Community Environmental Justice ForumsUsing Restorative Justice to address Environmental Violations

BC Ministry of EnvironmentOctober 2013

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Welcome!

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Are we serving the public interest?

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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

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Community Environmental Justice Forums

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Non-CompliantRegulated

Parties

Enforcement

AffectedCommuniti

es

CEJFs: A Partnership

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Public Policy Questions

•Which files are suitable?

•Do the companies simply want to avoid a prosecution?

•Who speaks to environmental and community issues?

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Why use Community

Environmental Justice Forums?

Benefits

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 ResourcesMercury 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.

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Time and Resources

Sour Gas Leak

• Post-charge

• 7 weeks from initial meeting with company to forum

• $250, 000 retribution

• Compliance with agreement within 4 days

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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

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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.”

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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