Restorative Justice – Does it Restore Justice?

By Denise Norman

November 9, 2007

“THAT’S enough now guys” – those were the last words that my cousin Aaron Webster spoke in his short life of 41 years.

Aaron was attacked by five young men in the early hours of November 17, 2001.  They came from South Burnaby, a 45-minute drive, to have some fun or “sport” as they called it.  Their idea of “sport” was to go to Stanley Park to beat-up “peeping toms.”  That was their story and they stuck to it.  Aaron was in a well-known “gay-stroll” area of Stanley

Park that these young men had ventured into before, at least three times, so they knew of the presence of homosexual males in that area. This was a hate crime.  They targeted gay men as Nazi youth targeted Jews in the Second World War, however only one judge –Valmond Romilly – deemed it a hate crime.  Two of those young men were youths at the time of the crime and so were charged with manslaughter under the Youth Criminal ustice Act.  Both youths received the maximum sentence – two years in closed custody (in Burnaby’s Willingdon Correctional Unit) and one year in open custody (under parental supervision in their own home).

I had sat in court at most of the sessions that related to “Jay” (J.S.- the first youth charged in Aaron’s murder) conviction in my cousin’s Aaron Webster’s murder.  I glared at him at every court appearance even though some of those appearances only lasted a short time.  Ever since that first meeting in court I knew I wanted to meet him so I could tell him how angry I was.  When the prosecutor in “Jay’s” case told me how I could make contact through the Restorative Justice Program - I took the opportunity at once to meet him.

“Restorative justice, an approach to crime that focuses on healing relationships and repairing the damage crime causes to individuals and communities, is not a new idea. The concept has been accepted for some time by governments, community organizations, Aboriginal organizations, interest groups, and even by courts that are looking for more constructive ways to deal with crime…The goal is to repair the damage caused by crime as much as possible, to restore harmony and stability, and to prevent further crime from occurring..” canada.justice.gc.ca

The problem of inviting other members of Aaron’s family to join the Restorative Justice Program was altogether more difficult.  Aaron was estranged from most other members of his family.  Getting Aaron’s relatives to attend any court appearance, hearing or trials however was in itself hard work.  Beyond this, the issue of having them to meet any of Aaron’s killers seemed preposterous.  In my effort to try to have Aaron’s family involved in the Restorative Justice Program, I became cognizant of the reason why Aaron became estranged from majority of his own family.  After some effort, I was able to convince my husband Fred and Aaron’s younger sister Pamela to participate in the Restorative Justice process.

Two probation officers who specialized in Youth Restorative Justice organized our agenda.  In preparation for our “face-face” meeting, the probation officers spoke with as many of Aaron’s relatives as they could, to the extent that the Restorative Justice Program flew them out to Edmonton to speak to Aaron’s younger sister Pamela directly.  The officers also met and spoke with the two youth offenders in Aaron’s case.

Aaron’s crime not only affected our family but also members of the homosexual community.  As reported by the TV and print media, thousands marched in protest of his crime the day after it occurred.  Furthermore, a rally was held by the gay community prior to Ryan Cran’s sentencing (the only adult convicted in Aaron’s crime).   I felt strongly that the gay community should be involved in this process and was very pleased that Barbara Findlay (a Gay-Activist Lawyer) agreed to represent them at one of the young offender’s meetings.

In this particular case, the whole process of Restorative Justice took about one year.  All those involved were interviewed several times ahead of time.  We chose to wait for our final meeting with each youth offender until their “closed custody” portion of their sentence was completed because we didn’t want to enter a jail for the conference.  We wanted an “open” environment for the conference.  The two youth offenders also had choice as to persons they wished to have attend.  My husband and I had already met one of the offenders’ family through numerous court appearances.  Surprisingly, we were very civil to each other and I personally felt, for the first time, compassion for “Jay’s” family.

We chose to have our conferences with the youths separately.  To our surprise, “Jay” refused to speak with anyone from the gay community.  Each youth had their own “support people” at his own conference, and so did we.

