Restorative Opportunities
Victim-Offender Mediation Services 2015 to 2016

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Background

The Correctional Service of Canada's Restorative Justice (RJ) Unit provides a safe and constructive process whereby victim(s) and offender(s) can communicate with each other and address the harms caused by serious crime. This is achieved across Canada through the Restorative Opportunities (RO) program.

Originally, institutional staff identified potentially appropriate offenders and generated the vast majority of requests received. However, there has been a significant rise among referrals received by victims for this service.

Victim-Offender Mediation (VOM) is a restorative process important in addressing the needs of all participants, contributing to public safety and the prevention of future crime. RO is a CSC funded initiative with a focus on safely reintegrating offenders into society by ensuring that they understand the human costs inflicted by their crime, address the harms, and repair some of the damage, as agreed upon by both the victim and offender. It is a critical step towards providing helping opportunities for victims by having their questions and needs responded to by those directly involved.

All requests for service are carefully assessed to determine the appropriateness of the intervention and the readiness of the participants to proceed with communication. Some of these requests will be screened out if the other party is inaccessible, unwilling to participate or if either party’s motivation is deemed inappropriate for the program. Others will be managed using indirect communication – shuttle communication and/or letter/videotape exchanges. Finally, some will be delayed to allow for further preparation.

This report provides information about the requests for victim offender-mediation services, the services delivered through the Restorative Opportunities program and the correctional results of 234 offenders who completed a face-to-face VOM meeting from 1992 to March 31, 2016. An analysis of the data provided, in correlation with data extracted from the Offender Management System (OMS), was used to verify offender status and offence history post-VOM.

Although this report does not include an analysis of the various impacts to victims and offenders as a result of their participation in a face-to-face VOM meeting, it does include quotes from past victim and offender participants revealing high satisfaction. The quotes are taken from RO program feedback questionnaires completed by victim and offender participants at the time of file closure and submitted directly to CSC’s RJ Unit at National Headquarters.

A 1995 qualitative evaluation demonstrated high levels of satisfaction for both victims and offenders. For victims, they reported having greater control over their safety and their lives, and that the process offered them a measure of closure. For offenders, in addition to personal growth, they reported having a greater commitment to addressing their criminogenic needs. Staff interviewed confirmed a higher commitment on the part of those offenders to participate actively in their correctional plan.

In addition, Rugge (2006) examined the effects on participant’s physical and psychological health. Both victims and offenders exhibited positive changes over the course of the program in relation to the pre-post Physical Health Checklist and to the pre-post Psychological Health Checklist. There was a significant positive difference between participants who experienced a victim-offender meeting and those who did not.

In May 2013, a Preliminary Analysis of the Impact of the Restorative Opportunities Program was conducted by the Research Branch of the Correctional Service of Canada. The preliminary examination indicated that the program shows promise in reducing recidivism. The trend suggested that after one year of release, offenders involved in a face-to-face had fewer returns to custody despite lower reintegration potential and motivation ratings.

REFERRAL STATISTICS

Annual Referrals 1998 to 2016

Participation in the RO program is available to people harmed by the offence requesting to communicate with the offender who caused the harm. Since 1992, the RO program receives requests from victims directly, or through a victim representatives acting on behalf of registered victims. Federal offenders serving a sentence under the jurisdiction of the Correctional Service Canada and who have taken responsibility for their actions may express their interest to participate in the RO program to a CSC staff person. For the purposes of this report, these are represented as institutional referrals.

Although CSC’s VOM services have been available since 1992, this graph includes referrals received since 1998. From 1992 to 1997, program data collection on incoming referrals was not standardized and requests for VOM services were not recorded.

 

Annual Referrals

The total number of referrals received during fiscal year 2010–2011 remains the largest number of referrals received since the beginning of the RO Program. RO program outreach and presentations were completed in-person from 2007/2008 to 2010/2011 and were effective in referral increases; while the years where the Restorative Justice Unit was unable to deliver in-person presentations shows the opposite. The slight increase in 2015/2016 may be due to the coming into force of the Canadian Victim’s Bill of Rights, which provides victims with a right to information on Restorative Justice programs.

Referral Origin 1992 to 2016

Victim Initiated Referrals 656
Institutional Initiated Referrals 1149
Other / Unknown[1] 220
Total 2027

The number of institutional referrals continues to exceed the number of victim initiated referrals. The Québec Region is the only region to maintain higher victim initiated referrals versus institutional initiated referrals. Pacific has the highest ratio of institutional initiated referrals. The Atlantic Region demonstrates an equal number of referrals by both groups.

Regional Snapshot 1992 to 2016

The Pacific Region has provided VOM services for more years than any other of the 4 regions in Canada. For this reason, Pacific has the highest number of cases.

