handi- a Christian home environment.
capped adult men in conflict with El’dad is licensed by Community
the law. Individuals charged or Services to provide living quar-
already in court are approached ters for six residents and it
to consider this alternative to receives funding from the
incarceration. Residents stay an province of Manitoba and MCC
average of two years. Manitoba.

El’dad, an agency of the Contact:

Mennonite Central Committee Brendan or Jewel Reimer
Directors - El’dad Ranch
(MCC) of Manitoba, provides life
Box 9, Grp. 3, R.R. 1
skills instruction as well as coun- Steinbach, Manitoba
selling in the areas of employ- R0A 2A0
ment, budgeting and personal Tel. (204) 326-1050
development. There is a heavy
emphasis on working, including
the woodlot, gardening, assem-
bling honey bee frames and yard
maintenance.

7. Bail Option Programs and

Administrative Sanctions

Many offenders do not have the Bail option programs allow for
money to pay for bail and there- the release of the offender into
fore end up spending the time the community under responsi-
awaiting their trial in prison, in ble supervision. Fine option
effect being punished before programs allow for administra-
they are tried. Research has tive and other alternatives to
shown this can also increase serving time in prison because
their likelihood of being con- of the inability to pay for a fine.
victed and sentenced to further
time in prison.

141 Satisfying Justice / Church Council on Justice and Corrections

Judicial Interim Release December 1995 and successfully com-
for Youth pleted it. The youth at this time is
suspended from Cochrane Collegiate
Saskatchewan due to his “negative attitude, defiance,
belligerence and vulgarity” but will
Youths who have been arrested be readmitted following a two-week
but not yet convicted or sen- residency in an alcohol and drug facil-
tenced may avoid spending that ity. The principal stated that the
interval time in custody by get- youth had been performing well in the
ting a judicial interim release Intensive Classroom Experience pro-
into the community under inten- gram prior to the suspension. The
sive supervision. This is a short- youth has agreed to follow the direc-
term alleviation of the enforce- tions of his legal guardian and father
ment of imprisonment although if released and the legal guardian is
studies have also shown it can willing to have the youth back in her
impact favourably on the even- home and provide the necessary
tual sentence. supervision and direction for the
youth to do well. The judicial inter-
A Story im release was granted provided that
he keep the peace and be of good
A 16-year-old was arrested and behaviour, maintain his residence,
charged with assault causing bodily have a 9:00 p.m curfew, participate in
harm and breach of probation. This educational, vocational and/or recre-
youth is already currently involved ational programs, not communicate
in the youth justice system, having with certain persons, abstain from
been sentenced in the summer of alcohol and drugs, and follow instruc-
1995 on other charges and assigned tions of the worker in obtaining alco-
and supervised by a youth worker hol and drug treatment.
from the Department of Social
Services. After his current arrest, Program Description
the youth was detained in a remand
facility to appear before the court the By allowing the youth to remain
following morning. At the court in the community while awaiting
appearance, the Crown opposed the the outcome of a case, the oppor-
youth’s release and a request was tunity is provided for the youth
sent by the Youth Court to explore to prove he or she can behave in a
the possibility of a judicial interim responsible way in the communi-
release. The investigation included ty. The hope is that the youth can
interviews with the youth and sup- continue daily activities with little
port persons as well as a review of disruption and discuss with fami-
official data. The youth resides with ly what may be causing the
a legal guardian with whom the offending behaviour and how to
father has a relationship. The youth stay out of any further conflict
does not have contact with his moth- with the law.
er. The youth was released once
before on judicial interim release in

Satisfying Justice / Church Council on Justice and Corrections 142

 The judge bases this decision pri- program cited earlier. Statistics
marily on whether the youth will showed that those on judicial
return to Court and whether there interim release compared to others
is a risk to the community. being held in custody on remand
Helping the judge is a recommen- tended to be less likely to receive a
dation from a judicial interim custodial sentence after their trial.
release worker who investigates
the youth’s history of involvement In addition to judicial interim
with the law, current personal and release (bail option) programs, the
family situation, the availability of centre provided legal aid, tempo-
an appropriate residence, involve- rary absence and intensive proba-
ment with drugs, alcohol or other tion supervision. The latter super-
substances and whether there is a vision is geared specifically to
responsible adult able and willing high risk native youth who would
to supervise. A youth who is otherwise get a custodial sentence.
released must agree to keep the It is intended to reduce recidivism,
peace, be on good behaviour, particularly because the program-
return to court when required to ming and supervision involved
do so and follow other conditions. are culturally sensitive. This
Centre also conducted family
Contact: group conferences for the youths.
Bob Kary Many community-based initia-
Saskatchewan Social Services tives like Ma Ma Wi Wi Chi Itata
1920 Broad St. - 12th Floor
could use the money now being
Regina, Saskatchewan
S4P 3V6 spent to warehouse individuals in
Tel. (306) 787 1394 our prisons.
Fax (306) 787-0925
Contact:
Ma Ma Wi Wi Chi Itata Centre
305 - 338 Broadway
Winnipeg, Manitoba
Ma Ma Wi Wi Chi Itata R3C 0T3
Tel. (204) 925-0300
Centre Fax (204) 946-5042
Winnipeg, Manitoba

The Ma Ma Wi Wi Chi Itata

Centre provided judicial interim
releases for aboriginal youths Fine Option Program
through contracting with Yukon Territory
Community and Youth Corrections
of Manitoba. This program of the Court-administered fines always
centre is no longer running due to come with a default term of incar-
lack of funding. The judicial inter- ceration related to the amount of
im release worked in much the time to be served if the fine is not
same way as the Saskatchewan paid. For many individuals this

143 Satisfying Justice / Church Council on Justice and Corrections

results in a jail sentence for a Contact:
minor offence that would never Joy Waters
have warranted jail time in the first Director of Community and
Correctional Services
place. Fine option allows them to
Coordinator, Community
“work off” their fine by doing vol- Custody Programs
unteer work in the community for Box 2703
a non-profit agency. Whitehorse, Yukon
Y1A 2C6
The Fine Option Program is Tel. (403) 667-8293
administered through the Fax (403) 667-6826

Community Correctional Service

and provides offenders with the Prince Edward Island runs a fine
opportunity to perform communi- option program similar to that in
ty service work in lieu of, or in the Yukon.
“It has come to the
addition to, the payment of fines. place that to jail some-
This type of initiative was started Contact:
one for non-payment of
Phil Arbing
because of the fact that so many a fine has been a joke,
Provincial Advisor - Criminal
people were serving short jail as when they are
Justice and Corrections
terms because they did not pay arrested and taken to
Health and Community Services
jail, they are sent home.
their fines, for a number of rea- Agency
Worse of all worlds is
sons. Thirty-five percent of 4 Sydney St.,
that this news travels
admissions into Canadian provin- P.O. Box 2000
fast and you have peo-
Charlottetown, P.E.I.
cial institutions in 1992-93 were ple showing up and
Tel. (902) 368-6619
for fine default. Participants enter wanting to turn them-
Fax (902) 368-6136
into an agreement which specifies selves in as they know
there is no possibility
work placement at a charitable or they will be asked to
non-profit organization and the serve out the time or at
number of hours of work service least all of it.”
required to satisfy the fine. Since Administrative Sanctions
the program began, less than one Yukon Territory Justice Hiram Carver
Supreme Court of
per cent of those who received
Nova Scotia
fines have served default jail time, On October 1, 1995 administra-
and those that have have usually tive sanctions came into effect
done so because they are already against drivers or vehicle owners
doing jail time for some other who owe money for unpaid fines
offence. In theory, an offender imposed under the Motor
could still choose to do the jail Vehicles Act or the Highways Act.
term rather than pay the fine or do Drivers could be refused when
community service work but that they tried to renew their licence
has not happened. If an offender or motor vehicle registration.
fails to complete the fine option They could even have their
program or pay the fine, they can licence suspended.
also be subject to administrative
sanctions, described in the next During the previous summer,
program. media advertisements and an

Satisfying Justice / Church Council on Justice and Corrections 144

 information campaign encour- In the context of a major policy
aged defaulters to pay their court shift away from the use of incar-
fines before October 1 when the ceration, Quebec is also planning
sanctions were implemented. to introduce wide-scale use of
Over 6,000 letters and statements administrative sanctions.
of unpaid motor vehicle fines
were mailed to defaulters. As of Contact:
August 1, 1995, there was approx- Maître Paul Monty
imately $530,000 in outstanding Substitut en chef et Directeur
des affaires criminelles
fines due to motor vehicle and
Ministère de la Justice du
highways act violations. By Québec
October, that amount was 1200 route de l’Église
reduced by approximately Sainte-Foy, Québec
$130,000. G1V 4M1
Tél. (418) 643-9059
Fax (418) 646-5412
Contact:
Joy Waters
Director of Community and
Correctional Services
Box 2703
Whitehorse, Yukon
Y1A 2C6
Tel. (403) 667-8293
Fax (403) 667-6826

8. Client Specific Planning

Client Specific Planning is more Planning is the question: Do any

an alternative process than an means exist to manage/punish
alternative sentence and there- this Defendant so that society is
fore we thought it appropriate to not assuming too great a risk?
refer to it at the end of this sec- This is at variance with the vast
tion of the compendium which majority of dispositions in
highlights initiatives “that North America, which use incar-
attempt to avoid the use of cus- ceration as the reference point
tody, with or without some from which offenders and their
reparative elements”. crimes are evaluated for sanc-
tioning. In effect, each case
The premise for this approach is begins with the assumption -
summarized in a Solicitor not always true, however - that
General of Canada report writ- some form of suspended sen-
ten by Matthew Yeager: “The tence/probation order can be
starting point for Client Specific granted”.

145 Satisfying Justice / Church Council on Justice and Corrections

Client specific planning has Institutions and Alternatives
been used to close juvenile which he helped open started a
training schools, as well as at the project to provide sentencing
sentencing stage for both juve- advocacy services to defence
niles and adults, during pre-trial lawyers, through the creation of
negotiations prior to the entry of alternative sentencing plans tai-
a guilty plea and at parole. lored to the background and
Yeager notes “theoretically, the criminal record of the offender.
CSP model can also be used to
de-populate adult prisons.”
As with other justice initiatives,
there is the danger of net-widen-
Client Specific Planning -
ing in client specific planning; North Carolina
plans recommending alterna-
tives to incarceration can indeed Programs emphasize case selec-
be added to a custodial sentence. tion to assure that defendants
This tendency can be overcome who receive services are truly
through ensuring both targeting prison-bound. A risk assessment
“Every dollar attached
an institution for closure or scale scoring sheet, developed by to an inmate should
restricting intake for client spe- the University of North follow that inmate into
cific planning to serious offend- Carolina’s Institute of the community for at
ers who demonstrate a high Government, is used to suggest least as long as he or
the potential of imprisonment for she would have been
probability of being imprisoned. institutionalized.”
a given set of offence and offend-
We conclude this section with a er characteristics. Defence attor- Jerome Miller
few examples of client specific ney and case development judg- National Centre on
planning projects. ments are also used to modify Institutions and
these assessments. Alternatives

Sentencing Advocacy
Client Specific Planning -
Services: U.S. National
New Mexico
Centre on Institutions
and Alternatives New Mexico has committed
funds for a state-wide alternative
Often, client specific planning is a sentencing program. One or two
form of sentencing advocacy that case workers or social workers
has focused on the role of the staff each participating public
defence attorney in creating alter- defender office. Attorneys are
natives to incarceration. Dr. encouraged to refer felony cases
Jerome Miller, who closed the to sentencing staff early in the
Massachusetts Reform School court process if they believe a
system, coined the phrase. In prison sentence is likely.
1979, the U.S. National Centre on

Satisfying Justice / Church Council on Justice and Corrections 146

 Sentencing plans emphasize an Contact:
appropriate combination of drug The Sentencing Project
or alcohol treatment, offender 1156 15th St. NW
Suite 520
supervision, rehabilitative ser-
Washington, DC 20005
vices, and community or victim Tel. (202) 463-8348
restitution.

