FAIRVIEW AND COMMUNITY RESTORATIVE JUSTICE REGULATIONS AND GUIDELINES Providing our Community with an Effective, Efficient Alternative Justice Program Page |1 INDEX: 1. Name 2. Vision 3. Goals 4. Preamble 5. Principles 6. Governance of Program 6.1 6.2 6.3 6.4 6.5 6.6 Governance Chart Accountability Reporting Chart Government and Contract Agreements Fairview & Area Well Community Action Association Restorative Justice Coordinator Volunteer Facilitators 7. Program Operational Structure 7.1 Program Operational Chart 7.2 Code of Ethical Conduct 7.3 Oath of Confidentiality 7.4 Communications Structure 7.5 Program Communication Chart 7.6 Program Coordinator and Facilitators Discipline 7.7 Referral 7.8 Program Coordinator 7.9 Facilitators 7.10 Facilitator Personal Safety 7.11 Fairview and Area Well Community Action Association 8. Definitions and Resources 8.1 Definitions 8.2 Resources 8.2.1 Forms 8.2.2 Contracts 8.2.3 Package Resources 8.2.4 Other Resources 9. Glossary (Key Terms) Fairview Community Restorative Justice Regulations and Guidelines 2015 Page |2 1. Name: Fairview Community Restorative Justice (FCRJ). 2. Vision: Providing the community with an effective, efficient alternative justice program. 3. Goals: To provide the community with an effective, efficient alternate justice program by: Increasing the levels of empathy between victims and offenders by addressing harm. Increasing offenders' level of awareness of impact of accepting responsibility for crimes committed. Reduction of recidivism. 4. Preamble: Codes and oaths in this document are considered regulations. All other articles in the document are meant as guidelines for all those involved in the administration and delivery of the program, thus better enabling FCRJ to succeed. 5. Fundamental Principles of Restorative Justice(adopted from Susan Sharpe MRJC): Harm focused Restorative justice is concerned first and foremost with the harm involved in wrongdoing. The key principles of restorative justice flow from this emphasis on harm. What is important in wrongdoing is less about laws that have been broken than the people have been harmed. This leads to several central principles: Harmed persons and their needs become vital to address in the process of justice. Harm creates obligations, so wrongdoer accountability is defined as understanding the harm and taking responsibility to make it right as much as possible. Reparation of harm is a central concern of justice. Both Harm and obligations have community dimensions as well, so the community role is also important. Engagement Restorative justice assumes that harmed persons, wrongdoers, and community must be involved in the process of justice insofar as that is possible. Participation in restorative processes must always be voluntary for victims/persons harmed. Offenders/perpetrators must admit guilt/accept responsibility and give their informed consent to participating, before engaging in restorative processes, to prevent any risk of further harm. Fairview Community Restorative Justice Regulations and Guidelines 2015 Page |3 6. Governance 6.1 CHART A - Governance Structure: Fairview Community Restorative Justice Fairview Community Restorative Justice Fairview Community Restorative Justice Facilitator Fairview Community Restorative Justice Regulations and Guidelines 2015 Page |4 6.2 CHART B - Reporting (Accountability) Structure: Fairview Community Restorative Justice Facilitator Fairview Community Restorative Justice Coordinator Fairview Community Restorative Justice Program Fairview and Area Well Community Action Association Alberta Solicitor General Fairview Community Restorative Justice Regulations and Guidelines 2015 Page |5 6.3 Federal, Provincial, Municipal Governments Acts (Laws of the Land) or contracts and agency or organization contract/agreements obligations The program operates within the Laws of the Land and Municipal By-laws. Program and Funding Contract agreements requiring accountability. 6.4 Fairview and Area Well Community Action Association Ensures the program operates within the Laws of the Land, Municipal By-laws, Terms of Reference and/or Contract. Agreements along within the guidelines, policies, and procedures as provided in this document. Ensures required; post - funding program accountability reports, program funding proposals are submitted in a timely fashion. The Association directly employs its own staff to assist with the administration or operations of the program. The Association is ultimately accountable for the successes and a failing of the program therefore claims responsibility for approving all budgets, funding and program proposals. The Association believes strongly in a collaborative community approach therefore, is accessible to all individuals, agencies or organizations involved with or interested in the program and meets the program eligibility criteria. Recruitment, selection and training of Program Coordinator. Program development. Overseeing day-to-day program delivery through evaluation of: the program, contractors, staff and volunteers. Drafting direct program delivery: contracts, terms of reference, policy, budgets, funding and program proposals. 