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The Roots of CJP

Why We Do What We Do

 

Photo by Jonathan Petersson from Pexels

 

We would like to acknowledge that the Collaborative Justice Program in Ottawa is on un-ceded Algonquin Anishinabe territory. We honour with gratitude the land itself and the people who have stewarded it throughout the generations.

The Philosophical Roots of Restorative Justice and Why CJP was Created

Restorative justice is a movement born of the growing recognition in the community and among criminal justice professionals themselves that the current criminal justice process is not delivering on needs of victims, offenders or communities. Concerns repeated by many both within and outside the system are that: the current justice system is remote from the lives of all the people affected by a crime; that there is an inadequate and unsatisfying role for victims in this process; that the sentence imposed by the court is rarely meaningful for the victim(s) or the community and constructive for the offender; that the current process often does not address the root causes of crime; and that the current system is unable to provide communities with a sense of safety.

Restorative justice challenges us to expand our vision beyond a model of justice that focuses almost exclusively on determining legal guilt or innocence and where guilt is established, imposing appropriate punishment to a model that pays attention to the needs of all those who have been affected by the crime, and thereby contributes to restored individuals and a healthier community. Pioneering work on this new approach was first seen in Canada in the mid-1970s in the form of “victim/offender reconciliation” programs and in the recovery of aboriginal healing circles.  Since then, we have discovered that the roots of restorative justice go back many generations to the traditional values inherent in the conflict resolution and peace-making processes of many First Nations peoples here in Canada and in other parts of the world.   


What is “Restorative Justice”?

In speaking about the “restorative” approach to justice, we need to recognize that we are talking about a fundamentally different paradigm of justice.  It involves a shift in how we view crime and the role of the criminal justice system.  Restorative justice was born out of the conviction that crime is more than the breaking of a law and that the role of the criminal justice system should be more than catching, convicting and punishing the guilty. 

Restorative justice defines crime as real harm done to real people.  It challenges us to focus our attention and our efforts on the “human” impacts of crime – the fear, anger, pain, dis-empowerment, alienation and grief that people are often left with, -- on the questions of accountability, regaining control of one’s life, reparation and healing that need to be addressed for those affected. Crime is almost always a sign of brokenness, within people and between people, a fracture or rending of community life usually with real and painful impacts on the lives of those victimized, the perpetrators, their families and other community members.  It can also be a symptom of social brokenness revealing structural or systemic inequality or dysfunction. Restorative justice calls for the criminal justice system to assist the parties to identify and address the harm done through mechanisms for support, accountability and healing that do not create new harm in the process.


Collaborative Justice’s Beginnings

The Collaborative Justice Program (CJP) was born through a wonderful collaboration between individuals from the Ottawa Crown Attorney’s Office, the Church Council on Justice and Corrections, the Department of Justice, Public Safety Canada (formerly Solicitor General) and Correctional Service Canada. CJP opened its doors on September 1, 1998 as a demonstration project at the Ottawa Provincial Courthouse. The purpose of the pilot was to demonstrate that the application of a restorative approach in cases of serious adult or youth crime, would provide for a more satisfying experience of justice for all parties involved, for the victim(s), offender(s) and the community. We recognized that serious crime usually involves a greater degree of impact and therefore contributes to a greater need for a restorative approach.

Though the Program's priority will always be the more serious cases, CJP has evolved to allow the acceptance of post-charge/pre-sentence cases, adult and youth, regardless of level of seriousness.

CJP offers individual support to those affected by crime as the criminal justice process unfolds. The Caseworker supports victims in identifying and addressing their needs while ensuring that the offender understands the impact of his/her behaviour. It provides opportunities for both parties, if they desire, to work together on healing and resolution.

Who Funds CJP

Thanks to the generous support of the Provincial Ministry of Children, Community and Social Services of Ontario, the Ottawa Crown Attorney's Office as well as numerous other individual donors, CJP is fortunate to offer restorative justice services for both adult and youth cases. CJP is thankful to the Ontario Trillium Fund for funding the program from 2021-2022 during the height of the COVID-19 pandemic.

