Exploring the Use of Restorative Justice Practices with Adult Offenders with Fetal Alcohol Spectrum Disorder

2. Methodology

The research involved case studies in five communities across the country. The research team included two JUS researchers as well as three researchers from Ottawa-based research consulting firms, working closely with the community-based programs.

As a first step, the research team sought to identify programs that formally adapt their RJ processes to meet the needs of individuals with FASD, drawing on available descriptions of existing RJ programs and selecting a number of them to contact. Through this process, five programs were identified that met the criteria, represented a range of locations in Canada, and were interested in participating. These included:

Four of the programs provide RJ programming and services. The other, the Peak Vocational and Support Services FASD Justice Program, coordinates working with individuals with FASD in the courts, uses RJ principles in their approach, and works with other programs in the community.

The research team collaborated closely with the five programs to develop the interview guides, tailoring the questions to ensure they reflected local realities and terminology. The team developed and used separate guides for program managers and staff, as well as for CJS professionals and representatives of other key community programs/services that work with the participating programs.

The programs identified the interview participants for the study and helped coordinate the site visits. In addition to program staff, the interviewees included Crown prosecutors, judges, probation officers, police officers, health and mental health service providers, and social service workers. All interviewees were selected because they worked directly with individuals with FASD and were part of a network seeking ways to better address their needs within the CJS.

In total, 49 interviews were conducted: 16 with program staff, 16 with CJS officials, and 17 with representatives of government offices and non-governmental organizations (NGOs) delivering health and social service programs.

Footnotes

6 Lanark County Community Justice was established in 1997 after a group of citizens in Lanark County organized a grassroots service to develop a RJ method, which included offender accountability, victim participation, and community involvement to address harm in the community. https://www.commjustice.org/

7 The Lillooet Restorative Justice Program was established in 2003 at the request of the local Royal Canadian Mounted Police (RCMP) detachment commander, under the auspices of the Lillooet Learning Communities Society. The program offers an alternative way of dealing with conflict and crime within the home, school, workplace, and community. http://www.rjlillooet.ca/

8 The Onashowewin Justice Circle has been operating since 2003. The Program aims to encourage healing in Indigenous communities and within society by providing culturally adapted RJ practices for adult offenders. http://www.onashowewin.com/

9 The FASD Justice Program has been operating for 13 years, using a court-centred approach. Cases involving FASD and related cognitive impairments can be referred post-charge to the program. Although it is not a formal RJ program, RJ practices are sometimes used when appropriate for the offender and when the victim is amenable to participating. http://www.peaksupport.ca/justice-initiative/

10 The Victoria Restorative Justice Program was established in 2002. The goal of its work is to address the harms resulting from crime and violence. http://www.rjvictoria.com/