a provincial partnership of community and government focused on increasing safe and effective justice options for women experiencing family violence in Prince Edward Island, Canada

Restorative Justice and Violence against Women

Bibliography

Restorative Justice and Violence Against Women Resources

Aboriginal Women's Action Network, Research Report on the implications of rj for women and children in isolated communities in BC with documented histories of violence, for the Law Commission of Canada, 2001.

Alberta Solicitor General, Community Justice Policy Consultation Final Report, May 2001

Avalon Sexual Assault Centre, Formal Response of the Avalon Sexual Assault Centre to the N.S. Department of Justice Re: The Restorative Justice Program, submitted to the N.S. Department of Justice, Restorative Justice Program, September, 1999

www.hotpeachpages.org/paths/rjIrene.html

Bannenburg, Britta and Rössner, Dieter "New Developments in Restorative Justice to Handle Family Violence", date unknown

Burford, Gale and Pennell, Joan, Family Group Decision Making: Communities Stopping Family Violence, Questions and Answers, Health Canada, Minister of Public Works and Government Services, Canada 1998, ISBN: 0-662-26879-2, Cat. No.: H72-21/158-1998E.

www.hc-sc.gc.ca/hppb/familyviolence/html/decision_making/english/

Cloke, Kenneth, 'Date rape and the limits of mediation.' (1988), Mediation Quarterly, 21, Fall, 77-83.

Coward, Stephanie, Restorative Justice in Cases of Domestic and Sexual Violence: Healing Justice?, (2000, December), Directed Interdisciplinary Studies, Carleton University, Ottawa, ON, CAN.
www.hotpeachpages.org/paths/rj_domestic_violence.html

Davidson, Jane, Sex Offenders Salvaged by Circles Prevents New Crimes, Anglican Journal, May 2001
www.anglicanjournal.com/127/05/canada08.html

Foden, Brian,"Authorities disagree about appropriate use, but... Sentencing circles gaining acceptance from lawyers", The Lawyers Weekly. December 13, 1996.

Fournier, Suzanne and Barbara McLintock,"Healing - or Vicious - Circle?" Vancouver Province, June 19, 1998, A14.

Goolsby, Deborah Gartzke, ‘Using mediation in cases of simple rape.' (1990), Washington and Lee Law Review, 47 (4), 1183-1214.

Gustafson, Dave, Reclaiming Love: An Incest Survivor's Story, The Ecology Of Justice (IC#38), Spring 1994, Page 39, Copyright (c)1994, 1997 by Context Institute
www.context.org/ICLIB/IC38/Gustafsn.htm

Hooper, Stephen and Busch, Ruth, Domestic Violence and Restorative Justice Initiatives: The Risks of a New Panacea, Waikato Law Review, Taumauri School of Law, Volume 4, Issue 1, 1996, Special Issue on Domestic Violence.
www.waikato.ac.nz/law/wlr/special_1996/4_hooperbusch.html

Kachuk, Patricia, Violence against Women in Relationships: An Analysis of Policies and Actions, November 1998, The FREDA Centre for Research on Violence against Women and Children
www.harbour.sfu.ca/freda/reports/policy.html

Keats, Wendy, A Story about Family Violence & Mediation, M.O.V.E. Inc, Moncton, NB, CAN, date unknown

Keys, Ted, Family Decision Meetings and Domestic Violence: Issues Affecting Practice Strategies, Family Based Services Section, State Office for Services to Children and Families, Salem, Oregon, US

Kim, Jeanaha and Bose, Anu, Report of the Conference on Restorative Justice, Biennial General Meeting of the National Organization of Immigrant and Visible Minority Women of Canada, National Organization of Immigrant and Visible Minority Women of Canada, 2000

Koss, Mary P., Blame, Shame, and Community: Justice Responses to Violence Against Women, University of Arizona, date unknown
www.mincava.umn.edu/papers/koss.asp

MENNONITE CENTRAL COMMITTEE (MCC) Canada, Restorative Justice in Serious And Violent Crime, Vol. 12 No. 1, April 1993.