147 Satisfying Justice / Church Council on Justice and Corrections

Section Four: Satisfying Justice

A selection of initiatives that attempt to reduce

the length of custody by alleviating the enforcement of
imprisonment

Satisfying Justice / Church Council on Justice and Corrections

Contents
A selection of initiatives that attempt to reduce the length of custody by alleviating
the enforcement of imprisonment

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150

1. Community-Based Supervision Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Sexual Assault - One Congregation’s Story of Healing, Ontario . . . . . . . . . . . . . . . . . . . . . . . . 154
Keeping Kids Safe - Children and Sexual Abuse, Yukon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Coverdale Courtwork Services, Halifax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
Community-Based Supervision for Sentenced Offenders - New Brunswick . . . . . . . . . . . . . . 158
Community Service - Intermittent Offenders, Barrie, Ont. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
Stop and Think Program - Temporary Absence Program for Youth, Halifax . . . . . . . . . . . . . . 159
Other Variations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160

Some Judges’ Perceptions on Sentencing and Community-Based Programs .............. 161

2. Release Preparation for Successful Community Re-Integration . . . . . . . . . . . . . . . . . . . . . 162

Aboriginal Elder-Assisted Parole Board Hearings, Prairie Region . . . . . . . . . . . . . . . . . . . . . . 162
Entraide Détenu Anonyme - Early Release Program, Québec . . . . . . . . . . . . . . . . . . . . . . . . . . 166
Groupes sentences-vie, Montréal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
Life Line, Windsor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
Project Another Chance, Kingston . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
Post-Release Offender Project - Aboriginal Legal Services, Toronto. . . . . . . . . . . . . . . . . . . . . . 169
Respect Program, Brandon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169

3. Wilderness Camps ........................................................... 170

4. House Arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172

5. A Note about Electronic Monitoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173

Satisfying Justice / Church Council on Justice and Corrections

Introduction

This section describes initiatives gration, thereby making earlier

that attempt to reduce the use of release from custody a more like-
incarceration by reducing the ly prospect.
length of time for which that sen-
tence is “enforced”, i.e. actually These various forms of release,
served in a prison. particularly those occurring very
early in the sentence, are some-
The possibility exists in a number times supervised, in part or in
of jurisdictions for the judge to full, through electronic “monitor-
declare at the time of sentencing ing” or “surveillance”.
that the person is to be impris-
oned only on weekends, and be Finally, in some jurisdictions,
released for the “intermittent” “wilderness camps” are also con-
days. Another popular practice is sidered to be an alternative that
as follows: a sentence of impri- alleviates the enforcement of
sonment is pronounced by the incarceration in a more institu-
judge and the convicted person is tional custodial setting.
admitted to a prison, but, at some
point in time during the “admin- These initiatives may sound very
istration” of the sentence, is able appealing in theory and, in fact,
to benefit from an “early release”. the good news is that they are
A range of mechanisms has been successfully keeping many indi-
created for this purpose in many viduals out of prison without
jurisdictions throughout the added risk to the community.
world, with varying degrees of Contrary to the great public fear,
“supervision” attached to them: there is overwhelming evidence
temporary absence programs; day to date that dangerous, violent
parole; release into the communi- crime almost never occurs in con-
ty during the day only or, to the nection with “leaves”, “fur-
contrary, only at night with atten- loughs” and other such early
dance at the prison for a work releases (Mathiesen, 1995).
assignment or other occupation However, when such a rare
during the day; release (or partial tragedy does happen, it attracts
release) to a specialized or super- compelling media attention. It
vised setting, or, simply back makes one wish the occurrence
home. There also exist some could have been prevented by
important community-sponsored virtue of a different policy or law.
programming initiatives that pro- Yet we also know from a wide
vide prisoners with preparation range of empirical prediction
for successful community reinte- studies that it is almost impossi-

Satisfying Justice / Church Council on Justice and Corrections 150

 ble to predict the incidents of this will see. Nor can it be anticipated
kind that do occur. To guarantee that cost savings will ensue in the
that none would ever happen, future unless a deliberate policy
countless successful early releases decision is made to reduce prison
would have to be disallowed, space, as Québec and New
frustrating and embittering many. Brunswick have now announced.
This would further impact on Without this, there has been little
prison costs and likely contribute inclination on the part of prison
to even more serious social prob- administrators to favour early
lems in the future. releases at the expense of empty
prison beds. Yet there is over-
The other good news about these whelming evidence pointing to
early-release programs is that the comparative “success” rate
they have not been affecting over- these community measures have
all recidivism rates; to the con- had whenever and wherever they
trary, for some offenders it is have been used, and to their
incarceration and longer confine- enormous potential for cost sav-
ment that seem to increase the ings if they were not tied to
risk of recidivism! (Lin Song, prison admissions and capacities.
1993.)
More fundamental questions
The bad news, however, is that need to be asked about the pur-
these measures are not reducing pose some of these measures are
the overall prison population in serving with the particular popu-
actual practice; they are reducing lation for which they are being
prison overcrowding, but keeping used; and about the necessity at
existing space filled, with the all, in many of these cases, of
total prison capacity still continu- going through the motions of
ing to rise. In addition, because pronouncing a sentence of
they are a “trade-off” for impris- imprisonment that then has to be
onment, stringent conditions may administered so expensively.
be imposed with a zero-tolerance More cost-effective tools for “sat-
approach to non-compliance so isfying justice” could be found for
that a person may be re-admitted most of the population now con-
without committing another sidered eligible for these pro-
criminal offence, therefore grams. Some of these following
increasing again the prison popu- initiatives then, applied with care
lation. to a broader range of prisoners,
may more effectively help to
Neither are these measures reduc- reduce the overall use of incarcer-
ing costs, because the manner in ation in this country.
which many are administered is
still very expensive as well as
cumbersome and ineffectual in at
least some jurisdictions, as we

151 Satisfying Justice / Church Council on Justice and Corrections

1. Community-Based Supervision
Programs
(Temporary Absence Permits, Day Parole,
Intermittent Sentences)
Worse on weekends
Introduction Some worry that such administra-
As many as 30 people
tion of shorter sentences may serving intermittent
In theory, many of these programs change offenders’ perceptions sentences for assault
have been set up to provide access about the certainty and severity and drunk driving
to programs in the community or of punishment. Yet this concern were sent home when
seems unfounded given the over- they checked in last
to disrupt as little as possible a Friday to serve week-
person’s ability to carry on with all lack of effect on violent inci-
end time at the
employment or family responsibil- dents or increased recidivism. Ottawa-Carleton
ities. In practice, however, their However, it does raise serious Detention Centre (“Jail
utilization is fuelled in many juris- questions about the need for this sends home weekend
sanction in view of its costs. Its inmates because of
dictions by the need to relieve
use is usually justified by the strike,” March 5)
prison overcrowding. This has led
to pressures to apply the provi- need to send out “a message” to Superintendent Ashraf
sions rather chaotically, and some- the community. (For example, a Aial says, “None pre-
times, due to acute prison space couple whose infant son drowned sented a risk to public
shortages, without any regard in the bathtub while they safety.” But striking
watched television “had to be guard Rob Jones called
whatsoever for individual circum- sending the weekend
stances or plans. harshly sentenced to send a
prisoners home a
strong message to parents,” breach of public safety.
Citing one example in a 1993 which, according to the newspa- Whom do we believe?
report about the use of such pers, is what an Ontario judge The weekend prisoners
said... even though, he also said, are normally free week-
imprisonment in Québec, it was
he did believe the couple felt a days. Are they a risk
reported that the “week-enders” then? Or do they only
serving intermittent sentences are deep sense of remorse and grief turn dangerous on
sent to a motel, an empty school and didn’t intend to harm the week-ends when
or a halfway house to “wait out child... (The Canadian Press, OPESU is on strike.
their time”, or even back home. Ottawa Citizen, Nov. 8, 1995).
The mother got 60 days to be Don Hale, Nepean
Those benefitting the most from The Ottawa Citizen,
this mode of sentence are the served on weekends. Yet, the
March 6, 1996
video rental concessionaries, as best available research concerning
that is how many of these pris- deterrence argues against this as
oners are kept occupied for an effective tool. Isn’t it just hear-
their “day”, under supervision ing of the death of the infant that
in a waiting room (L’Association has the real impact for parents?
des services de réhabilitation In such a situation, is one really
sociale, ASRSQ, 1993). deterred by the mere fear or
threat of a jail sentence?

Satisfying Justice / Church Council on Justice and Corrections 152

 In the same report about Québec, ulation by and large which after
it was also noted that, during the admission is receiving in increas-
time period studied, 38.4 per cent ing numbers the various forms of
of the provincial prison popula- permits for community supervi-
tion had been sentenced to one sion. Ironically, this happens after
day or less, 68 per cent to 30 days being told by a judge, often with
or less and that the average the full knowledge that this will
length of stay of a convicted pris- happen, that they nevertheless
oner was about 33 days, with the “need to be sentenced to incarcer-
trend being to grant release to the ation”. Again, here, they are
community earlier and earlier being sentenced for the sake of
due to the crowded conditions. the message, not because a need
This attests indeed to the fact that is seen for the actual experience
there is wide recognition, includ- of incarceration itself.
ing among correctional adminis-
trators, that incarceration serves The bad news is that this makes it
no useful purpose in a large num- unnecessarily more stigmatizing
ber of cases. While the average and costly to deliver to them the
length of sentences had increased services that are sometimes made
by 20 per cent in the last year, the available in the community when
average length of time actually they are released. The good news
served in prison had decreased is that some of these programs
by 11 per cent (ASRSQ, 1993). It are quite helpful and effective,
is noteworthy that the govern- though they do not necessarily
ment of Québec has subsequently attend to all the reparative issues
announced plans to close several that would be required for satis-
prisons and to introduce a vigor- fying justice. Among the exam-
ous policy of diversion and ples given below, the first story
administrative sanctions. told shows what can happen
when members of a community
Similarly, in Canada as a whole, take on responsibility to deal with
66 per cent of all inmates admit- all the surrounding issues
ted to provincial institutions are ignored by the justice system’s
serving under three months penalty.
(Statistics Canada), only 8 per
cent are serving as much as one
year to two years less a day, and
88 per cent of admissions of
provincial inmates are for non-
violent offences. This is the pop-

153 Satisfying Justice / Church Council on Justice and Corrections

Sexual Assault - One Because there were no models which
Congregation’s Story of it could follow or adapt to its own
situation, the pastoral team, in con-
Healing junction with several members who
had expertise in relevant areas, devel-
This story concerns a man oped its process one step at a time,
charged with sexually assaulting never quite knowing what would fol-
his daughter. He was sentenced low.
to 30 days in prison to be served
on weekends as well as a num- The work was carried out at several
ber of other requirements inte- levels. Within the first two weeks,
grated into a plan developed by separate support groups were estab-
members of the church to which lished for Rob, and for his wife
he and his family all belonged. Carolyn and daughter Sandra. At
another level, the team tried to min-
A Story ister to other survivors of sexual
abuse or family violence within the
One Friday in June 1990, a member congregation by arranging support
of the pastoral team at Oakview meetings, paying for counselling,
Mennonite Church was informed and providing other resources and
that Rob, a congregational member, support.
had been arrested and charged with
sexually assaulting his daughter, With respect to the charges against
Sandra. (all names have been Rob, the congregation arranged for
changed) persons to be present with Rob at his
court appearance and subsequent
The congregation was informed by sentencing. Congregational mem-
the pastoral team and began a diffi- bers were instrumental in developing
cult journey of developing a process and presenting to the court a sen-
to deal with the issues raised by the tencing plan for Rob which included
abuse and of providing support to community service at a local sexual
family members and others. A con- abuse treatment centre and allowed
viction underlying this process was him to retain his job and his involve-
the belief that the church is for every- ment with community members.
one, and that Oakview was called to
minister to all persons affected: the
offender Rob, the victim Sandra,
other family members as well as
other survivors of abuse.

Satisfying Justice / Church Council on Justice and Corrections 154

 The congregational support and par- Contact:
ticipation in the preparation and Dave Worth
oversight of the sentencing plan MCC Ontario
54 Kent Ave.
made an impact on the court which
Kitchener, Ont.
imposed a custodial sentence much N2G 3R1
shorter than that normally given. Tel. (519) 745-8458
Fax (519) 745-0064
Later on, congregational members
helped Rob set up his own apartment
and provided transportation to and
from the detention centre where he
served his 30-day sentence on week-
ends. Keeping Kids Safe -
Children and Sexual
This was a difficult but important Abuse
experience for the congregation.
Yukon Territory
There was a wide range of opinion
and feeling about Rob and the appro-
Keeping Kids Safe is a Yukon
priate role of the congregation in his
program that promotes a holistic
case. There were differing opinions
approach to the protection of chil-
about the pace with which the con-
dren from sexual abuse. While
gregation moved toward resolution.
Keeping Kids Safe is not an alter-
Yet two and a half years after the
native to a custody program per
charges were laid, the members of the
se, we include it in this com-
congregation gathered for a special
pendium because it recognizes
service of healing which represented
several key elements in a more
an official conclusion to the congre-
effective, community-based
gation’s public processing of the
approach to the problem of sexu-
charge.
al offences in our midst. A pro-
gram description acknowledges
While the healing goes on, church
that neither jail nor offender treat-
members point to the personal and
ment alone provides protection
corporate gains that have come from
for children. Sexual offenders -
their willingness to stand and work
both those who have served sen-
with hurting people - both abused
tences and others who have never
and abuser.
been caught - will continue to
Adapted from “A congregation live in our communities. All
responds to both sexual abuser and adults who work or live with
abused”, Mennonite Reporter, April 19, children should share the respon-
1993. sibility for keeping kids safe.
Consequently, communities need
help to manage and reduce the
risk posed to children by those
who commit sexual offences.