What We Do - CJP’s Restorative Justice Process

Post charge cases are referred to CJP with the approval of the Crown and Defence Counsels, and youth diversion cases through the Boys and Girls Club Youth Diversion Program. Individuals may contact the Program to see if their particular case meets CJP's criteria for acceptance.

**Please know that our services are offered in both French and English. Please let your Caseworker know what language you feel most comfortable communicating in. If you require interpretation services outside of these two languages, please bring this to the attention of your Caseworker and we can discuss possible options.**

The process begins when a Caseworker meets with the person accused of the crime to assess whether they are:

  • taking responsibility,

  • is remorseful and is

  • willing to work towards repairing the harm caused.

If the accused meets these criteria, they are accepted into our voluntary, confidential process where values such as accountability and truth telling are encouraged.

The Caseworker will then contact the victim(s), describe the services and goals of the Program, and invite voluntary participation. If the victim is interested, the case proceeds.

We work with adult or youth cases where:

  • the accused has accepted responsibility for the harm done and has a desire to make amends, and

  • the victim is interested in participating in a reparative process.

The Program only proceeds with casework where both the victim and accused choose to participate.

Through regular meetings with the accused, the Caseworker will explore the issue of accountability. The accused is also expected to address the underlying causes of his/her criminal behaviour. The Caseworker also meets regularly with the victim to identify his or her needs while offering information and support. Other affected family or community members may be identified, contacted, and offered support. The Caseworker facilitates the exchange of information between the parties. This may be done through dialogue with the Caseworker, through letter writing, or through video taped interviews. As this reparative process evolves, the parties may decide to meet face to face. Each may have a variety of reasons for wishing to meet, including:

  • Getting answers to questions

  • Describing the impact of the harm

  • Assessing sincerity of accused

  • Offering and/or receiving an apology

  • Discussing what can be done to repair the harm

If the parties choose to meet, a Restorative Circle would include the victim(s) and their support people, the offender(s) and their support people, and two facilitators. Whether there has been a Circle or not, it is possible to collaborate on a Resolution Agreement. If a Resolution Agreement is developed and agreed to by all parties, it is submitted to the court for consideration at sentencing.

 
 

FAQs

HOW MUCH DOES IT COST?

Our program is free for all participants.

HOW LONG IS THE PROCESS ?

The process may take anywhere from a few months to several months, however, each case is different and the length of the process can vary depending on the needs of the clients.

HOW SAFE IS IT FOR ME TO SHARE INFORMATION?

It is important that CJP create a safe space for participants to be open, honest and speak from the heart. Nothing that is shared by either party through the course of their participation with CJP may be used against them in court.

DO I HAVE TO MEET WITH THE OTHER PERSON?

No. A victim/offender meeting is held only when the parties wish to meet face to face. There are other options we can provide for communication between the parties, for example, verbal exchange through the caseworker, letter writing, and videotaped interviews.

IS THERE AN EXPECTATION THAT I WILL FORGIVE THE OFFENDER?

No. Although forgiveness is beautiful when it happens, we feel strongly that forgiveness is part of an individual's life journey and should not be demanded or expected from any participant.

IS THE PROCESS CONFIDENTIAL?

Yes, the work of the program is strictly confidential. However, the parties may choose to share information with the referral source and/or the court through the Resolution Agreement. The Resolution Agreement is the only information from the program that is shared with the referral source and/or the court.

WILL MY PARTICIPATION AFFECT THE OFFENDER'S SENTENCE?

Sentencing remains the role and responsibility of the Judge. If you and the offender develop a Resolution Agreement, it will be submitted to the court for consideration at the time of sentencing.

IS THERE A COMPLAINTS PROCESS?

Yes, for more information, click here.

 
 

Collaborative Justice Program Staff

Our Caseworkers facilitate a line of communication between victims and offenders and walk alongside both parties on their respective healing journeys. While they are not counsellors, they do offer support to victims and offenders by offering a listening ear and connecting them to external resources when possible. In order to provide victims and offenders with the best support, our staff routinely participates in various trainings.