6.5 Program Coordinator Is directly accountable to the Fairview and Area Well Community Action Association executive committee, therefore shall follow all reporting as required. Is responsible for reporting to Fairview and Area Well Community Action Association: (Includes; correspondence, direct program contracts, copies of budgets and financial accounting). Maintaining office duties and supplies within the prescribed budget. Establish and maintain a list of accessible meeting places throughout area served. Establishing and maintain a resource list of qualifying community services Fairview Community Restorative Justice Regulations and Guidelines 2015 Page |6 agencies or organizations throughout the area served, to which community service hours can be allocated. Coordinate, manage, monitor and evaluate the Volunteer Facilitators. Maintain individual Facilitator files. Maintain client referral and outcome contracts. Ensure referring agency. get copies of signed completed client contracts. Follow up with referring agencies regarding failed forums or participants not meeting contract obligation. Responsible for shredding all Volunteer Facilitator notes and disposable documents held at the Restorative Justice Office. 6.6 Volunteer Facilitators Are directly accountable to the Program Coordinator therefore shall submit, in a timely fashion, all signed contract and notes to the Program Coordinator. Are responsible to maintain their Facilitator Certification by attending (when possible) refresher meetings or workshops. A facilitator is not allowed to miss three consecutive meetings. The volunteer role will be up for review and will be up to the discretion of the Fairview and Area Well Community Action Association with recommendation of the Program Coordinator to terminate or extend facilitation role. Submit case by case reports to the Program Coordinator. Will debrief with Program Coordinator following each case. Fairview Community Restorative Justice Regulations and Guidelines 2015 Page |7 7. Program Operations 7.1 CHART C: - Program Operational Structure: Fairview Community Restorative Justice Regulations and Guidelines 2015 Page |8 7.2 Fairview Community Restorative Justice Code of Ethics Conduct: Reference to draft this document - Susan Sharp -"Code of Ethics for MRJC Mediators and Case Developers" (MRJC internet resource) and Simon Fraser Institute - "VOM Training Manual". NOTE: The following codes apply to entire process of case facilitation from case development, forum conferencing and case follow-up. 1. Self-Determination: The Program Coordinator and case facilitators shall recognize the FCRJ program is based on the principle of self-determination. This principle requires that the mediation process rely upon the ability of the victim(s) and offender(s) to have voluntary, unpressured discussions and to reach a voluntary, unpressured agreement of repairing the harms done. The victim(s), offender(s) and facilitators have the right to withdraw from the FCRJ process at any time during the process. Comments: It is inappropriate for the Program Coordinator or case facilitators to offer, advice to any of the parties with respect to a particular perspective, course of action, or option. 2. Impartiality: The Program Coordinator and facilitators shall conduct their contacts (phone, text or email), case building meetings, and case conferences with one or more of the parties, (victims, offenders, support persons, witnesses, ECT), in an impartial manner. The coordinator and facilitators are committed to victim(s) and offender(s) in a case and shall not perform the role of advocate, adversary, or savoir nor judge any of the parties. The facilitators shall examine how their own value, biases, and prejudices might affect their ability to work effectively on a particular case. If impartiality or the perception of impartiality is not possible, the facilitator shall withdraw from the case. Comments: The coordinator and facilitators shall avoid conduct that gives the appearance of partiality toward one of the parties. The quality of the case development in all contacts, pre-case interviews and in the case conferences itself is enhanced when victim(s) and offender(s) have confidence in the impartiality of the Program Coordinator and facilitators. 