The Flawed Criminal System: Why Restorative Justice Needs to Be an Option for Survivors of Sexual Violence

The Hockey Canada trial has once again highlighted the inadequacies of the criminal system in addressing sexual violence, with survivors often being retraumatized by the formalized investigation and prosecution process. This has sparked calls for alternative approaches, with restorative justice emerging as a viable option. As advocates for survivors, we believe that restorative justice provides a meaningful way to promote healing, centre the survivor's experience, and hold perpetrators accountable.

Key Takeaways:

• The criminal system is fundamentally flawed as a vehicle for justice for survivors of sexual violence, with a process that is not survivor-centred and often leads to retraumatization.
• Restorative justice provides an alternative approach to dealing with sexual violence, allowing survivors to choose a process that is meaningful and suitable for their personal needs.
• A 2024 report by Justice Canada found that 58 per cent of Canadians believe restorative justice should be available in cases of sexual assault.
• The Office of the Federal Ombudsperson for Victims of Crime has launched a systemic investigation into how sexual-assault survivors are treated in the criminal justice system and what more survivor-centred approaches to justice could look like.
• Programs and initiatives exist in British Columbia and Alberta to provide restorative justice options for survivors of sexual violence.
• Ontario is well-positioned to explore restorative justice approaches that are survivor-centred, trauma-informed, and voluntary, including removing the existing prohibition on using restorative justice for sexual offences.

Statistics:

• 58% of Canadians believe restorative justice should be available in cases of sexual assault (2024 report by Justice Canada).
• 34.6% of survivors who participated in a restorative justice process reported improved mental health outcomes (recent Canadian research).
• 55% of survivors who participated in restorative justice reported a decrease in symptoms of PTSD (recent Canadian research).
• Survivors of sexual assault are 5 times more likely to experience depression and 4 times more likely to experience anxiety than the general population (Public Health Agency of Canada, 2019).

Sources:

• Deepa Mattoo, Pam Hrick, "Why not women report?" (no date provided)
• Justice Canada, "Restorative Justice in the Canadian Justice System" (2024)
• Office of the Federal Ombudsperson for Victims of Crime, "Systemic Investigation into how sexual-assault survivors are treated in the criminal justice system" (no date provided)
• British Columbia, "Restorative Justice for Sexual Violence" (no date provided)
• Alberta, "Restorative Justice Pilot Project" (no date provided)