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Final Report

Transforming Relationships Through Participatory Justice

Conclusion

The capacity of citizens to participate meaningfully in the democratic process poses challenges for the design of public institutions. Increasingly, Canadians are disengaging from these institutions, and in the process, becoming more sceptical about the government’s capacity to respond to legitimate expectations. The Law Commission of Canada believes that the growth of participatory justice models is consistent with citizen-centred models of governance.

Participatory justice processes allow citizens to be part of decision-making that affects their lives. In this sense, they contribute to a healthy democracy. This report was designed to contribute to the development of participatory justice culture rooted in democratic principles. The report first reviews the context in which restorative justice and consensus-based justice projects developed, and describes the principles that support their on-going work. It identifies the special challenges that face participatory justice processes. It also aims at supporting a culture of participatory justice, where different actors, governmental and others, have a role to play. Finally, it serves as a basis for further dialogue and reflection on the way in which we resolve our conflicts and strengthen our social relationships.

Over the past three years, the Commission has consulted with Canadians about the provision of meaningful methods of conflict resolution. The Commission’s consultations revealed that Canadians want choices for resolving their conflicts. In addition, many Canadians want to actively participate in the conflict resolution process. They view this as an aspect of citizenship and of their ability to regulate their own lives. Participatory justice processes respond to this need.

Participatory justice processes are not a panacea. They will not solve all the ills that affect our society. As is the case for any human conduct, there will be mistakes. In particular, the participation of weaker parties, financially, emotionally or intellectually to participatory processes requires special attention. There are concerns that participatory process­es may serve to reinforce existing vulnerabilities. This is the challenge of processes operating in an unequal society. Participatory justice processes

impose a special responsibility to mediators and facilitators to respond to power imbalance, just as judges should. But it is the essence of participatory justice processes that the responsibility to addressing inequality be shared among the participants. All actors in participatory justice processes must respond to the challenge of conflict resolution processes that embody our democratic values of justice and equality.

The challenge for governments is finding a way to support participatory justice processes without limiting their innovative potential. As discussed in this report, there are some tensions in this role for governments. On the one hand, there are pressures to create coherence and uniformity to prevent risks of malfunctioning of participatory processes. On the other hand, there is an even better case to be made for preserving the creative and innovative power of many participatory processes. We would not want to lose the ability to continue to respond creatively to the new problems that will confront our society. As citizens, it is incumbent upon us to recognize the delicate role that governments must play in the development and support of participatory processes. The solution to better conflict resolution will not come from governments but from the respectful and honourable participation of citizens in the resolution of their conflicts, through the many processes described in this Report.

In its consultation and research on this issue, and in this report, the Commission has attempted to strike a balance and respond to chal­lenges similar to the ones facing governments. In a way, it wanted to lead by example. Therefore, this report does not propose a single ortho­doxy to participatory justice. It presents and respects the different perspectives and fears toward participatory processes, supports and cele­brates the committed work of many volunteers in participatory justice, and aims to create an occasion for self-reflection, dialogue and action.

It is in that context that we have partnered with the National Film Board for the production of the DVD, Community Mediation: Two Real-Life Experiences Experiences that forms part of this Report. This cinematographic work presents one of the many projects that exist in Canada. It is designed to stimulate reflection for mediators and participants alike. We hope that it will be a tool to strengthen our culture of participatory justice.