Alternative Justice and Restorative Practices

This book extensively details the extent to which justice systems in Canada, and comparable jurisdictions, are in crisis. They have failed to reduce recidivism, are over-incarcerating Indigenous and minority groups, court backlog and delay are chronic, access to legal aid is insufficient, the needs and interests of victims are largely ignored, remand populations are unsustainable, plea bargaining is used excessively and in a problematic way, and individuals are increasingly self-representing in legal proceedings. The book explains how restorative practices offer non-adversarial methods of conflict and dispute resolution that can address these justice system failings. Restorative practices like mediation have been practiced in a wide variety of legal contexts in Canada for more than 50 years. This study comprehensively explains their historical and current use in every Canadian jurisdiction and at the federal level. It also includes analyses of their use in several comparable jurisdictions, including the UK, Australia, New Zealand, Europe and U.S. states. It will appeal to students, academics, legal and justice system professionals, and policymakers who are interested in law and justice reform. It also provides the viewpoints of Indigenous community members and justice system personnel who participated in qualitative interviews, in order to add additional context and expert opinion.