155 Satisfying Justice / Church Council on Justice and Corrections

Currently, there are twelve Contact:
offenders from five Yukon com- Joy Waters
munities involved in the pro- Director of Community and
Correctional Services
gram’s risk management teams
Box 2703
which supervise them as they live Whitehorse, Yukon
and work in a community. All of Y1A 2C6
them served a portion of their Tel. (403) 667-8293
sentence in custody. The risk Fax (403) 667-6826
management teams are com-
prised of formal resource persons
and individuals from the offend-
er’s family or social circle. They Coverdale Courtwork
join with the offender on proba-
tion to first identify factors which
Services
put one at risk for re-offending Halifax, Nova Scotia
and then set, monitor and enforce
conditions to reduce these risks. A Story

This approach gives families who A woman was charged with 52

may have an offender in their counts of shoplifting. She had a pre-
own family, social group or vious record for the same pattern of
neighbourhood, the skills they offences, had been sentenced in the
need to best protect children. past to serve one week in prison, and
They learn to take away a per- the Crown was looking this time for
son’s opportunities to re-offend, a more significant period of removal
e.g. never having a known from the community.
offender babysit children.
Coverdale offered services to this
The community safety aspect of woman to explore whether an alter-
the program has designed work- nate plan could be developed that
shops to help adults understand, would be acceptable to the Court.
identify, respond to and prevent She had a pattern of making her neg-
child abuse. They teach how to ative choices around shoplifting in
create environments which are order to lavish gifts on her children.
safe for children. The focus of the work carried out
with this woman was to develop sug-
Keeping Kids Safe started three gestions for a sentence of “restorative
years ago and is a joint venture of measures” that would allow her to
the Yukon Territorial stay present with her family. She
Government, Health Canada and was married and her husband was
the Council for Yukon First supportive of her making restitution.
Nations. It was felt that this woman needed a
“wake-up call” about some aspects of

Satisfying Justice / Church Council on Justice and Corrections 156

 her life that were out of control. It In their experience, the key ele-
was impressed upon her that if she ments in attempting to provide an
wanted to stay out of jail there were alternative to incarceration which
a number of things she would have to is accepted by the courts are the
attend to. It was also impressed development of a definite plan
upon her that the Coverdale worker and the willingness of the client to
herself was “going out on a limb” by plead guilty. This has been effec-
taking the witness stand in Court to tive in a number of cases, includ-
propose an alternative to the prison ing the case of a woman charged
sentence requested. The judge gave with drug trafficking who had a
her six week-ends to serve in jail and previous record and for whom a
a suspended sentence to report to the sentence of at least 2 years in peni-
Coverdale worker, who was to notify tentiary had been expected. The
the probation officer if signs of alternate plan often includes coun-
“breaching” were to become immi- selling or therapy; an educational
nent. There has been no further process with the woman; making
occurrence for over two years. links with her to other community
agencies to help her meet different
Program Description kinds of support groups; and
reporting to probation.
Coverdale Courtwork Services is
a community organization for Even well developed alternate
women in conflict with the law plans, however, have not always
whose funding originated been acceptable to the judge, as in
through the support of the the recent case of a woman
churches from money raised as a charged with fraud and shoplift-
result of closing down and selling ing who was sentenced to impris-
a minimum security prison for onment anyway.
women. Coverdale employs
court workers in Saint John, New Coverdale staff have clearly
Brunswick and Halifax, Nova observed that no long-term reha-
Scotia to support women who are bilitation is possible through the
accused and to act as an interme- jail sentences given women.
diary with other helping organi- Recidivism is a big problem
zations. It also provides a com- because the minute a woman gets
munity chaplain in Halifax for out she can only afford to live
individual counselling and case- exactly where all the illegal action
work to deal with such issues as is. There is a lack of immediate
abuse, grief, loss and anger man- support upon release; a core of
agement. well prepared volunteers with cars
would be needed to meet the
woman at the gate and help her
through the first 48 hours, with a
“buddy system” to fall back on for
some significant period of time.

157 Satisfying Justice / Church Council on Justice and Corrections

Contact: was a reoccurrence of assaultive
Kathleen Jennex, Mary Haylock behaviour in the form of publicly
Coverdale yelled threats at his girlfriend at a
Suite 306
later date. John Doe was convicted
5670 Spring Garden Road
Halifax, N.S.
of two counts of assault and received
B3J 1H6 a seven-month and a two-month
Tel. (902) 422-6417 prison sentence, to be served consec- “The incarceration of
Fax (902) 425-3160 utively. He was released to commu- 15,000 sentenced
provincial and territor-
nity supervision following one third
ial inmates (and about
of his sentence. During this period, 4,000 people remanded
he enrolled in a vocational mechanics in custody) “eat” up 80
program, acquired a more stable liv- per cent of about one
Community-Based ing environment and lined up two billion dollars annual-
Supervision for part-time jobs that would not inter- ly. Why spend such a
huge amount of
Sentenced Offenders fere with his schooling. He ended the resources to go through
program at the two-third statutory the process of admis-
New Brunswick
release point of his sentence. sion and incarceration
Community supervision workers said when incarceration of
The John Howard Society of New most of these offenders
he had become self-sufficient, was
Brunswick developed is not required for pub-
able to take responsibility, improve
Community-Based Supervision lic protection? Why
appropriate behaviour and acquire a not seriously consider
for Sentenced Offenders (CBS)
more solid place in the community. much cheaper and more
to work with continuous/inter-
effective alternatives?
mittent sentenced offenders in an
Correctional institutions select eli-
Enhanced Temporary Absence ...We must, as a soci-
gible offenders who have already
program. It provides enhanced ety, adopt the concept
served one third of their sentence. that effective and effi-
home supervision of non-violent,
They are then screened by the cient sentences for
low-risk offenders, specialized
program staff; in any cases where these offenders means,
workshop participation, and has
assault or abuse is the current for the most part, non-
a community service component. incarceration. For
charge, the victim will be contact-
these people , commu-
ed and the victim must give
nity sanctions must
A Story approval to the plan of release; become the norm with
approved offenders are sent incarceration as an
John Doe has been under the commu- home to serve their sentence in alternative where nec-
nity supervision program twice. On the community under the super- essary, rather than vice
the first occasion, he had been con- vision of a Phone Monitor who versa”.
victed of common assault on his girl- contacts participants daily. There Willie Gibbs
friend and sentenced to 30 days in is a “zero tolerance” policy with Chair, National
prison. He served the mandatory one - regard to following all the condi- Parole Board
third of his sentence in prison and tions of their release. All partici-
was then released into the communi- pants must have a phone and
ty supervision program for the sec- make themselves available to take
ond third of his sentence in order to all Phone Monitor calls personal-
get into schooling and participate in ly.
anger-management therapy. There

Satisfying Justice / Church Council on Justice and Corrections 158

 The majority of charges are for event of poor weather, there is
breaches of probation conditions instruction and training related to
or default of fine payment, alcohol and drugs, employment,
frauds, assaults such as bar fights, education, health, etc.
though there have been some sex-
ual offences. The average length Contact:
Major David Thorburne
of sentence for anyone in the pro-
The Salvation Army
gram is seven days in the case of
Simcoe County Correctional and
full-time sentences and three days Justice Services
for intermittent sentences, 14 High Street, Suite 203
although any person sentenced to Barrie, Ontario L4N 1W1
a provincial institution is eligible. Tel. (705) 737-4140
Fax (705) 737-1009
Contact:
Brian Saunders
Executive Director
The John Howard Society of Stop and Think Program -
New Brunswick Inc.
Temporary Absence
618 Queen Street, Suite 5
Fredericton, N.B. E3B 1C2 Program for Youth
Tel. (506) 457-9810 Halifax, Nova Scotia

In Halifax, the YMCA has devel-

Community Service - oped the program, “Stop and
Think”, for youth serving a
Intermittent Offenders
provincial sentence. It provides
Barrie, Ontario an alternative to custody through
a temporary absence in the last
In Barrie, Ontario, The Salvation three months of their sentence.
Army offers a community service The curriculum, which is avail-
opportunity to offenders facing able for males and females,
intermittent sentence dispositions includes adventure-based coun-
at the Barrie Jail. This program selling, cognitive/life skills devel-
assists in the effective utilization opment and community service
of limited physical resources at work. Parental involvement is a
the jail by providing alternative, key element throughout.
creative community-based pro-
gramming which in turn helps Contact:
offenders to function better in the Roger Peters
work place and in the communi- The Greater Halifax/Dartmouth
ty. Successful applicants serve Community YMCA
one weekend at the jail, then 2269 Gottingen Street
Halifax, Nova Scotia B3K 3B7
report to the jail on Friday nights
Tel. (902) 422-9622
only and then to the Salvation Fax (902) 423-8530
Army site for transportation to
work locations related to park
maintenance and clean-up. In the

159 Satisfying Justice / Church Council on Justice and Corrections

Other Variations In several European
jurisdictions, judges are being
Québec continues to make exten- encouraged to convert prison sen-
sive use of “early release” provi- tences of up to six months to
sions through a range of prison- community service orders or
initiated community work and other types of immediate permis-
training activities (Programme sion to serve the sentence in the
d’Encadrement en Milieu Ouvert) community. In Italy, a form of
or referrals to community-based house arrest has been introduced
resources. Some resources are to offer the offender the possibili-
more innovative in offering an ty of serving a sentence of up to
alternative to incarceration to spe- two years at home, in another pri-
cific offender groups, for example vate residence or in a treatment
to women, (Expansion-Femmes centre. It may be applied to con-
de Québec, Québec; Maison victed persons in special circum-
Thérèse Casgrain, Montréal), or stances: for example, pregnant
to First Nations offenders women or nursing mothers;
(Maison Waseskun House, mothers with children under the
Montréal). age of three; the elderly or dis-
abled; young people under the
Various jurisdictions are seeking age of 21 having to study, work
ways to reduce the administrative or fulfil family obligations; and
costs of these alternatives, which people with delicate health.
(Alternative Measures to Imprisonment,
continue to require the process of
Council of Europe, 1991)
admission and incarceration. In
Québec, strategies are being
developed to get out of the busi-
ness of housing and lodging
offenders so that the financial
resources can be devoted to the
clinical, social and reparative
tasks that need to be facilitated.

Satisfying Justice / Church Council on Justice and Corrections 160

 Some Judges’ Perceptions on Sentencing and Community-Based Programs

A number of Canadian judges have indicated to us that they are seeing the need to devise new
and creative ways to approach their sentencing task: to relieve the overcrowding crisis, to look
for different solutions and alternatives to incarceration and to respond to some communities
and community agencies who want to take more responsibility for this.

A judge who has actually used “house arrest” feels it should be used more often in place of jail.

One judge expressed concern that, if the judiciary passes too much responsibility on to the com-
munity, they will not be able to provide the necessary services such as drug and alcohol pro-
grams, or anger-management counselling. It is for this reason that he continues, in cases of sexu-
al assault for example - where the sentence would normally entail at least two years imprison-
ment - to resort to a sentence that keeps the offender close to home but may, as a fall-back posi-
tion, have him incarcerated if community plans don’t work out. To this end, he sees to it that
arrangements can be made to allow him out on temporary absence immediately upon admission
to prison (i.e. earlier than usual) and for as long as there are programs available in the communi-
ty for his rehabilitation. Local correctional administrators participate in the sentencing hearing on
such occasions, agree to the immediate temporary absence opportunity; and the probation order
to be implemented at his eventual release is written so as to reflect this understanding.

“In essence what I have attempted to provide is a system whereby the community can, in
fact, take full charge of an inmate using available programs in the community and yet main-
tain a sense of control by giving him a term of incarceration whereby the correctional service
is in charge of the accused when he is not actually in a program which is beneficial to his
rehabilitation. This I feel meets the demands and requests of the community that they
become involved with the accused and yet satisfies the public that if the accused is not in
such a program then he is under the control of the correctional institution.”

However, another judge pointed out another additional element in sentencing, namely that soci-
ety wants a period of incarceration for certain types of crime regardless of the likelihood of re-
offending because they want the sentence to express punishment or abhorrence.

