Ontario should allow restorative justice in sexual offences: Report

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TORONTO — A new report is calling on the Ontario government to reconsider policies that prohibit the use of restorative justice as an alternative to criminal prosecution in cases involving sex crimes.

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The report was released today by the Women's Legal Education and Action Fund (LEAF) and the nonprofit Community Justice Initiatives.

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It says Crown policies deny those who have experienced sexual violence the opportunity to choose the form of justice that best suits their needs.

Restorative justice is an approach that allows victims and those who take responsibility for said harm to come to a resolution to the conflict together, usually with the help of a mediator.

Rosel Kim, a senior lawyer at LEAF, says a moratorium on restorative justice for sexual offenses was introduced in the 1990s, in part due to concerns that it could be traumatic for those affected.

The existence of this policy means there is no incentive to invest in these types of programs, Kim says.

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“This has led to a lack of access, and … we say it is time to amend the policies that prevent this,” Kim said in an interview this week.

She said attitudes toward restorative justice have also changed over time.

The groups conducted a year-long study to assess whether support for restorative justice had increased among those working in the gender-based violence sector, including frontline workers, non-profit groups, lawyers and therapists.

The report said the research involved a combination of interviews, surveys, focus groups and public meetings.

Among survey respondents, 86 percent strongly or somewhat support expanding restorative justice options for gender-based violence, and 89 percent strongly or somewhat agree that all complainants should be provided with such opportunities.

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The report says some participants stressed that people should not be pressured into choosing a restorative approach, and Kim says the process should be initiated by the person affected.

In addition to changing or eliminating these policies, the report recommends expanding restorative justice education to inform the public and the gender-based violence sector about non-criminal legal and community options for addressing sexual harm, as well as specialized training for lawyers and judges.

The report also calls for a province-wide consultation to determine jurisdictional authority and oversight, and how restorative justice processes should be formally certified.

The province should fund and launch at least four pilot centers dedicated to restorative justice for sexual harm so prosecutors can refer cases to them, a report says. Pilot programs should be community-led and “shaped by survivor input,” the report says.

The report also calls on the government to support Indigenous sovereignty in judicial processes and invest in revitalizing Indigenous legal orders, including community-based approaches to combating sexual violence.

“We kind of continue to see resources flow into these kinds of adversarial systems that re-traumatize survivors,” Kim said. “We really hope to see more investment in processes that can provide treatment and prevention, as well as accountability.”

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