Restitution: Helping victims or offenders?

Abstract

Restitution consists of an amount paid by the offender to the victim in order to make redress for the harm suffered, which helps lighten the financial burden of crime that is imposed on victims. According to the United Nations’ Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, governments are encouraged to review their practices, regulations and laws to consider restitution as an available sentencing option in criminal cases in addition to other criminal sanctions (Article 9). The aim of the UN Declaration is to “assist governments and the international community in their efforts to secure justice and assistance for victims of crime” (Article 3). However, based on an analysis of legal practice and research regarding restitution for victims, it is argued that current policy and practice in Canada stops short of helping victims and, as such, fails to respect the spirit of the UN Declaration. Reparative justice is presented as a victim-centred approach, which takes a broader view of reparations and focuses on the needs of victims of crime.