3. Conflict of Interest: The roles and responsibilities of the Coordinator do not present any cause for conflict of interest however; facilitators shall disclose all actual or potential conflict of interest reasonable known to him/her and shall decline to work on the case. Should a conflict of interest arise during the process, the facilitator shall: suspend the process, and contact the coordinator to withdraw from the case. Comments: A conflict of interest is a dealing or relationship that might create the impression of possible bias. The bias approach to a conflict of interest is consistent with the concepts of client self-determination and facilitators' transparency. Moreover, the Program Coordinator and facilitators shall not advance any personal, professional, or business while acting in capacity of the Restorative Justice Program. 4. Role Conflicts: Under no circumstances or conditions will the coordinator or facilitators’ function as; attorney, therapist, counselor, or any other professional role or relationship, to any party during the restorative process. Fairview Community Restorative Justice Regulations and Guidelines 2015 Page |9 5. Confidentiality: The Program Coordinator and facilitators shall meet the parties' reasonable expectations to confidentiality. The parties' expectations of confidentiality are with the program and depend on those on who is in the room for case development, the conference form and any agreement they make. The coordinator nor facilitators shall not disclose any matter that a victim or offender expects to be confidential, unless given permission by that party, or unless required by law. Exceptions to the rules include disclosers of; child abuse or neglect, uttering threats to harm or kill another person, any occurrence of a criminal act during the process or the discloser of a criminal act committed prior and unrelated to the case before the Restorative Justice Program. Comments: It is generally acceptable that Case Facilitators are permitted to discuss the specifics of the case with the Program Coordinator. It also is recognized that, on occasion, there may be benefit to consulting an outside resource person; it is expected that the parties identities will not be shared in these discussions. 6. Competence: A person shall prepare or facilitate a case only when he/she has necessary qualifications to handle what is reasonably likely to arise in the case process. Training and experience is necessary for effective case development and facilitating conference forms. All facilitators of the restorative justice program are expected to commit themselves to the ongoing improvement of their skills not only through serving as facilitators, but also, through availing themselves to training opportunities on an on-going basis. Comment: Know and respect your limits, when contemplating taking on a case. 7. Integrity of the Process: The Program Coordinator and facilitators are responsible for establishing and maintaining at all times the integrity of the process he or she is managing. It is the expectation that the entire process is conducted within this "Codes of Ethics" and "Code of Confidentiality", and is consistent with principles and goals of the Restorative Justice Program. 8. Co-Facilitating: Co-facilitating cases is the practice of the FCRJ Program. Partially for skill development and partly for extended safety and accountability. One facilitator is appointed the lead and the second as more of an observer available to intervene should it be necessary. Co-Facilitators shall extent every possible courtesy to each other through the process. Should a disagreement arise as how to proceed, facilitators will to discuss their differing views in caucus and avoid direct criticism of each other in front of the parties. If the disagreement remains unresolved the process should be suspended to a later date. Disagreements or concerns will be reported to the Coordinator, if solution remains unacceptable the coordinator may, with acceptance by disputing facilitators, replace one or both facilitators, or convene the Fairview and Area Well Community Action Association’s Restorative Justice Committee at their earliest convenient to review the matter to arbitrate a solution. Comment: Each facilitator who is part of a co-facilitated case team has a responsibility to keep his or her co-facilitator informed of developments essential to a cooperative effort. Fairview Community Restorative Justice Regulations and Guidelines 2015 P a g e | 10 9. Respectful Inclusive Conduct: The Program Coordinator and facilitators have a duty to show courtesy and respect to all parties who are or may become involved in a case. The respect and courtesy shall extend to all persons, regardless of his or her ethnic background, economic status, and sexual orientation, level of education, mental capacity, age or appearance. When possible and with agreement of all parties the coordinator and facilitators will allow an opportunity for either the victim(s) or offender(s) to include any ceremonial traditions or cultural practices that either party may feel are important to be honored in the process. Comments: As a demonstration of courtesy and respect the coordinator and facilitators shall provide clients full and accurate information about the restorative justice program process, so each can decide for her/himself whether to continue to participate or possible. A process that incorporates inclusive options encourages engagement and reflects fairness. 