Here is a non-exhaustive list of the types of training our staff engages in:

  • Trauma-Informed Care

  • Mediation Training

  • Mental Health First Aid

  • Strength-based Approaches

  • Suicide Prevention

 

Amber Montgomery, Incoming Executive Director

Amber has worked as a Caseworker with the Collaborative Justice Program since 2006. She came to the program after graduating from the University of Ottawa with a Bachelor Degree in Social Sciences with a concentration in Criminology and a minor in Psychology. Amber brings experience from police victim services, community outreach, and restaurant front end management! Amber believes wholeheartedly in the work that she does, and greets everyone who comes through the office doors with a warm smile because of this passion. She is a lover of animals, music, yoga and the colour purple.

Kimberly Mann, Outgoing Executive Director

Kimberly has been working with the Collaborative Justice Program since 1999, one year after the Program opened its doors. She has been the Director since 2003 and prior to that was a Caseworker and Volunteer Coordinator with CJP. Kimberly's previous experience was working for many years with adults suffering from mental health problems. Throughout her career she has been committed to assisting individuals to achieve the best possible state of wellness. Kim believes strongly in the values of Restorative Justice and consciously applies these to her everyday life. Kim was very proud to receive the national Ron Wiebe Restorative Justice Award in 2017.

 

Luke Ffrench, Caseworker

Luke is the newest addition to our team. Luke graduated from the University of Ottawa with honours specializing in criminology. He then spent 3 years in victim services where he developed a passion for restorative justice, confronting firsthand the challenges that exist in the criminal justice system. Luke loves getting active and takes an easy-going attitude with him in and outside of work.

Robin Macdonald, Caseworker

Robin is a restorative justice practitioner, communal grief and Work that Reconnects facilitator, Yasodhara Yoga teacher and writer. Her trajectory into restorative justice was inspired by the South African Truth and Reconciliation Commission and Cree restorative justice processes and teachings in northern Manitoba. Robin has background in community development, grief support and facilitating restorative processes for addressing child welfare concerns, harm caused by crime and for supporting people transitioning from federal prison into community. Core to her work is the role of community in healing and thriving.

 
 

Board of Directors

 

Brendyn Johnson, President

Brendyn is currently a PhD student in Criminology at the University of Montréal. He is entering his second year of the program, writing a thesis with delay in the criminal justice system as its topic. His previous Master’s work at the University of Ottawa centered on the use of Restorative Justice in the criminal justice system and how it comes to be used. Furthermore, he has studied Restorative Justice extensively not only through his courses but also having completed a placement at the Collaborative Justice Program. He has also had the opportunity to study European forms of Restorative Justice, having studied in Belgium for three months. In this way he has a great familiarity with Restorative Justice theory and with its practice. He is also greatly interested in mediation in its various forms and applications.

Eric Granger, Co-Vice President

Eric Granger is a criminal lawyer with the Ottawa law firm Greenspon Granger Hill. Eric obtained his B. Arts Sc. (Hons.) (Summa Cum Laude) as a graduate of the Arts & Science Program at McMaster University in 2001. He obtained his LL.B. (Magna Cum Laude) as the silver medalist in law from the Common Law Program at the University of Ottawa in 2004. Following his graduation from law school, Eric completed his articles with Greenspon, Brown & Associates (predecessor to his current firm) and has remained with the firm since his call to the bar in July 2005. Eric also teaches appellate advocacy and criminal trial advocacy at the University of Ottawa law school and is a member of the Steering Committee at the University of Ottawa Community Legal Clinic. The unifying theme of Eric’s legal practice is working for the little guy against the coercive power of the state. Having seen first-hand as a defence lawyer the great work done by the Collaborative Justice Program, Eric was pleased to be invited to join the CJP Board in 2014.