Pate, Kim, This Woman's Perspective on Justice. Restorative? Retributive? How about Redistributive?, Elizabeth Fry Society, July 1994
www.elizabethfry.ca/perspect.htm

PEI Victim Services, Report of the PEI "Victims of Crime" Roundtable, October 25-26, 2000

Pelikan, Christa, Victim-Offender Mediation in Domestic Violence Cases: A Research Report 2000, report for the United Nations Crime Congress: Ancillary Meeting by of the Institute for the Sociology of Law and Criminology, Vienna, Austria

Pranis, Kay, Restorative Justice and Feminism: Common Themes, Minnesota Department of Corrections, date unknown

Presser, Lois, & Gaarder, Emily, "Can Restorative Justice Reduce Battering? Some Preliminary Considerations", (2000), Social Justice, 27(1), pp. 175-195

Provincial Association Against Family Violence, Keeping and Open Mind: A Look at Gender Inclusive Analysis, Restorative Justice and Alternative Dispute Resolution, June 1999

Provincial Association Against Family Violence, Making it Safe: Women, Restorative Justice and Alternative Dispute Resolution, July 2000

Provincial Association of Transition Houses Saskatchewan, Report on PATHS' April 2000 Conference, Restorative Justice: Is it justice for battered women?
www.hotpeachpages.org/paths/rjConference.html#I

Rubin, Pam, Abused Women in Family Mediation: A Nova Scotia Snapshot, Transition House Association of Nova Scotia, 2000

Saskatoon Community Mediation Services, Report on the Consultation on Restorative Justice and Violence Against Women, June 26, 2001.

Sauter, Matthew J., ‘Post-conviction mediation of rape cases: working within the criminal justice system to achieve well-rounded justice.' (1993), Journal of Dispute Resolution, (175-192).

Stallone, D., "Decriminalization of Violence in the Home: Mediation in Wife Battering Cases", Law and Inequality 2(2) (1984): 493-519.

Umbreit, M.S. & Greenwood, J., Guidelines for Victim Sensitive Victim Offender Mediation "Restorative Justice Through Dialogue", 1997, Washington, DC: Office of Victims of Crime, US Dept. of Justice
ssw.che.umn.edu/rjp/Resources/Resource.htm

Umbreit, M.S., Bradshaw, W., Coates, R.B., Victim Sensitive Offender Dialogue in Crimes of Severe Violence: Differing Needs, Approaches, and Implications, (Draft) 2000. Office for Victims of Crime, U.S. Department of Justice
ssw.che.umn.edu/rjp/Resources/Resource.htm

White, Judy (alias), Restorative Justice in Cases of Domestic and Sexual Violence: The Voice of a Survivor, April, 2000, Provincial Association of Transition House of Saskatchewan
www.hotpeachpages.org/paths/rjJudy.html

Wright, Dr. Martin, " Even for Rape?", 2001
www.law.soton.ac.uk/bsln/rj/rjsumwri.htm

Yantzi, Mark, Sexual offending and restoration (1998) Community Justice Initiatives, Kitchener, ON, CAN .Zellerer, Evelyn, Community-Based Justice and Violence Against Women: Issues of Gender and Race" International Journal of Comparative and Applied Criminal Justice 20 (2), 1996, pp.233-244

Restorative Justice, Mediation, General Resources

Astor, Hilary, Position Paper on Mediation, prepared for National Committee on Violence Against Women, Australia, December 1991

Clairmont, Don, Restorative Justice in Nova Scotia, ISUMA, Volume 1, Spring 2000, ISSN 1492-062X
www.isuma.net/v01n01/clairmon/clairmon_e.shtml

FPT Working Group on Restorative Justice, Restorative Justice in Canada: A Consultation Paper, 2000, FPT Working Group on Restorative Justice, Department of Justice Canada
canada.justice.gc.ca/en/ps/voc/rjpap.html

Goundry, Sandra A., Restorative Justice and Criminal Justice Reform in British Columbia: Identifying Some Preliminary Questions and Concerns, BC Association of Specialized Victim Assistance & Counselling Programs, April 30, 1998

Pavlich, George, Deconstructing Restoration: The Promise of Restorative Justice, University of Alberta, a presentation to the International Conference on Restorative Justice, Tübingen University, Tübingen Germany, October 1-4, 2000

Roberts, Tim, Evaluation of the Victim Offender Mediation Project, Langley, B.C., Solicitor General Canada, March 1995

