The 1990s has seen a great deal of interest in what federally has been referred to as restorative justice programmes. As contrasted to the current legal system, restorative justice — as the name suggests — seeks to restore rather than punish.

What is being restored? The answer to this question depends on the nature of the project. Some projects attempt to restore the harmony within the community where the offence took place. Such initiatives often involve meetings between the offender and he victim, and perhaps other parties such as the family and community members.

Other projects attempt to restore the individual offender back into a better way of life by looking at the root causes of the offending behaviour and developing responses that address those causes.

Restorative justice approaches are not new. They are the way justice was done around the world for centuries. In Canada, Aboriginal approaches to justice have always been based on restorative notions. Much of the current resurgence in this area has come through initiatives developed by Aboriginal people. Many of these initiatives are now being adopted for use in the non- Aboriginal community.

Canada is a leader in restorative justice approaches. This might be due in part to the fact that Canada jails more people per capita than any other country in the Western world, next of course to our neighbours to the south. This over- reliance on incarceration as a response to criminal activity has helped spark a search for other options.

Support for alternative justice programs comes from a surprising array of sources. Justice Ministers, Solicitor Generals, and senior correctional officials are all on record as stating that other ways of dealing with criminal offences must be found and that locking more people up is simply not the answer.

There are a number of controversies around the development and implementation of restorative justice programmes. While justice personnel see the need for such programmes, they generally feel that they are only appropriate for “minor” offences such as shoplifting, mischief, and joyriding. Indeed, some of the support for alternatives is simply because they remove matters for the court system and allow Crown Attorney to concentrate their resources on more “serious” offences. Many restorative justice supporters contend that these programs can also deal with many serious offences — and deal with them more effectively than the current legal system.

Many women’s organizations are skeptical of restorative justice initiatives. Some of these programmes, while theoretically designed to restore harmony to the community, do so by reaffirming patriarchal values. The way in which some programmes that purport to apply restorative justice principles to issues such as wife assault and sexual assault has led to further re- victimization of women.

Ideally, restorative justice programmes respond to specific needs in a community. They also must be based on the resources, both volunteer and professional, available in that community. There is no one-size fits-all restorative justice approach. Successful programmes are those that have taken the time to develop broad-based community support.

There is no question that there is a need for programmes that address the real consequences of criminal behaviour from a more holistic point of view. The challenge now is to see whether restorative justice programmes can move beyond being a transitory fad and establish a real presence in the Canadian legal landscape.

The following is a synopsis of information regarding some of the issues faced by women who have sentences of more than two years. All of the information except the topic of cross-gender staffing has been taken from the 1998 annual report of the Canadian Association of Elizabeth Fry Societies. These issues have been addressed by CAEFS and are continuing to be monitored by CAEFS and other Elizabeth Fry Societies across Canada.

Prison for Women (P4W)
When Correctional Service Canada decided to abandon its decision to move women classified as maximum security to the Kingston Penitentiary for Men, they also determined that P4W would remain open for another 2-5 years. CSC subsequently established a "treatment unit" in the Special Needs Unit of the Prison for Women and women with special health needs are being encouraged to move back to P4W from the regional prisons for treatment purposes. As a result, too many women with mental health issues are spending a lot of time isolated in the Special Needs Unit or in segregation. Despite the opening of the regional prisons specifically established to house all federally sentenced women, approximately 27 still inhabit the Prison for Women.

Status of the Recommendations of the Arbour Report of the P4W inquiry
Regrettably, two years after the release of Madam Justice Arbour's recommendations for federally sentenced women, and despite the continuing operation of the new federal regional prisons, Correctional Service Canada (CSC) is still reluctant to relinquish the models of prisons designed to deal predominantly with the men in their prisons. CAEFS continues to play a key role in the forewarning, monitoring and exposing of procedural and policy problems that have been highlighted at the Prison for Women and the regional prisons. However, CAEFS remains apprehensive about the ability and willingness of the Correctional Service of Canada to institute the necessary reforms to further address the needs and challenges of federally sentenced women.

