Frequently Asked Questions

Restorative justice (RJ) is grounded in the recognition that crime causes harm to both individuals and

communities. RJ processes bring together people who are connected to an offence—those who have been

affected, those responsible for what happened, and those who can support a good outcome—to consider

the contexts, causes, and circumstances of a crime, and to identify needs, address the harm caused, and

move forward in a better way.

RJ is a relational approach to justice, shaped by an understanding that justice is fundamentally about the

way we relate to and treat one another. As a result, RJ processes are designed to foster the conditions for

just relations between individuals, groups, communities, and institutions in society.

While RJ is distinct from Indigenous approaches to justice, which predate the mainstream justice system

and have been used to resolve disputes for thousands of years, many RJ programs have learned much

from Indigenous legal traditions.

The Nova Scotia Restorative Justice Program (NSRJP) operates provincewide and receives referrals for

youth and adults who have come in conflict with the law. The NSRJP started as a pilot for youth in 1999

and was established for youth across the province in 2001. The program was expanded to adults in 2016.

The NSRJP is grounded in the following principles:

→ Relationally focused

→ Comprehensive and holistic

→ Inclusive and participatory

→ Responsive

→ Collaborative and non-adversarial

→ Focused on promoting individual and

collective responsibility

→ Forward focused

There is a common misconception that RJ allows a person to “get away with” a crime, or that it is “soft” on

crime. In reality, RJ is a different path to justice than what the mainstream criminal justice system can

offer. Rather than imposing a specific punishment or focusing on punitive consequences, RJ actively

works to prevent further harm by encouraging and promoting individual and collective responsibility.

As a human-centred approach, RJ promotes active engagement with and participation of those impacted

by an offence and those with a stake in the outcome. Participants are directly involved in planning and

action to address the harm and restore safety as much as possible. RJ processes centre the needs of

participants to chart a better way forward. For the person responsible, participating in RJ demands an

acknowledgement of responsibility for the harms caused, as well as deliberate reflection and learning.

A restorative response shifts away from shame and blame and instead focuses on addressing harms and

their root causes to prevent them from happening again. RJ is ultimately aimed at planning for a future

that supports safe and healthy relationships and communities.

The NSRJP is rooted in the community and delivered by nine Regional Restorative Justice Teams, each of

which blends the expertise, skills, and experience of staff from community-based Restorative Justice Agencies

and Community Corrections. During the restorative justice process, participants are guided and directly

supported by RJ facilitators from the RJ Agencies and Community Corrections.

Most criminal offences are eligible for referral to the NSRJP. Cases can be referred at several points in the

criminal justice process: before a charge is laid, after a charge is laid, and after a conviction. Cases are referred

by police, crowns, courts, corrections and victim-serving agencies. A referred person accused of an offence

must agree to participate and must accept responsibility for their actions.

Additional factors that justice system actors consider when deciding whether to make a referral include:

→ The opportunity for a more culturally appropriate, meaningful, and effective justice process

→ Reduction of harm for involved parties

→ The potential for harmed parties to participate

→ The opportunity to understand and consider root causes or systemic issues connected to the offence

→ Access to better supports in response to parties’ needs

The RJ process is flexible and tailored to the circumstances and needs of each case. The process is always

informed by and shaped according to the NSRJP principles (see above). Generally, there are three elements:

1. Preparation and Support

In this stage, RJ facilitators connect with people connected to an offence to explain the RJ process, provide

information about the program, and hear about how the crime affected each person. Participants are provided

an opportunity to discuss what happened, what matters most to them, and explore choices and options about

participation. RJ facilitators will work with participants to identify who should be a part of the process and

begin to plan and prepare for the circle.

2. Restorative Circles

Circles bring together those involved with and affected by a crime to build understanding about what

happened. The circle, including who will be participating and what will be discussed, is designed in

collaboration with all participants.

Circle participants may include those who have been harmed or affected by a crime, those responsible for the

harm, those with a stake in the outcome, and those who can offer support to the process. RJ facilitators work

to create a safe space for respectful and collaborative dialogue. During the circle, facilitators guide participants

to share their story, the impacts of the offence, and their needs moving forward.

The goal of a circle is to come together to understand and talk about what happened, what matters about what

happened, and what needs to happen to ensure a just outcome and healthy relations in the future. This involves

the individual who caused harm taking responsibility for their actions as well as considering what may be

needed from others to address the root causes of harm. Circles generally result in plans in which participants

agree to take actions to address the harm caused by the crime and to move forward in a better way.

3. Plan, Follow-Up, Supervision and Support

If a plan is created, the RJ facilitators will follow up on any agreed-upon commitments and provide continued

support and information to all participants until the program is successfully completed.

What is the plan or outcome of the circle going to be?

Restorative plans aim to address issues, harms, and the needs of those involved, while supporting safe and

healthy relationships. Plans often include commitments or actions to be completed by the individual

responsible for causing the harm, as well as other participants who can help. Generally, restorative plans

include things such as:

→ Meaningful actions to repair the harm done to individuals or the community

→ Plans for those who have caused harm to make life changes

→ Plans to support the individual responsible for the harm to carry out those obligations

→ Anything else the participants agree to that may help to repair harm and lead to a better way forward

Plans vary depending on the circumstances of each case and are developed collaboratively through meaningful

input from all participants.

What is the role of a restorative justice facilitator?

Typically, at least two RJ facilitators are involved in an RJ circle. RJ facilitators meet with participants in

preparation for the circle, are present during the circle, and provide follow-up support. The role of an RJ

facilitator is to work with those involved to design an RJ process that identifies and address the needs of

participants, and to guide safe and supportive circles. RJ facilitators ensure that all participants can engage in

respectful and productive dialogue during a circle, and that no further harm is caused. RJ facilitators do not

decide or provide input regarding the plan or outcome of a circle. Instead, they support participants towards a

better way forward.