“.... it may be that only a program of direct and measurable community benefit by way of substantial
community service would satisfy the public that it is receiving greater overall benefit than through
incarceration,” he said. “I doubt whether society currently has the resources to establish/monitor such
programs as a regular substitute for custody.

... Further, given the current economy and the difficulty in cost of finding assets to enforce payment, a
program of heavy fines sufficient to make any realistic positive impact on the cost of the justice system
is likely impossible. ....It seems to me that the current demand on the justice system to deal more strict-
ly/punitively with offenders at every level will only change where society is persuaded by meaningful
example that counselling/community service/rehabilitation will produce less future crimes/danger, at
lower cost, than the current system.”

161 Satisfying Justice / Church Council on Justice and Corrections

2. Release preparation for successful
community re-integration

The availability of parole, and This initiative reflects the recogni-

initiatives to better prepare pris- tion that panel members unfamil-
oners for release, are also an iar with particular cultures and
important consideration in any needs could benefit from the wis-
effort to reduce the use of incar- dom of someone intimately famil-
ceration. Research has shown iar with them. It helps the Board:
that the longer a person is examine the role of ethnocultural
removed from society, the weaker factors in attitudes, language, and
his or her social bonds are with values; identify sanctions and
other people, family, work and supports of a particular cultural
the economy. Weakened social community; assess their influence
bonds resulting from incarcera- on the risk of re-offending, the
tion are likely to increase an reintegration potential of the pris-
offender’s propensity to commit oner and the management of risk
new crimes after release. Adjust- on release.
ment difficulties after the offend-
er is released from prison, such In aboriginal communities, elders
as social rejection, may also are spiritual leaders who have
influence re-offending behaviour earned respect for personal wis-
(source: Lin Song, 1993). dom and moral perseverance,
through sacrifice, dedication and
learning, and a holistic approach
Aboriginal Elder-Assisted to issues. At the hearing, the
Parole Board Hearings elders’ presence is affirming of
the community; they are not
Prairie Region, National strongly connected to the prison.
Parole Board Their role is to bring knowledge
to the decision-makers, not to
The Prairie Region of the become experts on parole. The
National Parole Board has initiat- elder brings to the hearing an
ed Aboriginal Elder-Assisted awareness and reminder of the
Panel Hearings, where the pres- spirituality of human beings.
ence of an elder at the hearing Prayer is offered to open the door
provides a resource for the deci- for the Creator to enter; it is a
sion-makers and an inspirational request for honesty and respect
force for the prisoner. among all involved, for protec-

Satisfying Justice / Church Council on Justice and Corrections 162

 tion of the board members, the The Process for an Elder-Assisted
offender and others, for the right Panel Hearing
decision to surface.
1. Hearing assistant verifies with
For the elder-assisted panels, the offender outside the hearing
interviewing style and questions room, whether the offender
also differ slightly from regular wishes to be present for
panel hearings. The interviewing prayer (if he does not, the
is to be conducted in a non- prayer is conducted before the
aggressive, non-confrontational offender enters the room).
manner and the questions are to
focus on the offender’s efforts 2. In the hearing room, the hear-
towards healing of himself or her- ing assistant or Board member
self, the victim and the communi- shares with the elder a brief
ty. The current situation, pro- summary of the offender’s
gram participation and its bene- file.
fits, and future plans are likely to
receive more attention than the 3. Offender, case management
past or (the expression of) and others are invited into the
remorse. It is, however, the inten- hearing room.
tion of every panel to address the
risk assessment policies for parole 4. Hearing assistant leads intro-
decisions. duction and ensures that the
offender’s rights with regard
For the most part, the feedback to the process have been
has been very positive from staff, respected.
observers and offenders, whether
they received a grant or denial 5. If requested by offender, the
from the panel. It is felt that the elder offers prayer.
elder contributes to an atmos-
phere of respect unlike other 6. Update by case management
hearings. Decisions are accepted on offender’s file.
without visible rancour, offenders
tend to feel more satisfied with 7. Interview by Board members.
the process and the panel seems
to be less tiring for board mem- 8. Optional for elder: clarifica-
bers and staff. tion of viewpoints expressed,
particularly those of an abo-
riginal cultural nature.

163 Satisfying Justice / Church Council on Justice and Corrections

9. Offender’s assistant is given The assault was against his then
the opportunity to speak to common-law wife. Reportedly they
the Board members on the were fighting over some drugs. Her
offender’s behalf. injuries included a minor black eye,
and some swelling and bruising of
10. Optional: break for the cheek.
Board’s deliberation. During
a break only the Board mem- There has been one prior conditional
bers, Hearing Assistant and release granted. This was a day parole
elder will remain in the hear- granted in April 1992 that was sus-
ing room. Board members are pended in August 1992. The day
responsible and accountable parole suspension was cancelled in
for the decision but they may October 1992, with the day parole
seek advice, particularly cul- being suspended a second time and
tural, from the elder. revoked in January 1993. While in
the community on conditional release,
11. Board members share decision the Offender committed the following
with offender. All partici- offences: possess stolen property - 30
pants will be present for shar- days consecutive; possess narcotic
ing of decision. (Cannabis Resin) - 60 days consecu-
tive; break and enter and commit, - 30
12. Optional for elder: share wis- months consecutive.
dom/advice with offender.
The Offender’s involvement with the
13. Adjourn law started when he was 18 years old
and was convicted of Break and enter
The following case history illus- and Commit and received a $400 fine
trates the kind of case and per- and one-year probation. His previ-
son who benefits from elder- ous criminal career has consisted of
assisted panels. six convictions for possession of nar-
cotics; Break and enter and Theft,
Criminal History Theft under $1,000; and Break and
enter and Commit. This is his first
The offender is a 34-year-old male federal sentence. Previous sentences
serving the remanet of an aggregate had involved 60 days, another of nine
sentence of five years, six months, months, and the remaining were
two days for possession for the pur- fines and probation periods.
pose, assault, possession of goods Previous to this sentence, he had
obtained by crime, possession nar- completed all periods of probation
cotics and three counts of break, and supervision without incident.
enter and commit. The current term
started in 1991 with a three-year Personal Profile
sentence for the possession for the
purpose conviction and 60 days con- Offender grew up in interior B.C as
current for the assault conviction. the second of two boys. His brother

Satisfying Justice / Church Council on Justice and Corrections 164

 has had no criminal history. His Major Risk Needs identified
father is now retired. His upbring- through correctional assessment
ing appears very normal. He reports
that there was only one time that he • substance abuse treatment/coun-
remembers his father hitting him. selling;
He left school and home at age 15 • emotional/relationship stability;
because he did not want to abide by and
his curfew or his parents’ rules. He • employment pattern.
never completed grade eight.
Contact:
Since leaving home and school, he Irene Fraser
has been fully employed. Initially he National Parole Board - Prairies
601, 229-4th Ave. S.
worked odd jobs until he started
Saskatoon, Saskatchewan
working in the oil patch at 18. This S7K 4K3
is seasonal work and in between he Tel (306) 975-5286
has drawn unemployment insurance. Fax (306) 975-5892

He was involved in his first com- The Prairie Region of the

mon-law relationship at age 18. This Correctional Service Canada is
lasted for seven years and they had also preparing to pilot a project
two children, one of whom died at whereby 40 to 70 prisoners will
four. At time of sentence, he was be given the opportunity to par-
involved in a second common-law ticipate in a “circle process” with
relationship. His wife has two chil- members of the community sig-
dren from her previous relationship nificant to them, including the
and they were expecting when he victim(s) of their offence. The cir-
was charged. cle process is intended to assist in
the development of their correc-
While he has been convicted of tional plan as well as at several
assault, the information from his case points in the process leading up
management officers as well as police to decisions pertaining to their
describes the offender as non-aggres- release.
sive and non-violent.
Contact:
Substance Abuse History Rémi Gobeil
Deputy Commissioner
CSC - Prairies
The offender reports having first
Box 9223
used marijuana when nine years old. Saskatoon, Sask.
He has smoked hash and pot and S7K 3X5
used some cocaine. At one time he Tel. (3060 975-4850
considered himself a drunk, just prior Fax (306) 975-5476
to this sentence commencing, but he
now reports drinking only about
once a week. Prior to this incarcera-
tion he never received drug or alcohol
treatment.

165 Satisfying Justice / Church Council on Justice and Corrections

Entraide Détenu siveness or aggressiveness. The
Anonyme - Early Release program, which lasts 14 weeks,
begins with 10 weeks of day pro-
Program gramming at the half-way house
Québec facility, using adult education
learning approaches in a group of
In Québec, an innovative program five people. It is based on a holistic
has been started by a community process to gently mobilize the ener-
agency in collaboration with the gies and will of the participants,
local prison to assist chronic using the principles and techniques
repeat offenders who are serving of psychosynthesis. It provides
prison sentences. They are simple tools and user-friendly aids
released early to live on their own for personal study and reflection to
in the community for the purpose help each participant identify indi-
of this program, rather than to the vidual aspirations, set personal
agency’s half-way house. objectives and develop as a per-
sonal “project” some realistic plans
Entraide détenu anonyme is par- to meet certain goals. The dynam-
ticularly geared to prisoners who ics of the small group are very
need support due to behaviour dif- mutually supportive as members
ficulties such as timidity, impul- share on a daily basis the chal-
lenges they are encountering in
What was the average annual cost
of incarceration by security level resuming their life in the communi-
in a federal institution during ty. For the remaining four weeks
1993-94? each person receives individual
support as he carries out the plans
Security Level Average annual
he has made. This initiative has
cost per offender
received a very enthusiastic
Maximum security $65,371 response to date from all those
involved; its holistic approach
Women's facilities $78,221
appears to be particularly helpful
Medium security $40,008 for dynamically engaging offend-
Minimum security and ers in their own self-motivated par-
Correctional farms $39,171 ticipation in a constructive lifestyle
Community Correctional in the community.
Centres $27,001*

Average annual cost $45,753** Contact:

Guy Dalphond
* Community Correctional Centres (CCCs) primarily Maison Radisson
house offenders on day parole and are designated as
minimum security institutions 962 Ste-Geneviève
CP 1075
**The average annual cost per offender includes those Trois- Rivières, Québec
costs associated with the running of the institutions
only and does not include parole related costs, trans- G9A 5K4
fer payments and operational costs of headquarters Tel. (819) 379-3623
and capital expenditures; it also excludes the COR-
CAN revolving fund.
Fax (819) 379-3464

Basic Facts about Corrections in Canada 1994 Edition

Satisfying Justice / Church Council on Justice and Corrections 166

 and actively preparing for their
In France, a new program has judicial review when required.
been set up offering informa-
tion and guidance for prisoners Contact:
recently freed in the Paris Huguette Sauvé
region. This new service is CEJC
original in that it brings togeth- 2715 chemin de la Côte Ste-
Catherine
er in a single location a team of
suite 322
social workers and a number of Montréal, Québec
representatives from institu- H3T 1B6
tions and associations, respon- Tel. (514) 738-5075
sible for emergency housing, Fax (514) 731-0676
social security, employment,
health and so on. The aim is to
propose ways of integrating
the person concerned who can
thereby regain his personal,
Life Line
professional and social identity Windsor, Ontario
(Alternative Measures to
Imprisonment, Council of Europe, Life Line, a project of St.
1991). Leonard’s House, Windsor, was
specifically designed to contact
Interesting initiatives to offer all the men and women serving
resources to assist prisoners life sentences in federal peniten-
upon release have also been tiaries in Ontario, and facilitate a
taken in other jurisdictions, by structured and individualized
community members who are release plan for each one. It
former prisoners themselves, begins by reaching in to the Lifers
by other community members in the prison to assist them in
and by specialized agencies. managing the course of their sen-
tence while incarcerated, and to
prepare for their judicial review
and/or parole. The majority of
Groupes sentences-vie Lifers (75 per cent) have never
Montréal, Québec been in a penitentiary before. In
many cases, this homicide is the
Community volunteers coordinat- first crime they have ever com-
ed by Le Conseil des Eglises mitted. They have the highest
pour la justice et la criminologie success rate of never repeating
reach in to prisoners serving life their offence - 98.4 per cent. The
sentences by attending the meet- goal is to provide them with com-
ings of the Groupes sentences- munity support and an opportu-
vie. They assist them in main- nity for gradual and supervised
taining and strengthening their reintegration into the community
ties to family and community, with public safety as a prime con-

167 Satisfying Justice / Church Council on Justice and Corrections

sideration. They are also working offer inmates a sympathetic ear
to encourage other communities within local calling range where-
to assume this responsibility and by they can vent their feelings of
make the national exchange of rage, fear, anger and confusion.
resources for Lifers possible Volunteers are trained in suicide
across the country. intervention and active/support-
ive listening skills and are
Contact: equipped with the information to
Skip Graham give service users further referrals
St. Leonard’s House whenever necessary. Future
491 Victoria avenue
workshops will train volunteers
Windsor, Ontario
N9A 4N1
in such areas as anger, self-injury,
Tel. (519) 256-1878 sexual assault, and grief and
Fax (519) 256-4142 bereavement.