Rubin, Pam, Report shows problems with mediation for victims of abuse, Interaction, The Network for Conflict Resolution, Summer 2000 Edition, Volume 12, No, 2

The Church Council on Justice and Corrections, Satisfying Justice: Safe Community Options, July 1996

Umbreit, M.S., Information on Research Findings Related to Uniquely Restorative Justice Interventions: Victim Offender Mediation & Family Group Conferencing, St. Paul, MN: Center for Restorative Justice & Peacemaking, University of Minnesota, 1996.
ssw.che.umn.edu/rjp/Resources/Findings.htm

Wemmers, Jo-Anne and Canuto, Marisa, Victim's Experiences With, Expectations and Perceptions of Restorative Justice: A Critical Review of Literature, International Centre for Comparative Criminology, Université de Montréal, November 2001

Criminal Justice

Alder C & K Polk, 'Diversion and hidden sexism', 1982, Australian and New Zealand Journal of Criminology, 15 (2):100-108.

Braithwaite, J. and Daly, K., "Masculinities, Violence and Communitarian Control", in T. Newburn and B. Stanko (eds), Just Boys Doing Business, London: Routledge, 1994 (reprinted in M. Valverde, L. MacLeod and K. Johnson eds., Wife Assault and the Canadian Criminal Justice System, 1995)

Canadian Statement of Basic Principle of Justice for Victims of Crime
www.canada.justice.gc.ca/en/ps/voc/csbp.html

Crump, Judy, A Review of the Effectiveness and Viability of Domestic Violence as an Adjunct to the Formal Criminal Justice System, Nova Scotia Department of Justice, Victims' Services Division 2001

Hebert, Cheryl, Nova Scotia's New Family Court System Sets High Standards, Interaction, The Network for Conflict Resolution, Winter 2001 Edition

John Howard Society of Alberta, Conditional Sentences, 2000
www.johnhoward.ab.ca/PUB/A1.htm

Kachuk, Patricia, Sentencing Reforms and Women Survivors of Men's Violence: Why Women Should Care, for The FREDA Centre for Research on Violence against Women and Children, Research Funded by Status of Women Canada, April 1998
www.harbour.sfu.ca/freda/articles/reforms.htm

La Prairie, Carol, Conditional Sentence Orders by Province and Territory: September 1, 1996 - September 30, 1998, Research and Statistics Section, Department of Justice, November 1998

Minaker, Joanne C., Evaluating Criminal Justice Responses to Intimate Abuse Through the Lens of Women's Needs, Canadian Journal of Women and the Law, Vol.13, No. 1, 2001

Moyer, Sharon, Alternatives to Prosecution in Domestic Violence Cases: An Overview of the Research Literature, Report to Department of Justice Canada, 2000

Myers, Karen, An Overview of Corrections Research and Development Projects on Family Violence, Ministry of the Solicitor General of Canada, Cat. No. JS4-1/1996-3E, ISBN: 0-662-24421-4, 1996
www.sgc.gc.ca/epub/corr/e199603/e199603.htm

Nicholl, Caroline G., From Battering to Bettering: Changing the Lives of Victims of Domestic Violence and their Abusers, (1998, August), Washington, DC: Campaign for an Effective Crime Policy.

Roberts, Julian V., Doob, Anthony N., and Marinos, Voula, Judicial Attitudes to Conditional Terms of Imprisonment: Results of a National Survey, Report to the Department of Justice Canada, 1999

Ross, Rupert, Victims and Criminal Justice: Exploring the Disconnect, a Discussion Paper prepared for Presentation at the 27th Annual Conference of the national Organization for Victim Assistance, August 22, 2001, at Edmonton, Alberta, Canada

Umbriet, Mark and Greenwood, Jean, Criteria for Victim-Sensitive Mediation and Dialogue with Offenders, Office for Victims of Crime, US Department of Justice, August 10, 1997
ssw.che.umn.edu/rjp/Resources/Resource.htm

Aboriginal Women

"Mediation around the medicine wheel", Mediation Quarterly, vol. 10 no. 4, Summer 1993.