 
 

Linda Lebeau, Secretary

Linda is a graduate of Ottawa University with a degree in criminology and sociology. She began her career with the Ministry of the Attorney General as a court reporter in 1994. Today, Ms. Lebeau is the successful owner of Lebeau Transcription Services Inc. (LTS), a company dedicated to providing bilingual court reporting and transcription services for both the private and court sectors for over 28 years. Furthermore, she has taught the Court Transcriptionist Course, Basic and Advanced Level, at Algonquin College. Linda looks forward to her new position with the Collaborative Justice Program.

Frances Roberts, Treasurer

Frances Roberts recently retired from a 30 year management career with Procter & Gamble. She was a global marketing director for the company’s largest brand (Pampers) and in this role, was responsible for commercial strategic plan choices and enabling local teams to realize those plans. In her capacity, Frances has worked in many countries including China, Singapore and the United States. A native to Ottawa, we anticipate her management and communications experience will bring useful skills to CJP in areas such as Strategic Planning, Fundraising and Board development. Frances was attracted to CJP after witnessing the passion and commitment of the CJP Board to the program and hearing the strong support from within Ottawa judicial community.

 
 

Jane Griffiths

Rev. Jane Griffiths has been involved with the Collaborative Justice Program since its inception in 1998 as a member of the Steering Committee, and since its incorporation, she has served as a member of the CJP Board. She served as a minister with The United Church of Canada in two congregations in West Quebec and was the United Church representative and President on the Board of The Church Council on Justice and Corrections. It was CCJC’s vision of restorative justice that inspired the model for the original 3-year pilot project of the Collaborative Justice Project at the Ottawa Court House. Jane has had a lifelong commitment to a form of justice that is about the healing, repair and reconciliation of relationships of individuals and communities. Prior to her call to ministry Jane worked with the Survivor Support Program, of Distress Centre in Toronto for 15 years. This providing support to individuals and families dealing with a death by suicide and focused on healing in the aftermath of such deaths. In retirement Jane relaxes by reading poetry, taking courses at Carleton University, grandparenting 3 grandchildren and working on a respectable golf score while partnering with husband, Peter.

Howard Bebbington, Co-Vice President

Howard Bebbington joined the Board of Directors of the Collaborative Justice Program (CJP) as a new board member in June of 2021. He is also the Vice President of the Canadian Criminal Justice Association (CCJA) and a member of its Board of Directors and Executive Committee. Howard believes his most important accomplishments are his two children (both of whom are lawyers) and his three granddaughters, at least one of whom will most certainly become a future Chief Justice of Canada.

Howard holds a BA (Psychology) and an LL.B., and has been a member of the Ontario bar since 1983. He practised with the Department of Justice Canada for approximately 27 years, focussing on criminal law, criminal procedure, sentencing, policing, corrections, national security, drug policy and court structure. After retiring from the Department of Justice in 2011, Howard taught sentencing from 2011 to 2018 as a part-time professor at the University of Ottawa, Department of Criminology. Howard also serves as the Chair of the CCJA Policy Review Committee.

Howard is a firm believer in restorative justice and victim-offender reconciliation, having seen the healing and personal growth this approach can bring to victims and offenders involved in the criminal justice system and, by extension, to the community within which the criminal offences occurred.

 

Brandon Crawford

 
Brandon Crawford is a criminal defence lawyer and Partner at Edelson Foord Law. Prior to this, he was a Partner at Foord & Crawford.   Brandon regularly appears before the Ontario Court of Justice, the Superior Court of Justice and the Court of Appea

Brandon Crawford is a criminal defence lawyer and Partner at Edelson Foord Law. Prior to this, he was a Partner at Foord & Crawford.

Brandon regularly appears before the Ontario Court of Justice, the Superior Court of Justice and the Court of Appeal for Ontario. He diligently represents clients, both youth and adult, charged with all offences in Ottawa and across Ontario.

He additionally represents clients facing regulatory offences and those appearing before professional disciplinary committees. Brandon brings diverse experience, an innovative approach and a tireless work ethic to each case to consistently achieve excellent results for his clients including acquittals, exclusion of evidence and very favorable resolutions.

