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Community Environmental Justice Forums Using Restorative Justice to address Environmental Violations. BC Ministry of Environment October 2013. Welcome!. Are we serving the public interest?. Restorative Justice
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Community Environmental Justice ForumsUsing Restorative Justice to address Environmental Violations BC Ministry of Environment October 2013
Restorative Justice • A formally recognized dispute resolution process designed to address offending behaviour and conflict • Repairing harm and • changing behaviour • Problem solving – not punitive • A process involving an offender, victims and community • Creating an opportunity for learning and building relationships
Time and Resources Pollution file: • ˂ $1000 • ˂ 3 months from infraction to conclusion • $24,500 in restitution • Apology to local paper, signage, staff meetings, newspaper interview and release of retribution sanctions.
Time and Resources Mercury and Leachate Spills • 318 hours facilitators • 45 days total • 33 days from initial TECK meeting to forum’s conclusion • $325, 000 retribution • Retribution leveraged more funding to estimated $600,000 for environmental improvement.
Time and Resources Sour Gas Leak • Post-charge • 7 weeks from initial meeting with company to forum • $250, 000 retribution • Compliancewith agreement within 4 days
Benefits for Government and Citizens • More timely and cost effective • resolution of cases • Reduces burden on courts • Positive behaviour change • (high compliance, low recidivism) • High staff morale • Positive environmental outcomes
Benefits for Communities • Empowered to solve problems and • administer justice • Offers answers and insights • Restitution that benefits the • community directly • Building relationships with industry
Mayor of Trail- Dieter Bogs • “Community involvement in what I consider a community issue is a huge step forward in resolving these incidents.” • “ Having the company explaining to the community why this happened had a huge emotional impact on the individuals involved. • “The process creates a high level of awareness and enhanced accountability” • “Having the penalty monies staying in the community that was affected by the incident ensures the best possible outcome for what was a unfortunate event.”
Benefits for Companies • Good public relations: • helps restore social licence • Avoids a costly adversarial court • process and potential conviction • Building positive relationships • with community and enforcement