Alberta’s Restorative Justice Grants and the Need for Shelter Expertise at the Decision-Making Table 

November 3, 2022

On November 1, the Government of Alberta announced that it will be developing a “modern approach to reducing crime and protecting Albertans” with new grant funding available for organizations that provide restorative justice services. The eligible organizations include community-based coalitions, non-profits, Indigenous communities, and youth justice committees, and successful applicants will be supported with up to $50,000 each for a total of $720,000 through the Victims of Crime and Public Safety Fund. 

Restorative justice—a term popularized since the 1990s—is a dialogue-based practice that attempts to repair the harm caused by crimes by involving both the victim and the perpetrator in victim-offender mediation, conferencing, or peacemaking. The specific goals can be varied, but centre around the concept of reparation and repair over punishment and incarceration. 

While it’s true that restorative justice can have a positive impact—especially in cases involving youths—and can benefit both individuals and communities, there are cautions around broadly applying the concept as a solution for cases of domestic violence. There has been debate on the issue for some time, and many feminist scholars have argued that sending a survivor and their abusive partner to a mediation table to draw up an agreement is neither safe nor a just remedy.[1] In fact, the very nature of domestic violence is the power imbalance that is created when one partner exerts a pattern of coercive control over the other. The dynamics of domestic violence are complex, and there is no one-size-fits-all solution. 

Only 1 of 4 domestic violence incidents are reported to the police. In fact, most cases of domestic violence do not make it to the criminal justice system. Many cases go unreported, and most do not end up in the courts. Some communities continue to have strained relationships with police, based on years of systematic racism and prejudice, and in these communities even fewer cases may be reported. Any approach to justice will require consultation with communities who have been marginalized, including the use of an Indigenous lens and authentic engagement with racialized communities, newcomers, and the 2SLGBTQ+ community. 

There has been little research on restorative programs that address intimate partner violence and skepticism about whether the informal methods of restorative justice can ever be truly survivor-centered.[2] Restorative justice must not write over the experience of survivors. It is one potential part of what should be a much larger approach: misogyny and colonialism have led to the current crisis of gender-based violence and it requires solutions that tackle the problem from many angles.  

ACWS has long recognized the need for a national action plan on gender-based violence based on international conventions and has supported efforts through its membership with Women’s Shelters Canada to advance this objective. A NAP would also build a shared understanding of the root causes of VAW as well as coordinated and effective efforts across the federal, provincial, territorial, and municipal levels—an approach that recognizes that international law requires states to address violence against women, to exercise due diligence to prevent acts of violence against women; to investigate such acts and prosecute and punish perpetrators––and to provide redress and relief to victims.[3]

ACWS’ Recommendation 

It is the recommendation of the ACWS that much caution be taken when considering applying restorative justice concepts to instances of domestic violence. In applications for funding that will involve domestic violence, a panel consisting of provincial VAW/GBV organizations, which includes representatives from the Alberta Council of Women’s Shelters, academics, and other experts should be engaged in the decision-making process.  

Engagement with experts will ensure that survivors are kept at the centre of these conversations. In matters of justice and safety, good intentions may inadvertently do harm, putting the lives of women, gender minorities, seniors, and children at risk.  

 

[1] Lerman (1984), Lerman, Lerman, Kuehl, & Brygger (1989), and Rowe (1985)

[2] Ptacek, James, and Loretta Frederick. Restorative Justice and Intimate Partner Violence. 2009, https://vawnet.org/sites/default/files/materials/files/2016-09/AR_RestorativeJusticeIPV.pdf

[3] “National Action Plan to End Gender-Based Violence.” Alberta Council of Women’s Shelters, 2022, https://acws.ca/wp-content/uploads/2022/04/Advancing-the-National-Action-Plan-in-Alberta-ACWS-Response-to-the-NAP-to-End-Gender-Based-Violence.pdf