This thesis is an examination of the place of restorative justice in the practice of criminal law in Canada generally and in Saskatchewan in particular. It takes as its focal point the fundamental tension between traditional Anglo-Canadian Law in this area, and the newly founded practices of restorative justice.<p> This project accepts that retribution, vengeance and proportional justice are important components of current practice. It argues that these imperatives find their place not only in practice, but also in justice system structure. This space is made both culturally and legislatively. Earlier societies are examined to develop a sense of the connection between societal norms and punitive paradigms, and an argument is made that Canada is no different from earlier societies in the way its legal values reflect the social values of the dominant settler culture. Into this analysis is then added reflections concerning the effect of colonialism on aboriginal people generally and on Canada in particular.<p> The thesis then goes on to situate this tension specifically in current criminal justice by analysing legislation, policy, courts and practice. It examines restorative justice, and demonstrates that it has significant potential to ameliorate the deleterious effects of the colonial project on aboriginal peoples. However, it remains a marginalised practice precisely because it is an anti-colonial force in a powerful colonial justice structure. It concludes that the forces that have the inclination to change this situation have not acted to do so, and the justice system actors with the power to effect change have proven themselves to be similarly disinclined.<p>

This study narratively explores the experiences of five public school counsellors and one high school teacher using Conversation Peace, a restorative action peer mediation program published jointly in 2001 by Fraser Region Community Justice Initiatives Association (CJI), Langley, British Columbia, Canada, and School District #35, Langley, British Columbia, Canada. This categorical-content analysis (Lieblich, Tuval-Mashiach, & Zilber, 1998) resulted in data describing 20 common themes, 12 with similar responses, and 8 with varying responses amongst participants. Two of the similar findings were the crucial importance of (a) confidentiality within the mediation process, and (b) the school counsellor’s role within the overall and day-to-day implementation of this peer mediation program. Two of the varying findings were (a) the time involvement of the school counsellor within the peer mediation program, and (b) the differences in the number of trained peer mediators and peer mediations within schools.

This thesis is an examination of the place of restorative justice in the practice of criminal law in Canada generally and in Saskatchewan in particular. It takes as its focal point the fundamental tension between traditional Anglo-Canadian Law in this area, and the newly founded practices of restorative justice.<p> This project accepts that retribution, vengeance and proportional justice are important components of current practice. It argues that these imperatives find their place not only in practice, but also in justice system structure. This space is made both culturally and legislatively. Earlier societies are examined to develop a sense of the connection between societal norms and punitive paradigms, and an argument is made that Canada is no different from earlier societies in the way its legal values reflect the social values of the dominant settler culture. Into this analysis is then added reflections concerning the effect of colonialism on aboriginal people generally and on Canada in particular.<p> The thesis then goes on to situate this tension specifically in current criminal justice by analysing legislation, policy, courts and practice. It examines restorative justice, and demonstrates that it has significant potential to ameliorate the deleterious effects of the colonial project on aboriginal peoples. However, it remains a marginalised practice precisely because it is an anti-colonial force in a powerful colonial justice structure. It concludes that the forces that have the inclination to change this situation have not acted to do so, and the justice system actors with the power to effect change have proven themselves to be similarly disinclined.<p>

published_or_final_version / Sociology / Master / Master of Social Sciences

This study narratively explores the experiences of five public school counsellors and one high school teacher using Conversation Peace, a restorative action peer mediation program published jointly in 2001 by Fraser Region Community Justice Initiatives Association (CJI), Langley, British Columbia, Canada, and School District #35, Langley, British Columbia, Canada. This categorical-content analysis (Lieblich, Tuval-Mashiach, & Zilber, 1998) resulted in data describing 20 common themes, 12 with similar responses, and 8 with varying responses amongst participants. Two of the similar findings were the crucial importance of (a) confidentiality within the mediation process, and (b) the school counsellor’s role within the overall and day-to-day implementation of this peer mediation program. Two of the varying findings were (a) the time involvement of the school counsellor within the peer mediation program, and (b) the differences in the number of trained peer mediators and peer mediations within schools.

Thesis (M.A (Philosophy)) - Rhodes University, 2009. / A thesis submitted in partial fulfilment of the requirements for the degree of Masters in Philosophy.

Thesis (M.A.)--City University of Hong Kong, 2006. / Master of arts in arbitration and dispute resolution, City University of Hong Kong, School of Law. Title from title screen (viewed on Sept. 20, 2006) Includes bibliographical references.

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This study narratively explores the experiences of five public school counsellors and one high school teacher using Conversation Peace, a restorative action peer mediation program published jointly in 2001 by Fraser Region Community Justice Initiatives Association (CJI), Langley, British Columbia, Canada, and School District #35, Langley, British Columbia, Canada. This categorical-content analysis (Lieblich, Tuval-Mashiach, & Zilber, 1998) resulted in data describing 20 common themes, 12 with similar responses, and 8 with varying responses amongst participants. Two of the similar findings were the crucial importance of (a) confidentiality within the mediation process, and (b) the school counsellor’s role within the overall and day-to-day implementation of this peer mediation program. Two of the varying findings were (a) the time involvement of the school counsellor within the peer mediation program, and (b) the differences in the number of trained peer mediators and peer mediations within schools. / Education, Faculty of / Educational and Counselling Psychology, and Special Education (ECPS), Department of / Graduate

Restorative justice emerged in the western world as an alternative to the existing retributive penal system. An alternative that no longer relied on lawyers and judges to resolve criminal matters and community disputes, but rather empowered victims, offenders, and community members to do justice themselves. Throughout the past thirty years restorative justice has distanced itself from the traditional criminal justice system by focusing on repairing the harm caused by an offence rather than charging an offender for committing a crime against the state. This study focuses on the institutionalization of restorative justice. Specifically, this thesis conducts a content analysis of five Canada institutionalized restorative justice programs with the purpose of answering one primary research question. This question asks: are institutionalized restorative justice programs within Canada structured to reflect the core values of restorative justice? In order to answer this question, this thesis analyzes all the available textual documents pertaining to the five selected restorative justice programs for evidence of core restorative justice values and values associated with the co-opting institution, the retributive criminal justice system. This thesis concludes that yes, the five analyzed restorative programs are structured to reflect the core values of restorative justice. Although, the programs are also structured to reflect the core values of the current political ideology of neo-liberalism.