Restorative Justice  

LAWS 2188.03: Restorative Justice: Theory and Practice.

This seminar will introduce students to the theory and practice of restorative justice.  Students will become familiar with the principles of restorative justice as compared with other theories of justice.  Restorative Justice practices will be examined including an exploration of the role of victims, offenders, communities and facilitators.  There will be particular emphasis on emerging restorative justice conferencing techniques.  A number of “restorative” process models will be considered within the criminal realm.  Restorative justice has played a role at various points in the criminal justice system, including its use for crime prevention, diversion by police, prosecutors and in sentencing and corrections.  Consideration will also be given to application beyond the criminal context, for example, in the areas of tort law, family law, environmental law and in dealing with large scale historical, social and political practices.  Students may have the opportunity to acquire clinical experience by observing a restorative justice conference and/or receiving training in facilitation of restorative justice processes.

Bruce Archibald and Jennifer Llewellyn, “The Challenges of Institutionalizing Comprehensive Restorative Justice: Theory and Practice in Nova Scotia” (2006) 29 Dalhousie Law Journal 297 

Don Clairmont, "Penetrating the Walls: implementing a system-wide restroative justice approach in the justice system" (2005) New Direction Restorative Justice 247

Bruce Archibald, "Coordinating Canada's Restorative and Inclusionary Models of Criminal Justice: The Legal Profession and the Exercise of Discretion under a Reflexive Rule of Law" (2004) 9 Canadian Criminal Law Review 215

Bruce Archibald, "La justice restaurative: conditions et fondements d'une transformation démocratique en droit pénal” (2003) Justice Réparatrice et Médiation Pénale Convergences ou divergences? 119

Jennifer Llewellyn & Robert Howse, "Restorative Justice - A Conceptual Framework" Prepared for the Law Commission