Restorative justice advocates in Halifax for conference

Leaders from Canada, the United States, England, Australia and New Zealand are in Halifax for the International Restorative Conference taking place June 27-28.

The conference was organized by the restorative inquiry for the Nova Scotia Home for Colored Children and the office of African Nova Scotian Affairs.

"There's a lot of passionate people trying to do the right thing for kids who are in care," said Tony Smith, co-chair of the restorative inquiry council of parties. 

Smith helped bring about an official apology for the Nova Scotia Home for Colored Children from the Nova Scotia government as well as a $29 million class action settlement for survivors.

Physical, psychological and sexual abuse took place at the home over a 50-year period ending in the 1980s. Smith said he is happy to share stories of his struggles with international experts.

"They heard about what's being done here and they thought it was unique that the provincial government, as well as the former residents and people within the community, are working with equal partnership to look at the wrongs and how we can make it right." 

Similar challenges

Smith said the people attending the conference said the same challenges faced during the Nova Scotia Home for Colored Children inquiry are happening elsewhere in the world. He said another thing that groups had not seen was governments being involved in the process.

"We all own it, not just one person," said Smith. 

Between this weekend and Monday, the groups will brainstorm ways of moving forward. Smith said the people in from out of town are bringing their ideas to the table too.

He said one of the big questions asked was how the restorative justice process happened.

"It came from the former residents when we first got together in 2012 because we were all suffering from a lot of pain, anxiety, shame and guilt and we no longer want to wear that," said Smith.

"We're no longer victims, we're survivors and if we go through a process of a public inquiry, how can we do it in a way that's going to cause no further harm."

Smith said it's amazing people are looking at the Nova Scotia Home for Coloured Children case as a success.

"We have always lived with the fact that nobody cares and nobody is going to do anything and that's a defeatist attitude," said Smith. "You can really make a difference if people really care about the issue and want to make change without pointing fingers."

'A fierce initiative'

Fania Davis, a civil rights activist, attorney, and executive director of Restorative Justice for Oakland Youth in California, said she was blown away by Saturday morning's session.

"This is a fierce initiative for both justice and healing. It's not about blaming, it's not about causing further harm, it's about doing no further harm and creating transformed relationships for a future of equality and justice," said Davis.

Davis said she loved the way the province apologized and has taken responsibility for the home. She said Nova Scotia is a potential model for the United States when it comes to justice.

"It was gratifying to see, especially the administration under Stephen McNeil, has taken the bold and courageous step of apologizing to the former residents ... that is unusual," said Davis.

"In the United States, government officials are usually reluctant to apologize because they fear they'll open themselves up to a flood of litigation."

Davis said congress apologized for slavery in 2008, but said the difference with Nova Scotia's apology to the Nova Scotia Home for Colored Children is that action is being taken.

"It appears your government is trying to address systemic and institutional racism which is something that's opened up by this incident with the colored home," said Davis.

Restorative approach 

Jennifer Llewellyn, a Dalhousie University law professor who specializes in restorative justice, said the conference looks to explore the wider possibilities for a restorative approach.

"Nova Scotia is a really interesting place for them all to decide to come. We have been doing a lot of this work for a long time in youth justice and now in human rights moving into adult justice and thinking about it in our schools and on university campuses," said Llewellyn.

Llewellyn said the Nova Scotia Home for Colored Children case offered a window into the history of systemic racism in Nova Scotia. She said its outcome with the public inquiry is an example for the world.