The Restorative Justice Act

The Restorative Justice Act, C.C.S.M. c. R119.6 (Assented to June 12, 2014) bilingual version (HTML) Table of Contents Section 1 Definitions 2 Meaning of restorative justice 3 Purpose 4 Authorized alternate measure programs 5 Policies re use of restorative justice programs 6-7 Repealed 8 Victims' Bill of Rights amended 9 C.C.S.M. reference 10 Coming into force WHEREAS the Criminal Code (Canada) and the Youth Criminal Justice Act (Canada) authorize the use of alternative measures or extrajudicial sanctions in specified circumstances to deal with persons who have accepted responsibility for their conduct; AND WHEREAS there are circumstances when the interests of justice are served by having an offender and the victim of the unlawful conduct or other community representatives find a resolution that promotes public safety by providing healing, reparation and re-integration into the community outside the traditional criminal prosecution process; AND WHEREAS unlawful conduct by some offenders arises out of mental health conditions, addictions or other behavioural issues and there are instances when it is more appropriate to address these issues rather than deal with these offenders through the traditional criminal prosecution process; AND WHEREAS it is in the public interest to develop and promote alternatives to the traditional criminal prosecution process in appropriate cases; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 The following definitions apply in this Act. "department" means the department of government over which the minister presides. (« ministère ») "minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre ») S.M. 2018, c. 8, s. 26 . Meaning of restorative justice 2(1) For the purpose of this Act, restorative justice is an approach to addressing unlawful conduct outside the traditional criminal prosecution process that involves one or both of the following: (a) providing an opportunity for the offender and the victim of the unlawful conduct or other community representatives to seek a resolution that repairs the harm caused by the unlawful conduct and allows the offender to make amends to the victim or the wider community; (b) requiring the offender to obtain treatment or counselling to address underlying mental health conditions, addictions or other behavioural issues. Timing 2(2) Restorative justice programs may be utilized before or after a person is charged with an offence. Restorative justice program outcomes 2(3) When an offender participates in a restorative justice program, he or she may be required to take steps to repair the harm caused by his or her unlawful conduct or to prevent future unlawful conduct, such as (a) apologizing to the victim or other affected members of the community; (b) participating in mediation or reconciliation; (c) paying restitution; (d) engaging in community service work; or (e) participating in counselling, education or treatment programs. Purpose 3 The purpose of this Act is to support the development and use of restorative justice programs in Manitoba. Authorized alternative programs 4 The department may — on its own or in collaboration with other government departments or community organizations — develop restorative justice programs that can be authorized for use under (a) section 717 of the Criminal Code (Canada); or (b) section 10 of the Youth Criminal Justice Act (Canada). Policies re use of restorative justice programs 5(1) The department must develop policies respecting the use of restorative justice programs. Requests for restorative justice programs 5(2) The policies must address the circumstances under and process by which a victim or offender may request that a matter be dealt with using a restorative justice program. 6 and 7 [Repealed] S.M. 2018, c. 8, s. 26 . 8 NOTE: This section contained consequential amendments to The Victims' Bill of Rights which are now included in that Act. C.C.S.M. reference 9 This Act may be referred to as chapter R119.6 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 10 This Act comes into force on a day to be fixed by proclamation. NOTE: S.M. 2014, c. 26 came into force by proclamation on November 16, 2015.