Sensitive to the particular prob-

lems facing native inmates, “A life sentence con-
Project Another Chance offers demns the prisoner and
Project Another Chance special training on native cul- his family to a lifetime
of longing and grief.
Kingston, Ontario ture/issues as part of its volun-
The dull hopelessness I
teer orientation. see in the eyes of many
Project Another Chance (PAC) is prisoners, including
a new, non-profit organization The participation of ex-offenders (my son) Peter is, to
established in Kingston to pro- in the project offers a special link me, a manifestation of
for parolees experiencing the dif- the evil of the justice
vide women who are or have system.”
been in conflict with the law ficulties of re-entry into the com-
access to a range of services and munity-at-large. P.A.C. founder Joan Stothard
resources. The project tries to Melissa Stewart recounts the The fight of her life,
help these women address their story of one woman she peer- The Globe and Mail
physical, emotional, intellectual counselled upon the latter’s
and social needs in a caring man- release on parole. “Marge” had
ner which promotes a sense of lost many of her life-skills during
personal growth. her sixteen years in prison. For
Melissa, Marge’s hurt, confusion
Comprised of a tiny staff and and lack of self-esteem upon re-
over 40 well trained volunteers, entry into society were evocative
including several ex-offenders, of many of her own early reac-
P.A.C. is forging a community tions to parole. Over many
link for Prison for Women months, Melissa provided Marge
inmates and ex-offenders through a sympathetic ear and practical
the maintenance of an up-to-date information on basic cooking,
data bank of information on com- math and English skills.
munity resources, a prison Gradually, Marge’s confidence
newsletter and a crisis phone cen- grew; she was able to upgrade at
tre. The “Right-On Line” will school, and was finally able to

Satisfying Justice / Church Council on Justice and Corrections 168

 feel comfortable as a member of Contact:
the outside community. Patti Mcdonald
Aboriginal Legal Services of
Toronto
The decision to make good on
197 Spadina Avenue
one’s parole is a major change in Toronto, Ontario
lifestyle, and like any other, takes M5T 2C8,
courage and commitment. The Tel. (416) 408-3967
unconditional love and practical Fax (416) 408-4268
guidance that Melissa and Project
Another Chance’s volunteers
offer women like Marge empow-
ers them to make this choice.
Respect Program
The arguments that Contact: Brandon, Manitoba
psychiatrist Thomas
Melissa Stuart
Szasz directs against
Project Another Chance The Respect Program (Release &
involuntary commit-
P.O. Box 1801
ment to mental hospi- Employment Support Planning
Kingston, Ontario
tals apply equally to Effecting Constructive
K7L 5J6
the involuntary incar- Tomorrow), sponsored by the
Tel. (613) 544-9100
ceration of offenders -
the political nature of
Fax (613) 544-4181 John Howard Society of Brandon,
the process, the viola- supports upon release provincial-
tion of civil rights, the ly-sentenced men who are at risk
inevitability of abuses of re-offending because of a histo-
in places hidden from ry of unstable employment.
public view, and the Post-Release Offender
Their Release Planning Course
corrosive effects of the Project - Aboriginal Legal
institutional routine also provides opportunities to
upon everyone connect- Services hear from community resource
ed with it. Toronto, Ontario people the options available in
the community for various issues.
The End of As a result of this course, many
Imprisonment, Aboriginal Legal Services of
Robert Sommer Toronto is seeking to establish a apply for early release because
post-release offender project to they have renewed options in the
integrate into the aboriginal com- community.
munity of Toronto the many
aboriginal offenders who have lit- Contact:
tle option but to remain there. It Russell Loewen
John Howard Society of
is believed that regaining one’s
Brandon
Native spiritual heritage is a way 220 - 8th Street
of healing and reducing recidi- Brandon, Manitoba
vism. R7A 3X3
Tel. (204) 727-1696
Fax (204) 728-4344

169 Satisfying Justice / Church Council on Justice and Corrections

3. Wilderness Camps

Wilderness Camps offer residen- a camp experience will be seen to

tial programs in a wilderness be having a lasting positive
environment to young offenders, impact (National Crime
some of whom are currently Prevention Council, 1995).
serving open custody or are on
probation. Unfortunately, there exists a
broad spectrum of types of camps
In some jurisdictions they are ranging from the wilderness
designated as “one-below con- model described above to increas-
tainment”; they are thought to ingly discipline-centered and mil-
reduce custody, in that youth sent itary-style boot camps.
there would otherwise be placed Regrettably, the political climate
in custody. Camp Trapping in which is currently fostering a
British Columbia and Project new interest in promoting more
Dare in Ontario are two examples “camps” for young offenders is
of wilderness camps that combine fuelled significantly by a desire to
a challenging outdoor survival increase the punitive dimension
and cooperative living experience of the response to youth crime;
with group counselling that seeks politicians recommending this
to strengthen self-awareness and development stress the elements
develop self-confidence and self- of suffering and harsh labour to
esteem. send a message about deterrence
and punishment that they believe
Wilderness camps are positive will reduce future crime. The
experiences for some youth. best available evidence, however,
However, while in theory this points to the fact that this is not
program can prove to be enhanc- an effective tool for this purpose;
ing for some young people with unfortunately, there is now a
an otherwise stable home envi- great risk that this message will
ronment and lifestyle, any short- erode the positive elements of
term benefits can be quickly wilderness camps such as those
undermined if the youth goes described above.
back to the same difficult commu-
nity conditions that contributed It is understandable that people
to his or her criminal behaviour are frustrated with the justice sys-
to begin with. Research indicates tem; they know that what we
that intensive follow-up supervi- have been doing is not working.
sion enabling youth to pursue They want to “get tough” on
education, training, treatment crime and they believe, because
and counselling back home are politicians are not telling them
the key factors to whether or not otherwise, that the way to do so

Satisfying Justice / Church Council on Justice and Corrections 170

 is to put more people in jail and prison population remains rela-
keep them there longer. tively constant or even increases
Politicians who want to save (Parent, 1995). Some state boot
money by decreasing prison pop- camps even cost as much or more
ulations and prison costs are per day than regular prisons
attempting to create alternative (Cronin, 1994). Arizona
forms which are appealing Corrections is terminating this
because they will increase the suf- sentencing alternative because it
fering during the sentence. This is not an effective use of prison
is not a smart way to get tough, funds or staff time. Wilderness
nor to save money. It merely Camps in British Columbia have
increases the waste of tax dollars also recently been suspended
because it fails to address the real pending an investigation.
problems.
Politicians who want
When people are frustrated with
to save money by
Because of this pressure for more the system, what they are often
decreasing prison pop-
punitive camps, it is important to really calling for is a response
ulations and prison
recall American research which that deals with offenders more
costs are attempting to
cites evidence from more than 65 effectively, and a response that
create alternative
U.S. boot camps that they do not gets tougher on the causes of
forms which are
reduce recidivism (MacKenzie crime as well. Wilderness
appealing because they
and Souryal, 1995). Another Camps may help a few individu-
will increase the suf-
study of eight boot-camp prisons als but they are not an alterna-
fering during the sen-
revealed that programs which tive that can answer to these
tence. This is not a
provide only physical training, needs, nor provide satisfying
smart way to get
hard labour and discipline may justice.
tough, nor to save
actually increase rates of recidi-
money. It merely
vism (MacKenzie and Souryal).
increases the waste of
There is evidence that they
tax dollars because it
reduce prison overcrowding only
fails to address the real
if program admissions are tightly
problems.
controlled to ensure that spaces
are provided solely to prison-
bound offenders. However, this
is often not the case; boot camps
typically admit to their programs
non-violent offenders with no
prior incarceration record, in
other words those who might
otherwise have been sentenced to
probation or community-based
alternatives rather than prison.
As such, correctional costs may
actually rise with the implemen-
tation of boot camps while the

171 Satisfying Justice / Church Council on Justice and Corrections

4. House Arrest

A Few Stories arrest, he had been considered a

model citizen. His wife had died
A man in his seventies was convicted violently leaving him with a 16-
of tobacco fraud involving approxi- year-old daughter to care for. He
mately $10,000 in cigarettes. The began drinking and the offence
judge sentenced him to two years occurred while under the influ-
probation and fined him $10,000, ence. “I had the option of send-
with the first three months to consist ing him to jail whereupon he
of house arrest. Two other men con- would have lost a well paying job
victed for the same incident received and left a daughter vulnerable.
a jail sentence. There was a human cry to jail
him. Instead of jail I chose house
For those three months, this man arrest. I suspended his sentence
was: not to be more than 500 feet for one year, placed him on pro-
outside his home and could only bation with the following clauses:
leave his property for authorized he was allowed to leave his home
medical treatment; not to consume at 6:30 each morning to drive
alcohol; to restrict visits to family from the South Shore to his job at
members, only two at a time, on the Halifax waterfront, returning
Sundays between 2:00 p.m. and 4:00 by 6:30 p.m. He had to attend for
p.m. (in addition, the judge named treatment as well. Except for trav-
three family members who could not elling to and from his place of
visit together). employment or counselling,
where he could travel alone or
While the judge cited the man’s age going for groceries when his
and health as reasons contributing to daughter had to accompany him,
the non-custodial sentence, this he had to remain at home. To
man’s probation officer felt the sen- monitor him, a probation officer
tence was “an excellent one that was assigned to phone him at
would make sense for others not as random hours. The sentence
old or sick”. The probation officer worked without a hitch. No cost
said this man found the sentence for jail, no loss of employment,
quite onerous. He was relieved when treatment for his sexual and alco-
the house arrest ended. hol misbehaviour and, most
important, the family remained
A judge wrote us to recommend together.”
house arrest more often in place
of jail. He recounted a case where The judge felt an electronic moni-
a man was charged with sexual toring bracelet system should be
assault, “not a serious kind but it tied to house arrest. We look at
was sexual assault”. Before his this option next.

Satisfying Justice / Church Council on Justice and Corrections 172

 5. A Note About Electronic Monitoring

Electronic monitoring or surveil- According to a recent study by the

lance as a correctional measure U.S. National Institute of
consists in verifying the pres- Corrections, there is growing evi-
ence of a convicted person in a dence that the system needs re-
given location by means of high evaluation: the technology and
technology equipment. This is methods are far from error-free
done either through telephone and offenders often disappear
checks (passive surveillance) or from their homes. Such technolo-
the continual monitoring of gy is not what can be counted on
individuals as they wear to ensure public safety. Electronic
bracelets which emit signals tagging also fails to address the
(active surveillance). This active many other socio-economic condi-
system is the one which has tions and reparative issues related
been most frequently imple- to justice and crime prevention;
mented, as well as a combina- the John Howard Society of
tion of the two methods. Newfoundland operates one of
the only “bracelet” programs to
The objectives of electronic moni- include a rehabilitative compo-
toring are universally stated to be nent. In many programs, offend-
to reduce the prison population ers must themselves pay for all or
and to protect society effectively a portion of the cost of the pro-
with minimal social and economic gram. Poor offenders often do not
costs. It was invented in the have the funds, nor decent hous-
United States and its use has been ing in which to spend their sen-
experimented throughout that tence, nor a telephone, and are
country as well as in England, sev- therefore not afforded equal access
eral European countries and sev- to this sentencing alternative.
eral Canadian provinces. In the
U.S. alone from 1987 to 1991, its While electronic monitoring has
use tripled every year (Schmidt, been known to put additional
1985). This popularity can be stress on some families, many
attributed to prison overcrowding, have experienced it as a more
the economic crisis and disillu- humane form of sentencing than
sionment vis-à-vis probation case- incarceration. And it would
loads that are feared to make appear that it has posed no
supervision highly ineffectual greater risk to society than incar-
(Latulippe, ASRSQ, 1994).