Classification and Placement of women classified as maximum security
Correction Service of Canada has made a number of proposals concerning women classified as maximum security. These options have included the construction of new maximum security prisons, the incarceration of women in isolated units in men's prisons, and the construction of new maximum security units at the regional women's prisons. CAEFS believes that no useful purpose is served by ascribing different security levels to the federally sentenced women population. CAEFS remains firmly of the view that all federally sentenced women should be confined in the new women's prisons or at the Okimaw Ohei Healing Lodge, and that new maximum security units not be constructed in those prisons.

LSD experiments on Federally Sentenced Women
In the 1960's, 22 imprisoned women were used in LSD experiments at the Prison for Women. To date only one woman has been willing to be identified. As the investigators pointed out, it seems abundantly evident that the administration of LSD to the women while they were incarcerated did indeed result in "substantial, debilitating, long-term negative effects." CAEFS has urged the Commissioner of Corrections to immediately offer a compensatory settlement to the woman who has come forward. Some women have expressed a desire to remain anonymous as their families are not aware that they were ever incarcerated - some are now grandmothers, some are dead. To encourage more women to come forward CAEFS has urged the Commissioner of Corrections to provide assurances of anonymity.

Self Defence Review
In 1995, Judge Ratushny was appointed by the Solicitor General to undertake a review of the cases of women currently serving federal sentences of up to life imprisonment for having defended themselves and/or their children against abusive partners. She suggested relief for seven women. After receiving Judge Ratushny's recommendations, the government sought the input of provincial prosecuting authorities. Her recommendations were subsequently modified. Judge Ratushny conducted a very thorough and rigorous legal analysis and review of each woman's case. Accordingly, CAEFS is extremely disappointed that the Ministers did not follow her recommendations for relief for all but one of the seven women. The only recommendation that was accepted was the one which referred a women's case back to the bureaucracy to invoke a referral of her case to the Manitoba Court of Appeal. Despite these setbacks, the Self-Defence Review was a significant initiative which exemplifies the importance of the government being able to examine the operation of the criminal justice system.

Cross gender staffing
The issue of male staff in female institutions was raised in the highly publicized events in the Prison for Women involving an all male emergency response team and the subsequent report by the Arbour Commission of Inquiry in April 1996. A number of concerned parties, including the Elizabeth Fry Society of Toronto disagree with the current policy of allowing male correctional staff to supervise female inmates, particularly in their private living quarters. The Elizabeth Fry Society does not see male guards as incompetent or uncaring individuals, but rather is concerned with the many "triggers" that women who have been abused by men experience regularly in their interactions with male prison staff. When faced with situations that make women even more vulnerable such as undressing or using the toilet these feelings can be even more acute.

Correctional Service Canada has adopted a different viewpoint, one which centres on the ability of sound policies, gender sensitivity training, legal decisions that preclude a "female-only" approach to staffing in women's prisons, and positive male role models. Over the next few years significant information will be collected through the Cross Gender Monitoring Project to further contribute to the debate and to recommend a definitive approach to cross gender staffing in federally sentenced women's facilities across Canada.

The Thelma and Louize banner, created specifically for the 1998 Harm Reduction Fair by the women who have been part of the group for the last three years, now has a permanent home in the group room at the Elizabeth Fry Society. The Thelma and Louize group, one of the agency's most successful Drug and Alcohol groups was started in 1995 by the agency's former Drug and Alcohol group worker, Mary Lemke, with a focus on reducing the harm of drugs and alcohol.

E. Fry Toronto has finally joined the rest of the world by signing onto the Internet in February. With five e-mail sites and 24 hour access we will be well positioned for the year 2000 and beyond! Thanks to a generous bequest last year, the agency has been able to replace its antiquated computers and software. The staff have been busy learning how to use a networked computer system as well as Windows 95, Microsoft Office, e-mail, and the Internet. And later this year watch for our new Website containing information about the agency and other published information about women in conflict with the law. Phew!! Our general office email address is efrytoronto@idirect.com. For the e-mail addresses for individual departments please call 924-3708 ext. 230.

We want them to have self worth... so we destroy their self worth. We want them to be responsible... so we take away all responsibility. We want them to be part of our community... so we isolate them from our community. We want them to be positive and constructive... so we degrade them and make them useless. We want them to be non-violent... so we put them where there is violence all around them. We want them to be kind and loving people... so we subject them to hatred and cruelty. We want them to quit being the tough guy... so we put them where a tough guy is respected. We want them to quite exploiting us... so we put them where they exploit each other. We want them to take control of their own lives, own their own problems... so we make them totally dependent on us.