What is the role of the community in the restorative justice process?

A restorative approach to justice acknowledges that crime impacts not only individuals, but also the wider

community. For this reason, an RJ process may include members of the community who themselves have

been impacted, who can provide support for plans or outcomes, or who can help to build understanding and

collectively contribute to a just outcome. Community members who have a public interest, concern or

responsibility in relation to the offence may also participate. Community members often assist an RJ process

by discussing the impacts of a crime on the broader community and how the harm can be repaired.

RJ is a voluntary process for all participants, so there is no obligation for anyone to participate. During the

preparation phase, RJ facilitators support all participants to make an informed decision about participation,

with attention to everyone’s safety and wellbeing.

If a person referred to the NSRJP chooses not to participate, the referral will be closed and returned to the

referral source.

If someone has been impacted or harmed by a crime, RJ facilitators can provide support and information to

that individual to explore what level of participation (if any) is right for them. It is important to know that the

process is flexible and there are many ways for a person who has been impacted by an offence to participate.

They may wish to only receive information and important updates about the case, or they may wish to be more

involved through providing input on, or participating in, a circle.

I was impacted by a criminal offence. Can I participate in restorative justice?

An RJ facilitator can work with a person impacted by a crime to help them determine the extent of their

involvement or participation in the RJ process.

It is important to know that even though restorative processes can bring parties together in dialogue, there is

never an obligation for the person who was impacted by an offence to meet or communicate directly with the

individual who harmed them. This does not preclude them from taking an active role in the process. Regardless

of whether an impacted party chooses to participate, RJ facilitators will work with the individual referred to

promote meaningful responsibility.

Some examples of how a person impacted by an offence could participate include:

→ Receiving updates and information about their case

→ Learning about resources and supports in their community

→ Meeting with an RJ facilitator to share their story and what matters to them

→ Suggesting ideas regarding the outcome or plan

→ Selecting someone to share their experience or questions on their behalf at a circle

→ Participating in the process design, preparation or follow-up phase only

→ Writing down their experience to be shared on their behalf at a circle

→ Attending part or all of the planned circles (with/without the person responsible for the harm present)

Someone who has committed an offence

The NSRJP provides an opportunity for a person who has been referred to the program to address the harm

they have caused and take meaningful responsibility for their actions. Through the process, they are

encouraged to reflect on the circumstances contributing to the offence and are supported to make positive life

changes. The process can help people to make amends to those they have harmed and allow them to try and

make things right for the future. Often, the process can also help them to contribute positively to their

community.

In some cases, successful completion can also mean that the person responsible for the harm does not have a

criminal conviction for the referred offence.

Someone who has been harmed or impacted by an offence

Crime affects everyone differently. The RJ process aims to respond to the specific needs of each individual in a

meaningful way.

For some, RJ allows for meaningful and active participation; it is a chance to have their voice and needs heard,

and to share their story and what matters to them. Some people participate to have a say in the plan moving

forward, or to make requests for reparation or restitution. Others participate to ask questions to those who

have harmed them about what happened, why it happened and what is going to happen next. RJ may assist

those affected by crime with opportunities for connection, support, validation, choices and increased feelings

of safety.

For many, the process provides a supportive environment where both the individual who has caused harm and

the community can come to understand the gravity of the harm that has occurred. The process can also be

helpful to obtain information about what is happening in the case or to learn about other available resources in

the community.

The decision to refer a matter to the NSRJP rests with various justice stakeholders (e.g. police, crown, judge).

When deciding whether to refer a matter to RJ, stakeholders consider the goals and objectives of the NSRJP,

with particular attention to the needs of those harmed by crime and public safety generally. Not everyone

impacted by crime may be supportive of a referral, however NSRJP staff will make every effort to ensure their

voice and needs are understood within the restorative process.

Other Common Questions about the Restorative Justice Process

Is the restorative justice process confidential?

The NSRJP prioritizes respectful sharing of information amongst those involved in the RJ process. Any stories

or information that participants choose to share with RJ facilitators as part of the RJ process will not be shared

with others without consent, unless there is a legal obligation to do so.

How long does the restorative justice process take?

The RJ process typically lasts several months, though some matters are resolved earlier, while others require

additional time. The length of the process varies greatly depending on the circumstances, capacities and needs

of those involved. The NSRJP aims to provide timely and effective access to justice, with consideration to the

needs of everyone involved.

Where do meetings and circles take place?

Meetings and circles typically take place in the community where the harm occurred. Examples include RJ

agency offices, community meeting rooms, and courthouses. Meeting locations are determined in consultation

with those involved, with consideration for safety, comfort and confidentiality.

Does the person responsible for the harm have to apologize?

An apology is often an important tool to aid in reparation, and a sincere apology can have a very positive

impact. In many cases, RJ provides space for the person responsible to explore the option of providing a verbal

or written apology, however, it is never mandatory to offer or accept an apology.

If an offence involved financial loss, will the person who suffered the loss receive

restitution as part of the restorative justice process?

Restitution is often an important and necessary step towards repairing harm and establishing better

relationships between the parties in the future. While restorative processes focus primarily on establishing

relationships of equal dignity, concern and respect, in some cases, restitution can be included as part of a

future-focused plan.

What happens if the referred person fails to complete the program?

Ultimately, if an individual does not follow-through with their obligations or does not wish to participate, the

referral will be returned to the referral source, who will determine the appropriate course of action.

RJ facilitators work closely with those responsible to ensure they are supported as they work towards

completion of any plan. The program provides room for flexibility, and plans can develop or change over time, if

necessary, with input from all participants. All participation is voluntary, and plans are created in collaboration

with those responsible for harms. As a result, the majority of participants are successful in completing the

program.