A Healing Circle in the Innu Community of Sheshashit, Justice as Healing, Vol. 2, No. 2 (Summer 1997)
www.usask.ca/nativelaw/jah_sellon.html

Coker, Donna K., Enhancing Autonomy for Battered Women: Lessons from Navajo Peacemaking (47 UCLA L. REV. 1-111 (1999)

Daisley, Brad,"Sex charge resolved by Native healing circle", 18 Lawyers Weekly No. 10 at page 6 (July 1998) .

Griffiths, C. T. & Hamilton, R.,"Spiritual Renewal, Community Revitalization and Healing: Experience in Traditional Aboriginal Justice in Canada", 1996, International Journal of Comparative and Applied Criminal Justice, 20(2): 289-311.

Huger, Marg, "Native Healing helps abusers : offenders admit guilt, avoid jail terms", Globe and Mail, 8 April 1995 pages A1 and A5.

Lee, Gloria, Defining Traditional Healing, academic paper prepared for a Native Studies research course wit the University of Saskatchewan under the advisement of Patricia Monture-Okanee.
www.usask.ca/nativelaw/jah_lee.html

Monture-Okanee, Patricia A., Justice as Healing: Thinking About Change, Justice as Healing: A Newsletter on Aboriginal Concepts of Justice, Native Law Centre, Summer, 1995
www.usask.ca/nativelaw/jah_okane.html

Native Counselling Services of Alberta, A Cost-Benefit Analysis of Hollow Water's Community Holistic Circle Healing Process, Aboriginal Corrections Policy Unit, Solicitor General Canada, 2001

Stewart, Wendy, Huntley, Audrey and Blaney, Fay, The Implications of Restorative Justice For Aboriginal Women and Children Survivors of Violence: A Comparative Overview of Five Communities In British Columbia, a report prepared for the Aboriginal Women's Action Network as part of their Aboriginal Women, Violence and the Law Participatory Action Research Project July 2001

The Four Circles of Hollow Water, APC 15 CA (1997), Public Works and Government Services Canada, Cat. No.: JS5-1/15-1997E, ISBN: 0-662-25629-8

Toughill, Kelly, Judge Jim, An Inuk's compassion and understanding transform his people's view of the justice system, The Toronto Star -- Ontario, Saturday, February 3, 2001 01, ATLANTIC CANADA BUREAU, HOPEDALE, Labrador.

Zellerer, Evelyn, "Restorative Justice in Indigenous Communities: Critical Issues in Confronting Violence Against Women", International Review of Victimology Vol. 6, 1999, pp.345-358.US.

Cases

  • A.J. No. 1025, (R. v. Manyfingers) (Alta. Prov. Court). Provincial Court Judge Jacobson.
  • R. v. S. R. [1994] N.J. No. 108. Newfoundland Supreme Court - Trial Division. Judge O'Regan. Filed: March 7, 1994.
  • R. v. Rich (1994) 2. CNLR 143 Court of Quebec
  • R. v. Naappaluk (1994) 2 C.N.L.R. 143 Court of Quebec. (May 4, 1993) .
  • R. v. McGrath (1962), 133 C.C.C. 57 (S.C.C.).
  • R. v. Alaku (1993), 112 Dominion Law Reporter (4th) at page 732. Quebec Court Crim. Pen Div.).
  • R. v. D.N. (may also be indexed as R. v. N.(D)) [1993] Y.J. No. 193.
  • R. v. Joseyounen (1995) 6 W.W.R. 438 (Sask. Prov. Ct.) and [1996] 1 C.N.L.R. at page 182.
  • R. v. A.F. (1994) Ontario Court of Justice.
  • R. v. H.K.C. [1997] Saskatchewan Court of Appeal. No. 577. Written reasons: September 15, 1997.
  • R. v. Gladue, File No.: 26300, 1998: December 10; 1999: April 23., SCC, on appeal from the Court of Appeal for British Columbia
  • R. v. W. M. [1997] O.J. No. 2778. Court File No. 1892/92 Ontario Court of Justice (General Division). June 27, 1997. Judge Sedgwick.
  • R. v. W.B.T. (1997) Saskatchewan Court of Appeal. [1998] 2 C.N.L.R. 140. Judge Bayda.
  • R. v. Paul [1999] 1 C.N.L.R. 149 New Brunswick Court No. 331.
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