By Judge Dennis Challen, quoted in the New Zealand journal Stimulus, the Catholic Prison Ministry journal Tikkun, and the Wacol Prisoners' journal Keys.

This year three of our volunteers will receive awards in recognition of their contribution to the Elizabeth Fry Society and the community that we live in. On April 19, Jackie Barber, who has been a court volunteer since 1990, received the Volunteer Service Award for member agencies of the Volunteer Centre of Toronto, presented by the Lieutenant Governor. In June, the 1999 Ontario Volunteer Service Award will be presented to Lesley Crisp for 20 years of service and to Virginia Mair for over five years of service. Lesley Crisp has had many volunteer roles - as Board member, President, Committee member, and currently as a member of the Social Recreation programme at the Toronto West Detention Centre.

Looking ahead to Christmas 1999 - as it's never too late for Christmas shopping!! Some of us thought it would be nice to be able to give the women who are incarcerated unused Christmas cards that they could send to their families this year. We are accepting donations of unused cards should you have any left over from last year. Also, if anyone has contacts who could provide donations of products at cost such as body cream, lip balm, or shampoo, please give me a call. I hope to start making the calls in July this year before companies have given out their allotment of charitable donations for 1999. If any of our volunteers are interested in being a part of a planning committee for the 1999 institution parties please give Cheryl a call at 924-3708 ext. 244.

Virginia Mair
Virginia has been a volunteer in the Court Worker Program since 1992 when she began volunteering with the Elizabeth Fry Society of Toronto. Virginia has provided support to women in the court system, facilitated referrals to community agencies and provided information to women about the criminal justice system.

Virginia has shown a keen interest in helping women to deal with the root causes that have brought them into the criminal justice system, and sought out information that would assist them with housing, addictions, anger management, etc. Our confidence in Virginia's work and abilities has repeatedly been confirmed by clients, other workers, and previous supervisors.

In addition to her weekly commitment at the court, Virginia has participated in our Christmas parties at the West Detention Centre and the Vanier Centre for Women, as well as other community relations and fundraising events. She also recently participated as a guest speaker at the College Park court where information sessions were organized to help people learn more about the organizations that provide assistance at the court.

As a result of her work with Elizabeth Fry, Virginia has pursued the social work profession. She recently graduated with a Bachelor of Social Work degree and secured employment with the Vanier Centre for Women. While saddened to see Virginia leave the Court Programme, we feel very fortunate for the six years she gave us, and that she will now use her experience with the Elizabeth Fry Society to benefit other women in the criminal justice system.

The Elizabeth Fry Society of Toronto would like to thank Virginia for the many skills and strengths that she has brought to us - her compassion, dedication and enthusiasm have helped make the court programme a success.

Agnes Fitzgerald
Agnes Fitzgerald our dedicated office volunteer has been spending every Tuesday morning with us for the past 12 years. There is always something for her to do whether its answering the phone, greeting clients, or doing any other job that comes her way. We hope she stays with us for another 12 years!

toys and other items for children to play with while they are visiting their mothers at the Vanier Centre for Women. The toys would be kept in the visiting area and might help to make the visits more pleasant for the children and their parents. Needed items include: colouring and activity books, crayons or markers, children's books (toddlers, preschoolers, kindergarten and school-age), lego or building toys, train set, board games. We appreciate all donations but please remember that these toys will be used frequently so we recommend durable items. Should you have any questions about appropriate toys please contact Linda Brotman at 924-3708 ext. 242.

The Elizabeth Fry Society of Toronto is presently running a diversion programme at the College Park courts. The pilot programme, which started in October 1998, is being undertaken in co-operation with the John Howard Society and St. Leonard's.

To divert, the Oxford Dictionary tells us, means to turn aside from its direction or course, to turn from one destination to another. Diversion in the justice system means that the person charged is given the opportunity to turn from one destination, that is, proceeding to trial, and to participate in an alternate process instead.

