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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