173 Satisfying Justice / Church Council on Justice and Corrections

ceration would have: its recidi- tainly a profit to be made not
vism rate is almost nil, according only from equipment require-
to all the literature reviewed by ments, but from all the derivative
Latulippe. There is a good gadgets that are surfacing to “dis-
chance that this can be attributed, arm” the equipment, to “detect”
however, to the very select popu- the disarming equipment, and so
lation that is allowed to benefit on. It also necessitates that a
from it, rather than to the pro- minimum population be serviced,
gram itself. The research indi- which has led at least two
cates that it is often added on to Canadian jurisdictions to widen
probation for people who would the net with low-risk offenders in
not otherwise be jailed, or used order to meet the quota
for people released from prison (Latulippe, ASRSQ, 1994).
who could have more appropri-
ately been referred to other exist- It is a technology for whom a
ing resources. It has, in fact, also clientele has been artificially cre-
incurred greater costs than antici- ated and inflated, rather than a
pated and has not reduced prison technology put to rational good
populations or prison costs in use in service of the community’s
most jurisdictions. real needs. Its main function is
strictly to “reassure the public”,
Electronic surveillance has been and at the moment it is providing
aggressively marketed by high- an illusory and needlessly expen-
tech companies and there is cer- sive “false” reassurance.

Satisfying Justice / Church Council on Justice and Corrections 174

 Conclusion

We were astounded to discover extent, and results there have

that the many initiatives been similar: these have not, by
described in this compendium and large, replaced sentences of
have not reduced the overall use unconditional imprisonment,
of imprisonment in Canada. which have themselves increased
Despite many good intentions, in length, and there has thus been
they too often end up, in the no declining effect on the
words of Irvin Waller, as “long- demand for prison capacity as
term wolves in short-term sheep’s seen in relation to the crime level
clothing”. Nearly all European (Council of Europe, 1991).
countries have also introduced Moreover, the situation is expect-
some of the “alternative sanc- ed to worsen here unless other
tions” to a greater or smaller administrative, legislative and

1996-2005
Projected Rate of Incarceration
for federal institutions in Canada
Accommodation %
Count Increase
1996 14,500 - 1.66%

1997 14,937 3.01%

1998 15,374 2.93%

1999 15,810 2.84%

2000 16,247 2.76%

2001 16,684 2.69%

2002 17,121 2.62%

2003 17,558 2.55%

2004 17,995 2.49%

2005 18,433 2.43%

Correctional Services of Canada Information Management System - Year End

175 Satisfying Justice / Church Council on Justice and Corrections

educational policies are also Why do we persist in
introduced. (Some jurisdictions using unconditional
have begun to do this with
greater success than we have had
imprisonment?
to date, as will be discussed in
the What Can Be Done section of Yet this escalation in the use of
this Conclusion) imprisonment is not warranted
by any of the evidence about its
impact on community safety, the
Signals of a Worsening overall crime rate or the particu-
Situation lar requirements of its use strictly
to contain violent behaviour. The
The demand for increased prison majority of crimes are still prop-
capacity in Canada can be expect- erty crimes. More than half of
ed to multiply partly because the violent crimes are non-sexual
dramatically rising number of assault and do not involve a
youths being criminalized at pre- weapon or serious physical
sent will put additional pressure injury. Canadians tend to signifi-
on the adult system; it is well cantly over-estimate the extent of
known that punitive imprison- crime and particularly violent
ment often increases the risk of crime. There has been virtually
recidivism and that “even a short no change between 1988 and 1993
spell in custody is likely to con- in the proportion of Canadians
firm them as criminals” (Council who reported being a victim of
of Europe, 1991). In addition, it is crime. (Government of Canada,
anticipated that changes to legis- 1995).
lation and related initiatives will
further burden the system, i.e. It would appear that, as has been
Young Offenders Act, Task Force said of their use in Europe, the
on Violent Offenders, Firearms vitality of custodial sanctions is
Control, Corrections and due, among other factors, to the
Conditional Release Act amend- emphasis laid on the symbolic or
ments, Sentencing, and expressive function of punish-
Immigration Act amendments ment (Council of Europe, 1991).
(Government of Canada, 1995). Yet it is a costly symbol indeed
Such government action also rein- when one considers its true
forces the belief among effects in practice.
Canadians that incarceration is
the appropriate and effective
response to crime.

Satisfying Justice / Church Council on Justice and Corrections 176

 Research has shown, for example, imprisonment cannot be justified
that money spent on the very by any evidence that it will deter
ambitious and expensive prison others from such violent crime.
construction program that Of course, as Doob has pointed
California embarked on in the out, while they themselves are in
1980s purchased nothing when it prison, they aren’t on the street
came to curbing the rate of vio- committing crime. “The ques-
lent crime (Ekland-Olsen et al., tion, then, is not whether ‘one
1992); in fact, the rate began to go crime would be avoided’ by some
up in 1986 and has continued incapacitation strategy. The ques-
going up since (Doob, 1995; tions are ‘What is the cost’ and
Guardian Weekly, April 10, 1994). ‘Would some other strategy for
This is consistent with previous the use of scarce resources be
findings elsewhere on the effect more effective in saving lives?”
of incapacitation on offenders (Doob, 1995). Sudies have con-
convicted of murder, rape, rob- cluded that the current strategy,
bery, and aggravated assault. while having little impact on the
“It is judges who overall crime rate, has the addi-
impose sentences... but “Many of these individuals must tional disadvantage of carrying
it stands to reason that have committed their offences as with it a high degree of inaccura-
judges will modify impulsive responses to the situa- cy: many offenders who would
their approach if we tion confronting them, some- not have offended after release
reduce the number of
times under the distortions of will nevertheless be detained
spaces available in
prison.” alcohol or drugs, sometimes by a longer, (Roberts, 1995), at a high
transitory loss of control in a financial and social price.
Lysiane Gagnon condition of fear or anger. No
La Presse incapacitation policy is going to Between 1982 and 1993,
April 22, 1995 prevent many crimes committed California spent $14 billion on
under these circumstances. It is prison construction; the prison
likely that our cohort is fairly population rose by 500 per cent
representative of experiences else- and the overall crime rate
where, and that a large number increased by 75 per cent (“Real
of the violent crimes cleared by Answer to Stopping Crime”,
the police are of this character - Guardian Weekly, April 10, 1994).
first offences committed under In 1992, a comparison was done
stresses and influences inaccessi- with Texas, which had dealt very
ble to the preventive processes of differently with the pressures on
the law.” (Van Dine et al., 1979) its own prison system in the
1980s; constrained by a state
This is by no means to deny that economy in recession, it had
these offenders must still be held opted for less prison construction
accountable, and the safety, jus- and more reliance on parole. The
tice, reparative and healing issues only difference found between
must be addressed. But the use the two crime rates was some
of the expensive tool of punitive increase in repetitious property

177 Satisfying Justice / Church Council on Justice and Corrections

offending patterns, but with some “The idea behind deterrence...
indications that this could also be assumes that people will examine
attributed to the heightened the probability that they will be
unemployment rates that Texas caught for what they are about to
was also experiencing during do, and determine that there is a
those same years (Ekland-Olsen, reasonably high likelihood of
1992). There is simply no conclu- being caught. It assumes that
sive evidence, based on the best they know what the likely penal-
available knowledge, that the use ty would be and it assumes that
or varying length of incarceration they believe that if they are
serves as a greater deterrent than caught they will receive the
do other options, even for proper- penalty. Finally, when one looks
ty offences (Song, 1993; Ekland- to increased penalties to deter
Olsen, 1992; Roberts, 1995; Doob, people, it assumes that people
1995). As stated earlier, there is would be willing to commit the
some reason to believe the oppo- offence and receive the penalties
site: recidivism rates of offenders currently being handed out, but
sent to prison are higher than they would not commit the “Crime rates rise and
those of individuals who receive offence if the penalty were harsh- fall according to laws
and dynamics of their
non-custodial effects (Roberts, er.
own and sanction poli-
1995) and harsh penalties may in cies develop and change
fact increase crime rates (Lilles, But people are not thinking about according to dynamics
1995). being caught.... They may be of their own: these two
thinking about how not to be systems have not very
caught, but few people commit much to do with each
So what happened to other.”
deterrence? offences assuming there is a high
likelihood of being apprehended” Patrik Törnudd
(Doob, 1995). Finland, 1993
This evidence about deterrence is
of course highly contrary to pop-
A further problem is that for
ular public belief and, as such, it
many crimes, if offenders were to
deserves considerable public clar-
calculate coldly and rationally
ification. While deterrence may
what the probable penalty would
“work” with some people when
be, they would realize that they
there is a certainty of apprehen-
have a very low likelihood of
sion for parking tickets and a
being apprehended, let alone con-
fine, for example, the strict condi-
victed - for robbery, for example,
tions that are required for deter-
about 10 percent. The research
rence to “work” cannot be met in
shows that those who are convict-
the area of crime. Doob explains
ed are in fact sentenced much
this as follows:
more severely than most
Canadians estimate (almost
always a prison term, often two
to three years in penitentiary).
There is no evidence that poten-

Satisfying Justice / Church Council on Justice and Corrections 178

 tial offenders go through a terculture, as opposed to
process of deciding that the crime increased conformity to the domi-
is worth it for the present penalty, nant culture: people who are
but would not be worth the risk if imprisoned the most tend to
the penalty were four or five come from social groups who
years, for instance (Doob, 1995). know very well that even if they
don’t break the law they still
Another explanation is given by won’t “make it” in our society
Mathiesen for the reason punitive (Mathiesen, 1990).
imprisonment does not have a
“deterrent” or “general preven- Even if there were a little deter-
tion” effect on most crime. He rent effect, some serious ques-
points to communications tions must be asked. Not only
research to suggest that deter- are the monetary costs no longer
rence, if it works at all, probably sustainable, but the enormous
impacts on those who did not injustice and social harm done by
need it to begin with because prisons to a disproportionate
they already shared values and number of Blacks and
allegiances with the rest of soci- Aboriginals, for example, far out-
ety’s dominant group. But for weigh any other consideration at
those on whom imprisonment is this point, especially when any
most likely to be imposed - often benefit would be negligible and
the impoverished and the already remains speculative. If
marginalized - the attempt to Canadians knew the facts,
send out a preventive “message” wouldn’t they prefer this money
through the punitive element of to be spent on programs that are
the sentence is distorted by a essential such as health and edu-
number of well documented cation, and, as Galaway found in
social, psychological and econom- Alberta and Manitoba, on direct-
ic factors, including how the pun- ing resources towards job train-
ishment itself is experienced. ing, and community programs
Some social pressure or threat rather than prisons? (Galaway,
may make people conform but, 1994)
beyond a certain point, the sever-
ity of the punishment in relation It is not necessary, of course, to
to the context is experienced as give up on deterring people from
an injustice, a rejection, a scape- committing crime, or on
goating (all the experts say that denouncing behaviour that vio-
this point beyond which the mes- lates members of our society and
sage is ineffective is well below community standards. Nor is it
the sentences commonly handed necessary to give up on protect-
out in Canada). Labelling and ing ourselves, or on seeking jus-
separating people, we now know, tice and healing when we have
leads to the emergence of coun- been harmed. The point is that

179 Satisfying Justice / Church Council on Justice and Corrections

imprisonment is rarely an effec- recently, there have been no other
tive tool for these purposes. They options for victims or communi-
can be pursued more successfully ties; and partly because many
with other means, that can be less assumptions have gone unques-
harmful and usually less expen- tioned, about the effectiveness of
sive. the symbolic value of a prison
sentence as an utterly destructive “One problem with
There are a myriad number of moral condemnation, which car- Canadian corrections at
other ways of approaching the ries a quality of doom that has present is that it does
kinds of problematic situations not yet been matched by any not have a clear pur-
that currently get criminalized “alternative” no matter how hard pose. While corrections
departments purport to
and often result in imprisonment. it has tried. We are now seeing
rehabilitate and reinte-
And problematic situations can how it is the very strength of the grate, because of bud-
be handled in a wide variety of “negative stranglehold” of this getary constraints and
much more human and civilized sentencing measure that has been public pressures, those
ways than exclusively through society’s downfall and will ulti- functions are often
adversarial courts and punitive mately bring about the demise of neglected and replaced
by warehousing.
incarceration, making room for punitive imprisonment as a Correctional officials,
more responses that are specifi- rationally defensible or justifiable various segments of
cally appropriate to unique cir- response to crime. This should be society and the public
cumstances and needs in each sit- a warning to us about the orienta- at large have differing
uation. This compendium has tion we choose to give to other views as to the purpose
of corrections, as to
presented a number of examples options if we want to avoid
who should be incarcer-
of this. repeating a similarly destructive ated and for how long.
and self-destructive pattern. Public education is
Why haven’t these alter- essential in this regard.
natives reduced imprison- Another important factor is the
fact that billions of dollars have Incarceration should be
ment? remained invested in the prison
used only as a last
resort. Incarceration as
industry and there has been no a cure-all solution
The short answer to why these effort yet to move those resources when we could resort
alternatives have not reduced out of prison maintenance in to more creative and
imprisonment is because “prison” order to redeploy them in the cost-effective solutions
is still the norm people associate is a terrible waste of
areas of more positive endeavour.
with “justice”. human and financial
This has created the very counter- capital....”
productive dynamic of vested
In addition to this, these “alterna- interests in keeping all existing Canadian Criminal
tives” do not all provide an expe- prison bed space filled to “cost- Justice Association
rience of “satisfying justice”. effective” capacity: it is better to Congress ‘95 booklet
use what is already being paid for
Prison, of course, is also often than to spend “additional”
found lacking in this regard. But money on alternatives while
prison has been allowed to coast some beds are “wasted”.
along, partly because, until

