In a recent development, a new report is urging the Ontario government to reconsider a long-standing policy that bars the use of restorative justice as an alternative to traditional criminal prosecution in cases involving sexual offenses.
The report, released by the Women’s Legal Education and Action Fund (LEAF) and the nonprofit Community Justice Initiatives, highlights how the current Crown policy limits individuals who have experienced sexual harm from selecting the form of justice that aligns best with their needs.
Restorative justice, a collaborative approach that encourages both the harmed party and the individual responsible for the harm to find resolution with the help of a facilitator, is being advocated for as a more inclusive and effective method.
Rosel Kim, a senior staff lawyer at LEAF, points out that a moratorium on using restorative justice for sexual offenses was implemented in the 1990s out of concerns for potential trauma to victims. However, she argues that this policy has stifled the development and implementation of such programs.
The report indicates a notable shift in attitudes towards restorative justice, with a majority of stakeholders in the gender-based violence sector expressing support for expanding restorative justice options and ensuring all victims have access to these alternatives.
In addition to revisiting the policy prohibiting restorative justice, the report suggests enhancing education on this approach, providing specialized training for legal professionals, and establishing pilot sites dedicated to restorative justice for sexual harm.
Moreover, the report calls for a focus on supporting Indigenous sovereignty in justice processes and investing in revitalizing Indigenous legal frameworks to address sexual violence in a more holistic and community-centered manner.
Keyphrase: Restorative Justice Sexual Offenses