Due to his experience and reputation, Brandon’s insight and opinion are cited in publications for other lawyers. Brandon also teaches Trial Advocacy at the University of Ottawa Faculty of Law. He is currently a member of the Law Society of Upper Canada, Defence Counsel Association of Ottawa and the Criminal Lawyers’ Association.

Peter Doody

Peter Doody graduated from Queens’ law school in 1980. He came to Ottawa to article and decided to stay. After articling for the criminal law firm of McCann and Bayne he joined the Civil Litigation section at the Department of Justice. In the fall of 1985, Peter joined the law firm of Scott & Aylen. He stayed at that firm through its various permutations, doing any case that would get him into court. He performed various roles at the firm, including as Managing Partner from 2005 to 2008. Looking for a new challenge, Peter applied for and was successful in becoming a Provincial Court Judge here in Ottawa. By all accounts he excelled at this job and loved every day he spent in court. Always trying to do the “right” and “just” thing.

Unfortunately a massive stroke in August of 2021 put an end to Peter’s judicial career. He formally retired in May of 2023. Now his full time job is post-stroke rehab. But he missed court and feels he still has a lot to offer. He sees the CJP as a place where he can help to make a difference for those whose lives are entwined in the court process.

Don Butler

Don Butler worked as a journalist for more than four decades at the Ottawa Citizen. During his time at the newspaper, he covered politics at all levels, wrote editorials and held several positions in newsroom management, including executive editor.

In 2004, he wrote a ground-breaking series on restorative justice that was nominated for Justice Canada’s prestigious Justicia Award. His first novel, A Life of Bliss, was released in 2021 by Ottawa Press and Publishing. He lives in Ottawa, is married to fellow journalist Christina Spencer and has two grown children, Sean Butler and Meagan Zucco.

Mary Ellen Doody

Mary Ellen Doody graduated from University of Ottawa law school in 1982. She spent her early years as in-house counsel for the Ottawa Children’s Aid Society. She then moved to the Ottawa provincial crowns office. After about 10 years as a provincial crown attorney, and a secondment of approximately 18 months in the Criminal Law Policy section at the Department of Justice, Mary Ellen completed her legal career as a federal crown with PPSC, working out of RCMP Division A (as it then was) in their Integrated Proceeds of Crime unit.

Mary Ellen retired in 2013 and pursued quilting as a hobby. She now provides support to her husband of 45 years, in his post-stroke recovery journey, and enjoys spending time with their four adult children and their respective families. Mary Ellen was an assistant crown in the provincial crowns office here in Ottawa when the CJP first opened its doors and has always been a staunch believer in the program.

Barbara McIsaac

Barbara McIsaac is now retired from the practice of law and a distinguished career as a litigator with the Civil Litigation Section of the Canadian Department of Justice, a litigation Partner with McCarthy Tétrault, where she was managing partner of the Ottawa Office for a number of years, and as a senior litigation Counsel with Borden Ladner Gervais LLP.

Between 2015 and 2020 Barbara practiced on her own providing both public sector and private clients with advice on access to information and privacy issues, mentoring and consultation on litigation matters, including appeals, and opinions on legislative mandates and legislative interpretation.

Over her lengthy career, she has advised private sector clients, governments and government agencies on issues relating to trade and procurement law, Charter and Human Rights issues, legislative mandates, jurisdiction and the conduct of investigations. Barbara has appeared before all levels of courts in the Province of Ontario and the Federal Courts, including a number of appearances before the Supreme Court of Canada. She has also appeared frequently before both federal and provincial administrative tribunals. She has also served as senior counsel on Federal Commissions of Inquiry

She is a graduate of Queen’s Law School (1973) and was called to the Bar as member of the Law Society of Ontario in 1975 and was appointed Queen's Counsel in 1989. Barbara continues to be a member of the County of Carleton law Association and the Advocates’ society where she previously served on the Board of Directors. She is also a Fellow of the American College of Trial Lawyers and was the first woman from the Ottawa Bar to become a Fellow.

Barbara was one of the leading experts in Canada in privacy and access to information law and one of the original co‐authors of The Law of Privacy in Canada (Carswell, 2000.)