Satisfying Justice / Church Council on Justice and Corrections 180

 Criminal policy, it appears, is at being implemented, resulting in
a deadlock. the eventual incarceration of peo-
ple who would previously have
The problem seems to be, as we been given a non-custodial sen-
have cautioned at various points tence.
in presenting the different initia-
tives, that many alternatives have With conditional sentencing, we
been introduced most extensively will thus have come “full
to relieve prison overcrowding in vicious circle”: a prison sen-
places where prison sentences are tence will be the add-on to the
also extensively applied and, alternative, in the same way that
because of this, they have tended alternatives are currently used as
to be given a much more punitive add-ons to the prison sentence.
character than would be required
for their actual effectiveness. All This is the infamous “widening of
kinds of “intermediate sanctions” the net” phenomenon, which is
contain different formulas of by now well recognized and doc-
coercion and control in order to umented, but not overcome. It
give them a more punitive appeal creeps insidiously into most, (but
that increases the level of suffer- not all), of our best initiatives. As
ing or hardship associated with Peters and Aertsen have pointed
them by the public, regardless of out, most alternative sentences
any content meaningfully related have been unable to separate
to the nature of the offence, or to themselves from the prison sen-
the problems or needs of victim, tence. Anyone who is not direct-
offender or their surrounding ly sentenced to imprisonment
communities. will at least be put in the prison
waiting room.
Almost every type of punishment
is inevitably linked to imprison- The current application of alter-
ment; the waiving of imprison- native sanctions facilitates access
ment, in part or in full, is made so to incarceration: they lower the
conditional upon so many factors structural threshold of imprison-
that breaches for reasons other ment.
than a further criminal offence
can often result in incarceration This will not change unless com-
anyway. New provisions for munities become more attentive,
“conditional sentencing” in proactive and better resourced
Canada may actually further and unless governments initiate
increase the prison population for administrative, legislative and
these reasons, even though the educational policies that shape
opposite is intended: the symbol- distinctly new directions, positive
ic message of its “hammer” will messages and community-build-
be tempting to add where there is ing values for the work of justice
thought to be little likelihood of it in Canada. What can we learn

181 Satisfying Justice / Church Council on Justice and Corrections

from other jurisdictions who have tries have introduced new nation-
also been attempting to reduce al policies that are meeting with
their use of incarceration? some success, the most notable of
which, by far, are Finland and the
What Can Be Done former West Germany.

A review of international initia- Finland has successfully accom-

tives to reduce prison popula- plished a deliberate reduction of
tions indicates that a few coun- its prison population, which had

1992-93
Number of Inmates per 100,000 Population

U.S.A. 529.0
Lithuania 275.0
Romania 200.0
Czech Republic 165.0
Poland 160.0
Hungary 132.0
CANADA 130.1
Scotland 115.0
Spain 114.9
Portugal 111.0
Austria 91.0
Italy 89.0
France 86.3
Belgium 72.1
Sweden 66.0
Finland 61.8
Turkey 51.6

Basic Facts about Corrections in Canada, 1994 Edition

Satisfying Justice / Church Council on Justice and Corrections 182

 reached 250 per 100,000 during Without broad agreement on
the peak years (Canada’s is cur- this, attempts to reform crim-
A number of existing rently 154 per 100,000). Since the inal justice will very likely
practices and programs mid-1960s, a number of factors lead to a twisting of the pur-
for young offenders and have led to a consistent 30-year pose of new non-custodial
adults reflect some of decrease down to its present level sanctions, of new attempts at
the concepts and prin-
ciples of restorative jus- of about 60 per 100,000. mediation, of new attempts
tice: According to Matti Joutsen, to shorten sentences, and so
Director of the European Institute on.” (Joutsen)
- A Victims Fund has for Crime Prevention and
been established to Control, affiliated with the United The Finnish used a comprehen-
provide resourcing
Nations (HEUNI), “few of the sive strategy of legislative and
for services for vic-
tims of crime. essential factors could be policy changes decriminalizing
- Alternative described as a ‘program, project certain offences (such as public
Measures (diversion) or initiative’ in the strict sense of drunkenness), thereby decreasing
is available for the word”. The strategy was the number of fine default prison-
young offenders. As enhanced by conditions that are ers; and de-emphasizing impris-
well, a number of
projects have begun more easily facilitated in a small- onment, including reductions in
for adults. Victim- er jurisdiction, for example a penalties for theft, other property
offender mediation is close association between offences and drunk driving, low-
one method to research and policy, and the ering the minimum time served
resolve conflict. Two building of close collaborative before eligibility for parole, and
youth projects, one
relationships between the key increasing the use of suspended
in Shaunavon and
another in Regina, persons in policy-making, sentences, and the use of commu-
are piloting models research and practice. But most nity service to replace prison sen-
with expanded com- importantly, “above all criminal tences of up to 8 months. They
munity involvement. policy has remained non-politicized.” also relaxed the earlier strict con-
- The courts have ditions related to the use of “con-
employed sentencing
circles for a number “However, the fundamental fac- ditional” sentences; for adults
of Aboriginal offend- tor could be created in any coun- there is no supervision, only the
ers. try: the realization that a high threat of having to serve the
- Victims are routine- prison population is not a solu- penalty if the offender commits a
ly contacted and tion, is in fact a problem. The new offence during the proba-
consulted in the
key persons must reach agree- tionary period which can last up
preparation of pre-
sentence and pre- ment on two tenets (1) prison to three years.
disposition reports. rarely rehabilitates, rarely deters,
- The courts direct and often increases the risk of Finnish officials believe that the
restitution to be paid recidivism, and (2) a strongly decisive factor in accomplishing
to victims as part of punitive and law-and-order this goal was the “attitudinal
a court order. These
orders are monitored approach to complex criminal readiness of the civil servants,
to ensure offenders justice problems in general bru- the judiciary, and the prison
fulfil their obliga- talizes prisoners, prison staff and authorities to use all available
tions to victims. society at large. means in order to bring down
the number of prisoners”.

183 Satisfying Justice / Church Council on Justice and Corrections

 “Regardless of what happens few examples of the initiatives
in the future one important that are being taken:
lesson has been learned. It
proved possible to signifi- • introducing administrative
cantly reduce the use of sanctions, such as confiscation
imprisonment without reper- of drivers’ licenses, gun per-
cussions in other parts of the mits or passports instead of
system. The scarcity of other jail sentences (Italy); or apply-
sanctions available and the ing outstanding amounts
pressures related to rising owed on fines to income tax
crime rates weighed less than returns instead of jailing the
the express will to create a defaulters (Québec); - The court has the
more civilized sanction sys- option of ordering
tem.” (Tornudd, 1993) • reducing the restrictions on offenders to perform
community service
the seriousness of the offences or personal service.
The former West Germany has that are eligible for alterna- This provides some
also shown that the prison popu- tives to imprisonment reparation to the
lation can be significantly (Austria, Scotland, Ireland); community as a
reduced without any apparent whole.
- Family Preservation
increase in the risk to the public. • discontinuing proceedings or
programming for
The largest proportionate reduc- postponing them to allow for young offenders is
tion in the use of custody has other social or health solu- an example of a fam-
been for young offenders. The tions to be put in place (The ily-centred service
most compelling explanation for Netherlands, Portugal, Japan); model which aims to
the decrease is changing behav- promote time-limit-
ed, integrated ser-
iour of prosecutors and judges. • establishing a system of infor- vices which main-
Fewer charged persons are mal and formal “cautioning” tain and strengthen
remanded in custody. of offenders instead of a court family relationships,
Prosecutions decreased as prose- proceeding, to address social and connect families
cutors acquired broad discretion and health causes, and some- with other resources
in their community.
to dismiss cases and even to times involve the victim
impose sanctions on their own. (United Kingdom, New
As in Finland, it is believed Zealand); Saskatchewan Dept.
these changes have been of Justice Policy
achieved not so much through • closing prisons and putting Paper April, 1996
legislative measures but through “caps” on the prison sen-
close collaboration and coopera- tences that can be handed
tion among lawyers, the judicia- down (Québec, some
ry and prosecutors. American jurisdictions) or
insisting that for every jail cell
Many other jurisdictions are rec- there are an equal number of
ognizing the pressing need to community measures (Ohio);
reduce their prison population.
Some are taking more radical
steps in their use of existing mea-
sures. The following are just a

Satisfying Justice / Church Council on Justice and Corrections 184

 Others are shifting their under- other agencies and sectors of
standing of what is needed for society on the broader social
justice and therefore introducing policy implications regarding
new approaches and measures. the provision of justice ser-
Quebec launches vices in four key areas of
prison reforms
• directing the justice process to delivery: pre-emptive ser-
by Rhéal Séguin take a forward-looking vices, monitoring services,
(Globe and Mail, April 3, approach offering social alter- resolution services, and
1996) natives and recognizing the enforcement services;
need for “integration” rather
The Quebec government
than “re-integration” because • replacing the retributive jus-
is proceeding with a
major reform of the
so many offenders already led tice correctional model with a
province’s prison sys- such a marginal existence to two-track system for “Risk
tem, closing as many as begin with (France); and rec- Management Services” and
six institutions and call- ognizing that social services “Reparative Services”
ing for fewer jailings of are the cornerstone of the (Vermont). The Reparative
non-violent criminals.
implementation of crime poli- Services Track focuses on a
The cost-cutting mea- cy (Portugal); “Restorative” theme that pro-
sures are expected to vides opportunities for
save $16-million a year • giving new social and family- offenders to atone for their
for the government. But oriented dimensions to exist- behaviour and repair the
perhaps more important,
ing measures (Belgium, New harm caused to both victims
Quebec will go against
the North American trend
Zealand, Scotland); of crime and communities
toward tougher criminal where those crimes are com-
sentences. • giving a more reparative ori- mitted. Members of the com-
entation to the justice munity negotiate the details
“Adopting a less repres- response, by relating commu- and activities of how the
sive approach toward
nity service orders more offender will make redress to
crime is not something
easy to fulfil. In this meaningfully to the offence the victim and the communi-
regard Quebec is going (Sweden, France) or encour- ty. Professional staff roles
against the conservative aging mediation processes are redefined, from being
trend sweeping across (Norway, Belgium, Portugal, casework supervisors to
North America”, says a
Austria); Belgium has struc- being community resource
report by the Ministry of
Public Security and
turally reinforced a pro-vic- specialists, organizers and
released yesterday. “We tim policy by hiring social facilitators;
are forced to recognize workers, criminologists and
that the repressive mediators to work right in • establishing the position of
approach adopted in the the prosecutors’ offices; “Restorative Justice Planner”
United States has taken
to implement state-wide use
hold in the western
provinces. Quebec has • developing an “integrated jus- of reparative sanctions
turned its back on the tice service delivery model” (Vermont, Minnesota).
repressive model to rethink justice in a social
policy context (New
Brunswick); its aim is to work
more collaboratively with