The procedure is relatively straightforward. The Crown screens cases for ones they deem appropriate for diversion. To quality for diversion, the crime must be of a non-violent nature, namely theft under-, fraud under-, possession under- , and mischief under-. While the legal definition of these charges refers to a value of under $5,000, in assessing cases for diversion, the maximum value of these charges is about $300. Persons who receive diversion are first time offenders. Diversion is a one-time only offer, and repeat offenders will be excluded from participating in the program. These are the basic criteria governing eligibility for diversion, although, ultimately, the decision rests in the hands of the Crown screening a given case.

After the Crown has made a decision to divert someone, a diversion counsellor becomes involved. As the diversion counsellor for Elizabeth Fry, I work with all the women who are offered diversion. The men are assisted by the John Howard Society and St. Leonard's.

Over ninety percent of the women who qualify for diversion at College Park are there for shoplifting charges. College Park courts often deal with people from the economically depressed and marginalized communities of Toronto. The individuals appearing before these courts face challenges and have needs that might differ from those of individuals appearing in other courts, in particular the more suburban ones.

So what does diversion offer? And what are people required to do to satisfy the conditions of diversion? Diversion gives people the chance to make amends for what they have done by accepting responsibility for their actions. Upon successful completion of diversion they will not have a criminal record. This is significant when considering the impact that a criminal record has on employment possibilities and immigration standing, among other things.

The conditions of each diversion are set by the diversion counsellor after an assessment with each woman. They usually consist of completing community service hours/and or making a charitable donation. In addition, letters of apology, essays, attending shoplifting videos and referrals to counselling are all used in various circumstances. The assessment time is also used to help direct women to specific services in the community when necessary.

The programme has come together over the last few months and is running well. Some concerns have been raised about the low number of people qualifying for diversion. This seems to be a logistical consequence of the catchment area for College Park, where many of the people attending court have previous criminal records.

The diversion programme is being run on a part-time basis and does not receive direct funding. As a result, there is a service fee being administered on a sliding scale that helps to off-set the cost of staffing the programme.

The Elizabeth Fry Society is pleased to add the diversion programme to the agency's many counselling and support services. It is our hope that this programme will provide another meaningful form of intervention that will help women move on with their lives and remain out of the criminal justice system.

We're pleased to present our 7th annual Rebels for a Cause and silent auction fundraising celebration on Thursday, May 6, 1999 at 7 p.m. at the Metro Central YMCA Auditorium on Grosvenor Street.

What is a Rebel? A Rebel is a Canadian woman who has displayed unique achievements as well as contributed originality and spirit to the fabric of Canadian society. In the past six years our awesome array of honoured Rebels have included Pamela Wallin, Alexa McDonough, Susan Aglukark, Michele Landsberg, Sandra Shamas Barbara Hall, Sonja Smits, Kay McPherson, Dr. Ursula Franklin, Roberta Jamieson, Maureen Forrester, Jean Lumb, Jeanette Corbiere-Lavelle, and many more.

Please join us for a spirited evening of storytelling in support of the Elizabeth Fry Society of Toronto. Information reception, cash bar, and silent auction at __ p.m. Story telling at 8 p.m. followed by sweets, coffee and tea. Door prizes too! Tickets $____.

Order your tickets now by calling 924-3708 ext. 234. The perfect gift for Mother's Day! Bring Mom along! Rebels for a Cause '99 is generously supported by The Angel Group Hair Studio.

The Angel Group Hair Salon, a sponsor of our 1999 Rebels for a Cause celebration will once again play 'angel' to the Elizabeth Fry Society of Toronto by hosting a benefit Cutathon on Sunday, June 6, 1999. The Angel Group is offering exclusive cuts and styling to new clients at a special Cutathon rate of $35 (regularly $55-$65 each) and donating all proceeds to The Elizabeth Fry Society of Toronto.

Many of our supporters took advantage of this exciting opportunity at the Angel Group's first benefit Cutathon in October, 1998. Some are still raving about the great styles and cuts, as well as the pampering and care that they received by our angels at The Angel.

Call The Angel Group at (416) 920-5125 to book your appointment with one of their creative and experienced stylists and, at the same time, help support our agency's crucial work. Don't delay as many were turned away last autumn. The Angel Group is located in the heart of Yorkville at 102 Yorkville Avenue, upstairs on the 2nd floor.

Again, the Society expresses its appreciation to the talented and committed staff of The Angel Group for their time, thoughtfulness, and generosity.