10. Transparency: The coordinator and Facilitators shall be open, even-handed, and transparent in all dealing with current and potential participants, while at the same time respecting the necessity of confidentiality that exists in the restorative justice process. Comment: For example, once a case has moved to the forum stage, it is inappropriate to have outside conversation with one party without the prior knowledge and consent of all parties. 11. Do No Harm: Parties should not be worse off for having been involved in the restorative justice process. The Coordinator and facilitators working with victims and offenders to repair harms in a meaningful way need to be sufficiently sensitive to the priorities of the parties emotional and physical safety, mental fitness and general ability to participate meaningful process offered. Comment: As a Program Coordinator or facilitator we need to be aware of the tremendous privilege and hour that goes along with being asked to intervene in people's lives. We have a have a duty to make sure we work responsibly, intelligently, and sensitively in a way that does not bring further harm to any party. {Reference from Simon Fraser Institute Victim/ Offender Training Manual.} NOTE: A copy of this document is to be signed and dated by the Fairview Community Restorative Justice; Program Coordinator and each Volunteer Facilitator. Signed Copies will be kept on file by each in the FCRJ office. In addition an unsigned copy is included in the FCRJ Regulations and Guidelines Handbook given for quick reference to the Coordinator and each of the Facilitators. Fairview Community Restorative Justice Regulations and Guidelines 2015 P a g e | 11 7.3 Fairview Community Restorative Justice Oath of Confidentiality: Program Coordinator and Facilitators Oath of Confidentiality I,_______________________________, acknowledge and agree that any information obtained by me in the performance of my services is of a confidential nature and that during my service and thereafter, I agree to: a. b. c. Hold and keep in confidence all information and not discuss, communicate or transmit to others, or make any unauthorized copy or use of the information in any capacity, position or business unrelated to the Fairview Community Restorative Justice (FCRJ). Take all reasonable steps that the FCRJ deems necessary or appropriate to prevent unauthorized use or disclosure of confidential information. Abide by all practices and regulations of the FCRJ for the protection of the information. Upon completion of forum, I will promptly deliver to FCRJ, all documents, data, records, lists and other assets of the FCRJ pertaining to the services agreement and I shall not retain any documents, data or reproduction of such documents of data containing or pertaining to the file. In the course of forum should information arise that I feel a legal obligation to disclose, such as reports of child abuse or threats of violence, I will inform the victim and or the offender that the information will be disclosed. I will then inform the Program Coordinator and appropriate authorities immediately. Fairview Restorative Justice Facilitator Fairview Restorative Justice Program Coordinator Date Date A copy of this document will be signed and dated by the Program Coordinator and each Facilitator and retained in their files held at the Fairview Community Restorative Justice office. Fairview Community Restorative Justice Regulations and Guidelines 2015 P a g e | 12 7.4 Chart D: Program Internal Communication Structure: Communication is essential to the program success; all levels of those responsible Fairview Community Restorative Justice are encouraged to freely communicate concerns and stories to rest of the team. Communications directed outside the RCMP, referring agent, facilitators and the Program Coordinator should ensure that the identity of the clients remains confidential. 