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The Implications of Restorative Justice For Aboriginal Women and Children Survivors of Violence

K Files: Anything under the Ministry of Attorney General’s Violence Against Women in Relationships (VAWIR) policy that refers to violence against women, including such things as battery and sexual assault.[26]

Restorative Justice: Sometimes called Aboriginal Justice or Transformative Justice most commonly associated with the Criminal Justice System. It is not a distinct model or system-it is sometimes described as a philosophy and other times a vision. In many respects it is like choosing to look at conflict, crime and community through a particular lens-a lens that keeps in mind the needs of the victim, the community and the offender. RJ encourages dialogue and responsibility for past behavior while focusing on future problem solving and an understanding of the obligations created by the offense. Restorative Justice views crime as a violation of one person by another, not simply a breaking of the law. Programs based on RJ principles can include Community Justice Forums, Sentencing Circles, Healing Circles, Victim Offender Mediation and Family Group Conferencing. A restorative justice way of thinking can influence the way any alternative conflict resolution program operates-whether the program is dealing with a dispute over money or property, the misbehavior of a young person which falls short of being reported to the police, a parent/child relationship which draws the attention of Child Welfare or adult criminal behavior.[27]

Alternative Dispute Resolution or Alternative Measures: Used to describe a number of different processes for resolving disputes. "Alternative” refers to resolving disputes without bringing them before the court. In ADR, the people with the problem name the issues that need to be discussed and work at creating a resolution. They have more control over matters than if a lawyer was negotiating for them or a judge was making a decision about their problem. These programs are usually associated with non-criminal types of disputes. The processes include Interest Based Negotiation, Conciliation, Mediation, Facilitation, Arbitration and Court Annexed ADR.[28]

Diversion: When offenders are considered eligible for Alternative Dispute Resolution or Restorative Justice and are directed out of the criminal justice system.

Family Group Conferencing: The purpose of this practice is to divert young offenders from the court system; to provide victims with an opportunity to participate actively in the process of seeking reparation; to arrange compensation for material damage where appropriate; to make young offenders aware of their behavior and to involve the family and close friends or "community of care."[29]

Circle Sentencing: A process whereby community members recommend a sentence in cases involving other members of the same community. Circles are made up of the accused and victim, their families, elders, the presiding judge and other interested community members. Also in attendance are defense counsel, a prosecutor and or police officers.[30]

Victim offender Mediation or reconciliation: This involves a face to face meeting between victims and offenders in the presence of a trained mediator. Parties have an opportunity to talk about the crime, to express their feelings and concerns and to get answers for their questions and negotiate a solution. Mediators do not impose settlements.[31]

Community Accountability/Sentencing Panels: Forms community or youth justice committees, accountability committees, corrections committees, and sentencing panels. Most involve citizen volunteers or elders who often rely on such restorative justice measures as restitution, reparation, mediation and victim involvement. An attempt is made to deal with the social conditions contributing to the crime. Operates in both Aboriginal and non-Aboriginal communities and can serve adults and youth.[32]