185 Satisfying Justice / Church Council on Justice and Corrections

It is too early to know the results evaluate the nature of crime in
of many of these initiatives in our society or the operation of the
terms of long-term reduction of criminal justice system. At the
the use of imprisonment, or com- same time, many views expressed
munity satisfaction with the expe- by members of the public on the
rience of “justice”; we think the operation of the criminal justice
two will be ultimately linked. system are likely to come from
But there is clearly sufficient evi- various “opinion leaders” (politi-
dence that a country can substan- cal leaders, criminal justice offi-
tially reduce the level of impris- cials, spokespeople from various
onment and more effectively groups) (Doob, 1995).
manage higher risk offenders if Four jails to be
the will is there to do so. Hopefully, more communities closed
themselves will begin to insist on
FREDERICTON - New
One of the biggest barriers to more satisfying justice and better Brunswick plans to close
overcome is the false belief value for their money, forming four of its 10 provincial
among the public, politicians councils like the Abbotsford jails over the next three
and even some criminal justice Community Sentencing Project years because locking
up people for non-violent
officials that tinkering with in British Columbia, or the
crime is not working as a
penalty levels or other parts of Miramichi Community deterrent, says Solicitor-
the system will improve commu- Corrections Council in New General Jane Barry.
nity safety in Canada. Accurate Brunswick. The day may not be “We have a revolving-
information which contradicts too far off when, as in the health door syndrome,” she
this view must be made known, field where there is a growing said yesterday as she
announced a radical
without discounting people’s demand for “evidence-based
reworking of the jail sys-
legitimate concerns. treatment”, in the criminal justice tem. She added that 87
area we will see a growing com- per cent of people in
Clearly, members of the Canadian munity pressure for “evidence- New Brunswick’s jails
public are not content with sen- based sentencing”, that is the are repeat offenders:
“They’re not learning
tencing, as they presently know requirement to justify the expense
anything by being incar-
it. But as the research of Doob, or intrusiveness of sentencing cerated.” -CP
Galaway, Mathiesen and others, measures meted out with scientif-
has pointed out, it is just as clear ic support for their necessity or Globe and Mail
that they would be more content anticipated benefits. April 11, 1996
with individual sentences if they
had better information from the Criminal justice officials have a
judges about how individual sen- particular responsibility to serve
tences were determined and what the public with accurate informa-
the nature of the case was. Policy tion about the impact of the pre-
decision-makers collectively may sent system, what it can and can-
be poorly informed regarding cit- not do in the community’s inter-
izen support of criminal justice est. Members of the judiciary
reforms. Much of the information are in a particularly good position
we give to ordinary members of to use their judgments to raise
the public does not allow them to important questions, and to foster

Satisfying Justice / Church Council on Justice and Corrections 186

 better community awareness of can do so (such aims as holding
the problems that the community offenders to account, denuncia-
must address. tion, reparation and support for
victims, assistance with fears in
• Judges can insist on getting the community, a re-integrative
better information before sen- opportunity in the shaming,
tencing, they can request that etc.).
some kind of good healing
process of communication take As for Governments who wish
place to gather it; they can ask to reduce their jurisdiction’s
to consult with the community spending on prisons, it would
in this way, or ask that some- appear to be important to move
one consult the community on on several levels:
“... I think we have to their behalf and have the com-
get tough as well. But
we have to be smart munity bring some recommen- • move money away from prison
about how we get dations before them. bed space into community-
tough. I have talked to based alternatives;
people who are frus- • They can speak out in their
trated with the system, judgments about positive pur- • increase the availability and
and what they are real-
poses and healing needs related awareness of resources for
ly calling for is a
response that deals to their cases, and about defi- alternatives that are effective
with offenders more ciencies in local community and satisfying;
effectively, and a resources or opportunities to
response that gets help address these deficiencies. • provide legislative and policy
tough on the causes of measures that enforce their use
crime as well. When
people talk about what • They can draw the attention of as alternatives;
they want to see, jail is the community to certain eco-
not necessarily the nomic or social problems relat- • encourage individual initiatives
answer.” ed to the situations they have by community members, agen-
to rule on; they can tell it how cies and justice officials to use
John Nilson
their observations lead them to these alternatives every time
Saskatchewan
Justice Minister believe it needs to make more possible;
resources available for certain
interventions. • be ever-questioning each time
jail is a component of a sen-
• They can use the opportunity tence: is it really needed, even
of their judgments to extricate as a hammer hanging over-
from the label “punishment” head? Is the purpose for which
some of the positive benefits it is being used really justifi-
people are seeking when they able, or could a better option be
use that word and include in found?
their disposition elements that
seek to meet these positive • examine and evaluate the
aims without assuming that whole variety of different uses
only punitive imprisonment and functions which sentences

187 Satisfying Justice / Church Council on Justice and Corrections

 to imprisonment are currently
serving in the society (see side-
bar); each must be addressed if The many uses and functions of
sentences to imprisonment...
it is not to insidiously work
against an official strategy to
reduce prison populations. • the protection of people in the
outside community from serious
As we have seen, however, in violent behaviour by those in
prison, while they remain in
seeking and promoting new
prison;
options, tremendous vigilance
will always be required if we are • the limiting of freedom to pro-
not to repeat past tragedies. tect from less serious behaviour;

“The modern prison, born just • the punishment of low-risk non-

violent property offenders;
over two centuries ago as an
alternative to corporal and capi- • a “wake-up call” to alert certain
tal punishment, contains an minor offenders to the fact that
important lesson for those of us a serious change in direction is
who advocate social change. The required in their lifestyle;
Quakers and others who champi-
• a symbolic message (of punish-
oned the first modern prisons did ment, denunciation, deterrence)
so with the best of motives but, to ease public anxiety about
in reality, created a monster. crime, and the more deep-seated
This history warns us that no fear of “the evil that lurks in the
matter how lofty our motives and hearts of all humankind”,
including one’s own;
theories, alternative processes
intended as reforms may be co- • a symbolic message of vindica-
opted and diverted from their tion for the victim;
original purposes.
• a place to provide programs or
mental health services where
Only a grounding in alterna-
they are still funded, or where it
tive values - indeed an alter- is believed that the “coercive”
native understanding of jus- element will make compliance
tice -can reduce such co-opta- more likely;
tion.
• a place for some destitute people
to secure a roof and “three
Change advocates must be aware square meals” a day;
that their reforms may go astray
and should be careful about • a subculture that gives a sense
imposing their visions and val- of belonging to some of the mar-
ues on others.” (Howard Zehr, ginalized of society;
1995)
• employment of many citizens in
a billion-dollar industry...

Satisfying Justice / Church Council on Justice and Corrections 188

 Appendix

We thought it would be helpful for readers looking for programs, initia-

tives and cases relevant to their field of work or interest to provide the
following general indices according to subject.

Entries Related to the Mentally Handicapped Offender

The Court Outreach Project - Ottawa, Ontario . . . . . . . . . . . . . . . . . . . 92
Opportunities for Independence - The Developmentally Disabled ,
Winnipeg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
El’ dad Ranch - Steinbach, Manitoba . . . . . . . . . . . . . . . . . . . . . . . . . . . 140

Entries Related to Drinking or to Drinking and Driving

The Windsor Case of Kevin Hollinsky (Community Service Order) . 2
Curative Discharge Program - Yukon Territory . . . . . . . . . . . . . . . . . . 103
Sober Streets - Kitchener-Waterloo, Ontario . . . . . . . . . . . . . . . . . . . . . 123
Repeat Impaired Driving Project - Prince Edward Island . . . . . . . . . . 123
Adolescent Addictions Program - Prince Edward Island . . . . . . . . . . . 124

Entries Related to Sexual Offences

Circles of Support and Accountability for a Released
Sex Offender - One Community’s Story . . . . . . . . . . . . . . . . . . . . . . . . 31
A Community Alternative for Sexual Assault and Related
Offences - Canim Lake, B.C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Residential Program for Adolescent Sexual Offenders -
Ottawa, Ontario . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
Sexual Assault - One Congregation’s Story of Healing . . . . . . . . . . . . 154
Keeping Kids Safe - Children and Sexual Abuse, Yukon Territory . . . 155

Entries Related to Native People

(only those entries with a strong native focus are included here; many
other entries would also impact on native populations)

Kwanlin Dun Community Justice - Circle Sentencing, Yukon . . . . . . . 7

Community Holistic Circle Healing Program - Hollow Water, Manitoba 14
Atoskata - Victim Compensation Project for Youth, Regina . . . . . . . . . 21
Circle Sentencing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Urban Circles - Armed Robbery in Saskatoon . . . . . . . . . . . . . . . . . . . . 54
Serving on Sentencing Circle Attitude-Changing Experience . . . . . . . 58
Manslaughter Case in Fort St. John, British Columbia . . . . . . . . . . . . . 59
Kwêskohtê - Family Group Conferences, Regina . . . . . . . . . . . . . . . . . 71

189 Satisfying Justice / Church Council on Justice and Corrections

Teslin Tribal Justice Project - Sentencing Panel, Yukon . . . . . . . . . . . . . 75
Wabasca Justice Committee - Alberta . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Slave Lake Sentencing Panel - Alberta . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Elders’ Justice Committee - Fort Resolution, Northwest Territory . . . 81
Community Council Diversion Project - Aboriginal Legal Services,
(Toronto) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Micmac Diversion Council of Lennox Island - Prince Edward Island 95
Aboriginal Elder-Assisted Parole Board Hearings - Prairie Region . . 162
Post-Release Offender Project - Aboriginal Legal Services, Toronto . . 169

Entries Related to Youth

Pro-Services, Québec City, Québec . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Atoskata - Victim Compensation Project for Youth, Regina . . . . . . . . . 21
Family Group Conferences - New Zealand . . . . . . . . . . . . . . . . . . . . . . 65
Family Group Conferences - Wagga Wagga, Australia . . . . . . . . . . . . 68
Family Group Conferences - Aboriginal Youth, Regina, Saskatchewan 71
Family Group Conferences - United States . . . . . . . . . . . . . . . . . . . . . . 72
Youth Justice Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Legal Aid Youth Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Alternative to Custody Program - Kitchener-Waterloo, Ontario . . . . . 117
Intensive Intervention Program - St. John’s, Newfoundland . . . . . . . . 119
Second Chance, Lloydminster, Alberta (Restitution) . . . . . . . . . . . . . . 118
Eastwood Outreach Program - Edmonton, Alberta . . . . . . . . . . . . . . . 120
Rideau Street Youth Enterprises - Ottawa, Ontario . . . . . . . . . . . . . . . 121
Adolescent Addictions Program - Prince Edward Island . . . . . . . . . . . 124
Multi-Agency Prevention Program (MAPP) - Brandon, Manitoba . . . 125
Assessment, Intervention, Monitoring Program (A.I.M.) -
Brandon, Manitoba . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
Family Preservation Model - La Ronge, Saskatchewan . . . . . . . . . . . . 126
Community Support Services, St. Lawrence Youth Association -
Kingston, Ontario . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
The Simpsonville South Carolina Family Preservation Project . . . . . . 129
The Family Ties Program - New York City . . . . . . . . . . . . . . . . . . . . . . 130
Community Homes Program - Saskatchewan . . . . . . . . . . . . . . . . . . . 133
Residential Program for Adolescent Sexual Offenders -
Ottawa, Ontario . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
Maple Star Foster Care - Colorado . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
Youth Futures Residential and Day Attendance Program -
Lower Fraser Valley, British Columbia . . . . . . . . . . . . . . . . . . . . . . . . . . 139
Alternative Measures Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Judicial Interim Release for Youth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
Ma Ma Wi Wi Chi Itata Centre - Winnipeg, Manitoba . . . . . . . . . . . . . 143
Stop and Think Program - Halifax, Nova Scotia . . . . . . . . . . . . . . . . . . 159
Youth Mediation Diversion Program - Shaunavon, Saskatchewan . . . 99

Satisfying Justice / Church Council on Justice and Corrections 190

 Entries Related Exclusively to Women
(only those entries whose work is exclusively with women are listed
here; almost all compendium entries apply to women, with the few
exceptions that have a male population only)

Expansion-Femmes de Québec - Quebec City. . . . . . . . . . . . . . . . . . . . 134

Maison Thérèse Casgrain - Montréal . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Coverdale Courtwork Services - Halifax, Nova Scotia . . . . . . . . . . . . 156
E.V.E.. (Entraide vol à l’étalage - Stop Shoflifters) -
Montreal, Québec . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Dos Pasos Project for Pregnant and Addicted Women -
Tuscon, Arizona . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Project Another Chance - Kingston, Ontario . . . . . . . . . . . . . . . . . . . 168

191 Satisfying Justice / Church Council on Justice and Corrections

References

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des pratiques correctionnelles québécoises, 1993

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Offenders, Overview and Update, Washington, D.C.
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 Latulippe, Lucy, La Surveillance électronique, Document de travail
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Satisfying Justice / Church Council on Justice and Corrections 194

 ••••
Satisfying Justice - A Book About
Credible Alternatives to Prison and
Why There Aren’t More
Canadians are facing a crisis in the justice system. Prison populations are
soaring. The costs are no longer affordable. Yet people are feeling less safe and
secure. What Canadians want and need is “satisfying justice” - a response to
crime that takes victims seriously and helps them heal, a response that calls
offenders to account and deals with them effectively, a response that “gets
tough” on the causes of crime and does something about them.

Is is clear that filling our jails has just not been working.

Why are we doing this?

Couldn’t all that money be put to better use to make us secure?

How can we get SMARTER about getting tough?

What can we do instead?

This book, Satisfying Justice, is both good news and bad news about credible
alternatives to imprisonment now in place in Canada and elsewhere. It contains
over 100 entries with program descriptions, contact information and many
stories illustrating how the intervention works and feels. Yet these alternatives
are still not significantly reducing prison populations. Satisfying Justice
explains why and is intended to stimulate more imaginative approaches and
new directions in sentencing.

••••