From Retribution to Restoration:

Emotionally Intelligent Approaches to the Law

Abstract

The retributive focus of the colonial legal system results in much trauma, particularly with respect to criminal justice. The enlightenment that comes with becoming trauma-informed can assist lawyers, decision makers and others involved in addressing conflict to overcome deep-rooted systemic hurdles. Viewing conflict through a relational lens which embraces principles of restorative justice supports relinquishing control over the achievement of “justice” and instead focusing on restoration. This paper considers the relevancy, advantages and challenges of shifting Canada’s criminal justice system toward emotionally intelligent approaches.

[ full article in PDF ] published November 12, 2021

CanLII link: https://www.canlii.org/en/commentary/doc/2021CanLIIDocs13029

Permanent link: https://perma.cc/MY9E-YAAX

 

by Vanessa Slater, Q.Med, LL.M. (C)

 


from Volume 2