7.5 Program Communication Chart: Fairview and Area Well Community Action Association Fairview Community Restorative Justice Coordinator Fairview Community Restorative Justice Facilitator Referral Agency Fairview Community Restorative Justice Regulations and Guidelines 2015 P a g e | 13 7.6 Program Coordinator and Facilitators Discipline: The Fairview and Area Well Community Action Association has the responsibility of imposing disciplinary action, should the Program Coordinator or Facilitator violate one or more of the above codes. Disciplinary action will be dependent on the seriousness of the infraction and to whether it was willful or an unintentional error. Disciplinary action if any may include: Warning Further training Apologies Services declined 7.7 Referrals: Program Coordinator and Facilitator will determine safety and suitability of case. Prior to have submitting a case referral the officer in charge will have: Assessed the case as to its suitability for Restorative Justice Program including seriousness of crime, victim/offender attitude and conduct, and whether the case poses a safety issue for Facilitator’s safety. Explained the program to the Victim(s) and Offender(s), including the Victim Offender voluntary component with its opt-out clause. A standard form (Appendix C) signed by the Victim and Offender, voluntarily consenting to have their case handled through the Restorative Justice program. The initial referral will be submitted to the Program Coordinator. NOTE: The process of RCMP involvement will be the same, should the Crown or Court decide to refer a case. 7.8 Program Coordinator: Assess cases and determine safety and suitability. On receiving a referred case, will review the content and select two volunteer Facilitators to facilitate the case. The decision to choose Facilitators will be considerate of: Availability of Facilitators Personal preferences as to type of cases, of Facilitators. Potential personal bias. Fairview Community Restorative Justice Regulations and Guidelines 2015 P a g e | 14 Call the Victim and the Offender to inform as to: The file has been received. Reaffirm that they are still volunteering to utilized FCRJ. Who their Facilitators are. Check as to as whether they are accepting of the selected facilitators. Answer any questions concerning the process. (Transferring of information must be done in such a way to ensure the privacy and security of the Victims and Offenders.) Once Victim and Offender meeting(s) have been scheduled, Facilitators will: Inform the Program Coordinator of times and place. These details will be recorded and kept in the secured case file. At the earliest convenience, after the process has been completed Debrief with facilitators Retrieve the signed contract notes and anything else proclaiming to the case and secure in manner as per this document. Copy the signed contract and remit to the referring agency. Attend to responsibilities in contract, should there be a connection to FCRJ handlings (i.e. restitution, set up of community service hours with service provider). Conduct a follow up as to the contract condition being met in a timely fashion. Inform case facilitators of the outcomes of the contract. Shred information and file reports as per accountability structure. For a case that fails to reach a signed contract: Meet with the case facilitator to chart the course of action based on options suggested through training. 7.9 Facilitators Conduct all duties within the Code of Ethics. (Article 7.2) Receive and review case from Program Coordinator. Report to Program Coordinator any conflicts that are or may be or perceived to be present with the case. Upon acceptance of the case Connect with co- facilitator to plan individual roles and responsibilities. Set up meeting times and neutral place(s) which are convenient for all parties involved (facilitators, victim(s), offender(s), parent/guardian, and possible others support persone1 i.e. Social service agent, interpreter. (Note: Meeting in a private residence is not recommended only under exceptional circumstances should this occur and only if two facilitators can be present for entire meeting.) Set-up pre-interviews, (case preparation with victim and offender, parent/guardian of young offenders or victim(s) and victim offender forums for the same day. For all pre-interviews and Restorative Community Circle Process (RCC) utilize the skills and procedures gained through training. Fairview Community Restorative Justice Regulations and Guidelines 2015 P a g e | 15 Explain principles and procedure you plan to follow and ensure all participants are committed to the process. Obtain written permission (form available), from a parent or guardian for young offenders to participate in the program. Note: A parent or guardian must give permission for the young offender to participate regardless of their plan to sit in on the forum. Once the RCC process is complete and a signed contract is in place: Spend time as co- facilitators debriefing. (Discuss the forum - what worked well? - what you could have done differently?) Complete evaluation; return all documents, notes and the contract to the Program Coordinator as soon as possible. Verbally fill in the Program Facilitator as to how the process went. Follow-up will be overseen and completed by the Program Coordinator. (She/he will inform the involved Facilitators, of the contract outcomes.) In a case where either the victim or offender expresses the desire to opt out of the RCC process: Are obligated to accept their decision and end the process. If the party's reason