A Report on the Relationship between Restorative Justice and Indigenous Legal Traditions in Canada

Legislation and Policy

The various restorative justice programs mentioned above exist largely as policy initiatives, although they have solid foundations in law. Section 718.2 (e) in the Criminal Code of Canada states, “[A]ll available sanctions other than imprisonment that are reasonable should be considered for offenders, with specific attention being paid to Aboriginal offenders.” The Youth Criminal Justice Act, which came into effect in 2003, also includes restorative justice principles, and emphasizes offender accountability, rehabilitation, and reintegration (Tomporowski et al. 2011). The international community has come to see restorative justice as a legitimate approach to the administration of criminal justice. In 2003, the United Nations Department of Economic and Social Affairs (DESA) recognized the importance of restorative justice as another way to address crime and conflict beyond traditional criminal justice methods. In 2016, the United Nations Department of Economic and Social Affairs adopted a resolution concerning restorative justice in criminal matters.