Community response to crime and conflict.

Our communities are increasingly concerned about crime and want criminals to be held more accountable for their actions. Our communities are also concerned about the increasing public cost of maintaining the criminal justice system. We want criminals to learn something constructive through their experience with the judicial system and victims to get restitution for what was lost, or at least an acknowledgment of what was suffered.

The Edmonton Victim Offender Mediation Project (EVOMP) attempts to address these concerns directly. EVOMP provides the forum for the victim to speak directly to the offender, to relate the impact of the crime, and to get answers to questions such as "why did you do this to me?"

EVOMP is the first initiative of its kind in Alberta, but it mirrors similar programs across Canada, and in New Zealand, Australia, Europe, the United States and Japan. The Project's underlying philosophy is called "restorative justice" - restoring the victim to the wholeness which existed before the crime was committed as well as restoring the offender to a more wholesome place within the community after he/she has fulfilled certain obligations to the victim and the community. This philosophy is rooted in theology and in First Nations and Aboriginal cultures in North America and the Pacific.

EVOMP began operation in February 1995 a joint initiative of the Mennonite Central Committee, the John Howard Society and the Elizabeth Fry Society. Funding to start the Project was provided by the Muttart Foundation. For the Project's second year of operation, additional funds were provided by Alberta Justice and the Alberta Law Foundation. The Project is managed by two paid co-ordinators who are highly trained and skilled mediators. Mediations are done by a team of twenty eight volunteer mediators representing diverse backgrounds in the community. Mediators are all required to meet a required level of training and skill before they are assigned to cases.

Victim offender mediation has been used for all types of crimes including rape. It has been included as part of probationary conditions for prisoners, and in rehabilitating those serving long-term sentences. In the latter cases, the victims benefit by being able to get closure on feelings of violation and insecurity which otherwise may plague them throughout their lives. In Canada, victim offender mediation was first used in a break and enter case in Elmira, Ontario. A Provincial Court Judge accepted a proposal from a Mennonite Probation Officer and a Mennonite volunteer, to order two offenders to meet face to face with their twenty-two victims.

EVOMP is an adult diversion program which deals with minor charges such as assault (excluding spousal assault), theft under $5,000, and mischief. The Project operates in partnership with the Crown Prosecutor's Office with the Chief Crown Prosecutor approving all diversions for mediation. Referrals to the Project come from defence lawyers and individuals involved in court proceedings. The Edmonton Police Service has recently distributed a directive to its officers listing criteria for diverting cases to EVOMP on a pre-charge basis.

For EVOMP to mediate a charge or precharge, the accused must be willing to take responsibility for his/her actions, there must be an identifiable victim, and both parties must voluntarily agree to mediation. One challenge faced by the co-ordinators involves getting the victim to see the advantages to meeting with the offender. Some victims want to see the offender punished; others are apprehensive about going on the emotional roller coaster that mediation involves; still others fear the offender and are worried about their safety. For cases fitting the latter group, mediations can be held at most police stations in Edmonton.

The objective of the meeting (mediation) is to develop understanding of the criminal action and its impact, extenuating circumstances surrounding the action, and an agreement listing what needs to be done to "make things right." Two trained mediators are usually assigned to each case. The agreement is reported to the Chief Crown Prosecutor who uses it as a basis for dismissing the charges against the accused after all terms have been met. Commitment of the accused to the terms of the Agreement is usually strong because he/she has contributed to their development and the victim is now seen as a person with feelings and aspirations similar to the accused. The victim benefits by getting restitution and closure; the offender learns from the experience and avoids a criminal record.

EVOMP is quickly building a record of success in meeting its mandate. In its first year of operation it received 90 referrals. This number has already been surpassed in its second year. So far in 1996, all mediations but one have resulted in an agreement. Successful agreements create a reduced caseload for the courts so that court time can be dedicated to more serious offences. A goal of the Project is to equal and exceed the 400 cases mediated annually by Mediation Services Winnipeg, a similar community-based victim offender mediation program.

EVOMP's volunteer mediators get the most gratification from mediating with cases in which the victims and offenders are family members, friends, or acquaintances. Many charges result from conflicts that have escalated. The loss of the relationship is felt by both parties. Mediation helps the parties address the conflict, mend the relationship and move toward reconciliation. In these types of situations, the benefits of mediation far exceeds what is available through the courts.

For more information about the Edmonton Victim Offender Mediation Project (EVOMP) or to make referrals to the Project, you can contact Ashley Daniel or Julia Menard at 423-0896 (fax [phone]). EVOMP's office is located at #205, 10711 - 107 Avenue, Edmonton T5H 0W6.