 

Referrals by Region 1992 to 2016

VICTIM-OFFENDER MEDIATION SERVICES
FISCAL YEAR 2015 to 2016

Types of Dialogues Facilitated in Fiscal Year 2015 to 2016

The RO program provides VOM services that include a number of RJ processes or types of dialogues. The types of dialogue processes used are guided by the needs of the participants. They can meet face-to-face, correspond in writing, have a circle process and exchange video messages. The mediator can also relay messages back and forth between participants (shuttle mediation). During fiscal year 2015-2016, the RO program mediators have mostly facilitated face-to-face dialogues and letter exchanges.

Types of Dialogues Facilitated

FACE-TO-FACE DIALOGUES 1992 to 2016

Face-to-Face Meetings per Year

Between 1992 and March 31st 2016, 234 offenders participated in 375 face-to-face dialogues.

 

Number of Face to Face Meetings between Victims and Offenders by Year

Number of Face-to-Face Meetings per Offender

Of the 234 offenders:

1 Meeting 2 Meetings 3 Meetings 4 Meetings 5 Meetings 6 + Meetings
159 (68%) 48 (20%) 12 (5%) 7 (3%) 4 (2%) 4 (2%)

OFFENDER PARTICIPANT SNAPSHOT

Age

Marital Status

Gender

Federal Offender Status Women % Men % Total
Incarcerated & on release 1,263 5.43 21,999 94.57 23,262[2]

Aboriginal Representation

Sixteen percent of participants were of Aboriginal origin. This representation is below the Aboriginal representation in the total federally-sentenced and incarcerated offender population of 22%[3].

Religious Affiliation

 

Religious Affiliation of Offender Participants

Risk/Needs

For those who were rated at the time of intake, the majority of offender participants were rated as high risk and moderate needs.

Risk
51% high risk
38% moderate risk
11% low risk

Needs
41% high needs
48% moderate needs
11% low needs

INDEX OFFENCES

Offence Type

Offences for which a VOM face-to-face meeting was sought:

CONDITIONAL RELEASE SUCCESS STATISTICS

Participant Status at Time of Face-to-Face

 

Status at Time of Face to Face Meeting

Current Participant Offender Status

Of the 234 offenders, 69 are presently incarcerated, 157 offenders have either reached warrant expiry or are on release, 3 offenders were deported, and 5 are deceased.

Of the 234 offenders:

Sentence Completed Incarcerated Supervised Deceased Deported
107 (46%) 69 (30%) 50 (21%) 5 (2%) 3 (1%)

Timeframe of Release Post-VOM Face-to-Face

Of the 165 offenders who were incarcerated and eligible for conditional release at the time of their victim-offender mediation, 107 were subsequently released.

The majority were released on day parole (n:56) and statutory release (n:40).

Reoffending Following VOM Face-to-Face

Recidivism

Of the 177 offenders who were either on release when they participated in a VOM face-to-face meeting or who were subsequently released:

Offences Committed Post-VOM

Of the 234 offenders involved in face-to-face meetings (this includes all offenders since 1992 who were on release at the time of their face-to-face meeting, subsequently released, and incarcerated at the time of this report):

Type of Offences Committed Post-VOM

Of the 21 offenders who committed a new offence post-VOM:

Note that 14 (70%) of new charges are for lesser offences than those for which mediation was sought.

PARTICIPANT FEEDBACK

Victims and offenders provide us with feedback on their experience participating in the Restorative Opportunities program. Overall, participants show great satisfaction, finding strong support from the RO mediators, who are praised for their level of professionalism, honesty, and dedication. Victims expressed their expectations being met and, in some cases, exceeded, finding healing in the process and a sense of closure. Many offenders expressed an increased level of empathy toward the victim and appreciation for the compassion the mediators provided them.

“[I] never thought I’d use this word in relation to anything to do with my abuse case, but my experience participating in the RO program was AMAZING.” (victim)

“I cannot say enough about the mediators whom guided me through this process. My experience was everything I’d expected it to be. I went in with my eyes wide open and head held high. I left the prison with compassion in my heart for my father’s offender.” (victim)

“After meeting with my victim (…) saying sorry and listening to her experience, I now have more accountability because she is a real person. An amazing person who amazingly found the strength to meet me [and] speak to me. I was given the opportunity to apologize in person and answer any of her questions. None of that can take back or change what I’d done but I have no doubt that we are both healthier and moving towards a better future.” (offender)

“The RO program motivated me to dig deeper into my healing. Since last summer, I have been involved in a Healing Plan, working with a Native Elder ... I’m proud to be showing signs of growth.” (offender)

“I expected to be repulsed by a pathetic attempt to say ‘I’m sorry’ ... I received more that I could have wished for when I came to realize that he truly wanted to take back his actions (of course impossible). I never dreamed I would be able to forgive, never mind support the release of, my offender.” (victim)

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