Chapter

Rights-Based Restorative Justice in Canada: From Silence to Citizenship

Shannon A. Moore and Richard C. Mitchell

in Law and Childhood Studies

Published in print March 2012 | ISBN: 9780199652501
Published online May 2012 | e-ISBN: 9780191739217 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199652501.003.0014

Series: Current Legal Issues

Rights-Based Restorative Justice in Canada: From Silence to Citizenship

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This chapter presents selected preliminary findings from an exploratory, qualitative study that began in 2008 utilizing grounded theory, analytical and methodological procedures to investigate Canada's compliance with alternative standards for juvenile justice found within numerous United Nations frameworks. This chapter's authors' research aim was twofold: first, to uncover barriers to compliance and secondly, to identify mechanisms to address these impediments. The analytical focus of the study relied on the concept of ‘rights-based restorative justice’, one that integrates the core principles of the UN Convention on the Rights of the Child and those found within the Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters. Data were organized by contextualizing current statutory and local practices of rights-based restorative justice programming across the country within international legal frameworks, by constant comparison of data to data and data to literature, and by presenting thematic findings elicited from eight key informant interviews through salient quotes.

Keywords: Canadian law; juvenile justice; rights-based restorative justice; legal frameworks

Chapter.  8919 words. 

Subjects: Family Law

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