Summary of “Alan’s” Conference

“Alan” (A.C.) was the second youth charged in Aaron’s murder. “Alan” told his story about the crime and gave detailed events, before, during and after.  Each of “Alan’s” support people told their stories too.  Our family took turns telling our feelings about the crime, and its after-effects.  We were able to question ANYONE who attended the conference on any pertinent issues and “pre-approval” was not necessary like in court or parole hearings.

I, personally, had a million questions – so many that “Alan” commented that some were like the questions the police had asked him during the investigation.  Strangely, I found that I was able to understand him as a human being – not just the “thug wheeling a bat who murdered” my cousin.  I found him to be honest and I do believe that he did not have intensions to kill Aaron nor did he “premeditate” about his emotional and immediate actions.  I am sure too he didn’t understand consequences. 

Was “Alan” punished enough for his role in the crime?  I believe not.  There is a part of me that still says he was not punished enough.  In spite of this, I believe now that “Alan” has clearer goals ahead of him that I hope will keep him on the straight and narrow.

Summary of “Jay’s” Conference

“Jay” also told his story about the crime as did “Alan”.  However, in my opinion, he was not as forthright about it as “Alan”.  He struggled with difficulty to remember certain aspects of the crimes.  He claimed he was too drunk at the time to remember issues and that certain things were blurred.  “Jay” was the first person to be charged with manslaughter.  A close friend of his “ratted on him”.  Police interrogation convinced “Jay” to confess ([5] provincialcourt.bc.ca/judgments.  When I was able to question “Jay” on events of his crime, he had to stop the conference because he felt ill recalling events that upset him greatly.

I pressed on.  I told him that in order to “move ahead” he would have to face up to his role in Aaron’s death in order to assuage the guilt he would likely carry with him for  for the rest of his life.   It upset me that “Jay” had NOT faced up to his role in the crime but I was at least able to speak to him, and tell him my feelings.

Was “Jay” punished enough for his role in the crime?  I don’t think so.  However, the strange thing was that “Jay” is still punishing himself.  I believe that jail has “scared “Jay” straight.”  I don’t think he will get into trouble again.  But he has only one very strong support role in his life and I worry what will happen to him when that support is gone.

Summary

The Youth Criminal Justice Act strives to rehabilitate and prevent further crime with youth.  The Restorative Justice process allowed me to see that “Jay”, “Alan”, and their respective families were ordinary human beings just like me and my family.  The Justice System had basically “finished” with the punishment of these two young men.  Yet, I wanted more out of the system.  I did not want vengeance, but an opportunity to air out my anger, frustration and sadness with their actions.  I thought by meeting them, perhaps I could appeal to their collective conscience.  Perhaps I could show them that by killing my cousin Aaron that they have done grievous harm to our family.  Even though their sentence was completed in three years our suffering will continue for a very long time.  And I want them to remember that for the rest of their lives.

I found the Restorative Justice Conferences with “Jay” and “Alan” to be helpful as part of my own healing process in Aaron’s crime.  Aaron is dead and will never come back.  For our family, there is no clear closure.  Initially, I naturally felt such hatred against these two young men.  I also felt anger toward their families for “protecting them” after the crime was committed.  However, after meeting “Jay”, “Alan”, and their families, I no longer felt this burning animosity.  I hate that they participated in the crime, but I harbor no personal enmity towards them or their family.   I hope that both these young men realize the results of their actions and will not commit any future crime.

After Thought

I cannot tell you why this process is called Restorative Justice?  In my opinion, it didn’t “restore” any kind of justice.  Criminals use this process to show their “remorse” about their crimes and in doing so, the public, lawyers, prosecutors, judges and even some victims then feel pity for the offender.  The perpetrator can too readily use these emotions to seek alternatives to punishment and incarceration (such as appeals of sentencing or parole).  I agreed to be part of this process so I could speak and ask questions of the offenders without “judicial interference.”  I hope lawyers, prosecutors and judges don’t misinterpret my comments on this process and continue to use the Restorative Justice Program as substitutes to the strong and necessary arm of the law.  If Restorative Justice is to be used – it should only be used “in addition” to the maximum possible sentence.

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Denise Norman