to opt out is unclear you may inquire privately after dismissal or the other party as to the reasoning. Assure the participant the purpose of gathering such information is only for improving FCRJ. Should one or both facilitators feel there is little or no chance of a forum getting to a unpressured signed contract and the usual processes have been exhausted the forum should be halted. Explain to the parties the need to meet with the Program Coordinator and referral agency to discuss the best way to move forward and that the parties will be contacted in the near future. At the earliest convenience meet with the Program Coordinator to decide whether to proceed with the forum, restart the process with different facilitators, or to return the case to the referring agency. (Note: Failure to reach a signed contract is not a sign of failure but allowing anyone to be re-victimized or victimized is.) When the process is complete: Prepare a brief report about the process without names of victim(s), offender(s)or other involved persons or any other personal data which may reveal the identity of the clients. Include such things as; ease of the case, attitudes, what worked well and what didn't work. Submit the report to the Program Coordinator for which the information given may be used for: Future training purposes. Evaluation, further program development and relating accountability of the program by all levels of governance. Fairview Community Restorative Justice Regulations and Guidelines 2015 P a g e | 16 7.10 Facilitators Personal Safety NOTE: The RCMP and The Court have stated that prior to referring a case to FCRJ they will have assessed, to the best of their ability, the safety issues posed by the referral to facilitators. They will not refer a case if they believe it may present a safety issue. • Personal safety tips: Use first names only when calling to set up case development and victim offender forums. When possible and convenient, make calls from a public phone or the FCRJ office *67 your call if making from your private phone (dial *67 wait for the dial tone and dial the victim or offender number) this prevents your name and number from showing up on call display phones. Not jeopardizing the case A standard answer for any questions not directly related to the process posed by a victim or offender outside the case development meeting or forum, "I am sorry I am not at liberty, to discuss that" 7.11 Fairview and Area Community Action Association • Is limited in its program operations responsibilities to: • Monitoring and evaluating through reports from the Program Coordinator. Developing the program regulations and guidelines. Providing the means for further training. Interceding and imposing internal discipline action. Periodic review of the programs progress reports Securing, maintaining and endorsing program funds 8. Reference Materials 8.1 Definitions Regulations - law must be adhered to Guidelines - articles which are meant to guide users in following procedures FCRJ - Acronym for Fairview Community Restorative Justice FAWCAA – Acronym for Fairview and Area Community Action Association RCC - Acronym for Restorative Community Circle Fairview Community - inclusive of the area served by the Fairview R.C.M.P Detachment - County of Clear Hills # 21, MD #136, Village of Hines Creek and Town of Fairview. 8.2 Forms, Personal Contract Copies, Resource Lists (included in Program Coordinator and Facilitators Packages) Fairview Community Restorative Justice Regulations and Guidelines 2015 P a g e | 17 8.2.1 Blank Forms: RCMP. Alternative justice referral form (Blank) includes parental/guardian permission for young offenders’ participation). FCRJ parental/guardian permission for young offenders’ participation. Victim offender contract. 8.2.2 Personal Contracts: Signed Program Coordinator or Facilitators Oath Signed Program Coordinators or Facilitators Code of Ethics Signed Oath of Confidentiality 8.2.3 Resource Contact Lists: FCRJ Facilitator check list. FCRJ team. Emergency services Supervised hours- community services agencies and organizations. Available short-term counseling services. Possible short-term programs. Case preparation and forum facilities. 8.2.4 Other Reference Material: (Either included in Program Coordinator and Facilitators packages or available for borrowing Fairview and Area Resource Centre - FCRC office). “Inviting Dialogue”, training manual Susan Sharpe's “Book Restorative Justice”. Facilitator’s short-list question checks John Howard Society of Alberta’s “Victim-Offender “. Reconciliation Programs - info pages. MRJC Info pages. *Young Offenders Act. **Young Offender Restorative Justice Program’s videos and literature. *Coming Soon - other Resource books and videos NOTE: FCRJ team members will be informed, as other resources become available. Fairview Community Restorative Justice Regulations and Guidelines 2015