Proportionality
  • issues of culpability and competence are quite distinct; the former involves the quality of the actor’s decision to engage in criminal conduct, while the latter pertains to the actor’s capacity for trial participation
  • interventions that invest in the social development of young offenders diminish the risk of re-offending, thus benefiting society, potential future victims, and youths themselves.49 
  • departures from the presumptive boundary occur when youth welfare and social welfare converge on a different age as superior to the presumptive age of majority.
  • mitigation: diminished capacity, external coercion, lack of bad character
  • procedural fairness: dual standards of competence should be applied in criminal and juvenile court
Restorative Justice Typology. Source: IIRP.



Restorative Practices are a range of approaches that usually involve structured conversations between people who’ve been harmed and those responsible for causing harm. These interactions normally happen in the wake of disruption, conflict or harm. These interactions might be called conferences, restoratives, restorative chats, class conferences etc. Conferences vary in structure and formality, depending on the nature of the incident being addressed and the number of people who need to be involved. 

Affect Script Psychology ( Psychologist Silvan Tomkins PhD)

It is fairly easy to win hearts and minds to the RP philosophy. It is more difficult, and time consuming to give people the skills necessary for them to be confident practitioners
  • All staff began with approximately ten hours of in-service education over a three month period towards the end of 2004. In addition, a group of twenty staff were trained as Community Conference Facilitators.
  • RJ continuum & basic concepts slides




  • Compass of Shame
    • Withdrawal: isolating oneself, running & hiding
    • Avoidance: denial, abusing substances, thrill-seeking
    • Attack Self: self put-down, masochism
    • Attack Others: blame the victim, lash out
  • Quadrants: relationship & leadership styles
    • TO: punitive
    • FOR: permissive
    • NOT: neglectful
    • WITH: restorative
  • RP protocol: 
    • Pre-conference meetings (last 5-6 weeks): emphasize the entire PROCESS and de-emphasize the conference so family pace themselves & less chance to blame
      • What’s the right conversation for the conference? What’s the focus? 
      • Who should be part of this conversation?  (it may be more helpful for fewer people to be present at first) 
      • Who has power? Who doesn’t?
      • Is the client willing to take responsibility for their part in the breakdown of the relationship?
      • Does the client want things to get better?
      • Is the client willing to hear what other people have to say?
      • What do they need for this to be a safe space?  
    • attendees, safe space, breaking bread


When is RJ not suitable for a family?
  • Stage 4-5
  • Members unable to focus on issue at hand
  • Active addiction or a member arrive intoxicated
  • Active violence or reports of being afraid/ threatened
Parents of the system/ hierarchy of functioning needs to
  • Be non-reactive
  • Hear stories & general empathy
  • New thinking
Theories compatible with RP:
  • Attachment Theory (John Bowlby)
  • Dyadic Developmental Psychotherapy (DDP) (Dan Hughes)
  • Emotionally Focused Therapy (EFT) (Sue Johnson/ Les Greenberg)
  • Narrative Therapy:  Michael White, Alan Jenkins
  • Solution Focused Therapy: Steve de Shazer, Insoo Kim Berg
  • Structural Therapy:  Salvador Minuchin
  • Intergenerational Therapy: Murray Bowen
Family Conferencing Coordinator:
  1. Referral, consents and confidentiality agreement.
  2. Facilitating summary writing and developing the child welfare statement and concerns, including bottom lines, in strength-based language.
  3. Preparing various participants, such as family members, children, service providers/professionals, foster parents, child welfare staff in face to face meetings.
  4. Addressing and supporting the creation of safety at all stages of the conferencing process.
  5. Collaborating with the Office of the Children’s Lawyer (OCL) and Band representatives.
  6. Understanding the importance of cultural diversity.
  7. Utilizing guest speakers.
  8. Managing the logistics of conference coordination.
  9. Completing all administrative, recording and accountability duties and procedures.
  10. Reviewing and assisting in editing service provider reports, including child welfare report, as required.
  11. Facilitating an actual conference.
  12. Completing and distributing the written family plan.
Family Conferencing:
  1. Preparation: 5-6 weeks
  2. Conference: 5-6 hours
    1. Opening & Information Sharing
    2. Family Private Time: craft a plan for child welfare without professionals in the room
    3. Review of the plan: family present to staffs for recommendation & acceptance

  3. CSDCS - for the child

    CSDCS - from the parent's point of view

Restorative Questions

  • What was your role in what happened? 
  • What were you thinking at the time? 
  • What have you thought about since? 
  • Who do you think has been affected? How? 
  • What do you need to do to make things as right as possible? 
  • How can we make sure this doesn’t happen again? 
  • What support do you need?
For those harmed:
  • What did you think when you realized what had happened?
  • What impact has this incident had on you and others?
  • What has been the hardest thing for you?
  • What do you think needs to happen to make things right?

Family & School:

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