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Schulich School of Law, Dalhousie University

Restorative Justice

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Full-Text Articles in Law

Responding Restoratively To Student Misconduct And Professional Regulation – The Case Of Dalhousie Dentistry, Jennifer Llewellyn Jan 2019

Responding Restoratively To Student Misconduct And Professional Regulation – The Case Of Dalhousie Dentistry, Jennifer Llewellyn

Articles, Book Chapters, & Popular Press

The 2015 restorative justice process at Dalhousie University’s Faculty of Dentistry is a case study that reveals the connection at conceptual and practical levels between restorative justice and responsive regulation as common expressions of relational theory and practice. Their relationship is clearest when, as in this case, issues are understood in their full contexts and circumstances require a widening of the circle of issues and parties. At this scale the complexity of the situation and the need for responsive interventions capable of supporting and sustaining a just relationship is revealed.


Deepening The Relational Ecology Of Restorative Justice, Jennifer Llewellyn, Brenda Morrison Jan 2018

Deepening The Relational Ecology Of Restorative Justice, Jennifer Llewellyn, Brenda Morrison

Articles, Book Chapters, & Popular Press

It is our pleasure to introduce and frame this Special Issue of The International Journal of Restorative Justice. This Special Issue seeks to advance and expand thinking, research and practice of a restorative approach at the level of institutions and social systems, from families to workplaces. The articles and notes from the field included here were developed out of the 2016 International Conference in Halifax, Nova Scotia, that shared the title and focus of this issue. The conference was held to fulfil a commitment made by the parties involved in a restorative justice process at the Faculty of Dentistry, Dalhousie …


Report From The Restorative Justice Process At The Dalhousie University Faculty Of Dentistry, Jennifer Llewellyn, Jacob Mcissac, Melissa Mackay Jan 2015

Report From The Restorative Justice Process At The Dalhousie University Faculty Of Dentistry, Jennifer Llewellyn, Jacob Mcissac, Melissa Mackay

Reports & Public Policy Documents

In December 2014, female students in Dalhousie University’s Faculty of Dentistry filed complaints under the University’s Sexual Harassment Policy after they became aware some of their male colleagues had posted offensive material about them in a private Facebook group. The select materials revealed from the Facebook group reflected misogynistic, sexist and homophobic attitudes. At the complainants’ request, the University began a restorative justice process to investigate the matter, address the harms it caused and examine the climate and culture within the Faculty that may have influenced the offensive nature of the Facebook group’s content. Twenty-nine students from the class of …


Law As An Ally Or Enemy In The War On Cyberbullying: Exploring The Contested Terrain Of Privacy And Other Legal Concepts In The Age Of Technology And Social Media, A. Wayne Mackay Jan 2015

Law As An Ally Or Enemy In The War On Cyberbullying: Exploring The Contested Terrain Of Privacy And Other Legal Concepts In The Age Of Technology And Social Media, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

This article focuses on the role and limits of law as a response to cyberbullying. The problem of cyberbullying engages many of our most fundamental legal concepts and provides an interesting case study. Even when there is general agreement that the problem merits a legal response, there are significant debates about what that response should be. Which level and what branch of government can and should best respond? What is the most appropriate legal process for pursuing cyberbullies—traditional legal avenues or more creative restorative approaches? How should the rights and responsibilities of perpetrators, victims and even bystanders be balanced? Among …


Restorative Justice, Euthanasia, And Assisted Suicide: A New Arena For Restorative Justice And A New Path For End Of Life Law And Policy In Canada, Jennifer Llewellyn, Jocelyn Downie Jan 2011

Restorative Justice, Euthanasia, And Assisted Suicide: A New Arena For Restorative Justice And A New Path For End Of Life Law And Policy In Canada, Jennifer Llewellyn, Jocelyn Downie

Articles, Book Chapters, & Popular Press

This article examines the current Canadian legal approach to euthanasia and assisted suicide, highlights some of the problems with it, and offers a novel alternative to the current traditionally criminalized prohibitive regime. The authors first describe a restorative justice approach and explain the differences between such an approach and the traditional approach currently in use. They then explain how a restorative justice approach could be implemented in the arena of assisted death, acknowledging the potential challenges in implementation. The authors conclude that taking a restorative justice approach to euthanasia and assisted suicide could enable movement in the seemingly intractable public …


Bridging The Gap Between Truth And Reconciliation: Restorative Justice And The Indian Residential School Truth And Reconciliation Commission, Jennifer Llewellyn Jan 2008

Bridging The Gap Between Truth And Reconciliation: Restorative Justice And The Indian Residential School Truth And Reconciliation Commission, Jennifer Llewellyn

Articles, Book Chapters, & Popular Press

As suggested by the title Bridging the Gap between Truth and Reconciliation: Restorative Justice and the Indian Residential Schools Truth and Reconciliation Commission, this essay examines the potential gap between truth and reconciliation and suggests that the principles underlying restorative justice provide the necessary bridge. With respect to the goal of reconciling relationships, the author makes it clear that she is speaking of social relationships, not personal relationships. Restorative justice “is not about getting parties to hug and make up; rather, it strives to create the conditions of social relationships in which all parties might achieve meaningful, just, and peaceful …


Restorative Justice: A Conceptual Framework, Jennifer Llewellyn, Robert L. Howse Jan 1999

Restorative Justice: A Conceptual Framework, Jennifer Llewellyn, Robert L. Howse

Reports & Public Policy Documents

Restorative justice has become a fashionable term both in Canadian and foreign legal and social policy discourse. Restorative justice is certainly not a new idea. In fact, it is foundational to our very ideas about law and conflict resolution. There is, nevertheless, a lack of clarity about the meaning of this term. Often it is used as a catchall phrase to refer to any practice which does not look like the mainstream practice of the administration of justice, particularly in the area of criminal justice. Little attention has been spent attempting to articulate what distinguishes a practice as restorative. Rather, …