Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m M A Y 2 0 1 5 7 T welve male students at Dalhousie University's Faculty of Dentistry were back in school after taking part in a restorative justice process to address misogynistic messages they posted to a private Facebook page. (The remaining student involved in the contro- versy declined to take part in the process, but was permitted to go back to school.) While much of the nation watched as the dentistry debacle unfolded — and infuriated citizens — over the course of several months, the restorative justice approach proposed by the university also came under scrutiny. Many critics called for a more punitive approach, but that is not the intent of restorative justice, says Heidi Illingworth, execu- tive director of the Canadian Resource Centre for Victims of Crime in Ottawa. "Restorative justice is a difficult pro- cess for both parties and takes a lot of significant preparation, but it promotes healing for both parties." One question that has arisen in the wake of the scandal is the appropriate- ness of restorative justice for survivors of relationship and sexual violence and how the legal system could be more restorative. Both elements were the focus of a panel in Mahone Bay, N.S., sponsored by a local women's centre project and featuring human rights legal counsel, a mental health court judge, and an academic expert. For some people, including victims of violent and sexual crimes, restorative justice can be a less traumatizing option because it is voluntary and offers non-tra- ditional options. "Researchers in this field would even suggest that the deepest heal- ing impact of restorative justice is found in addressing and responding to violent crime," says Illingworth. "An increasing number of victims of sexual assault and other serious, violent crimes are requesting the opportunity to meet the offender to express the full impact of the crime upon their life, to get answers to many linger- ing questions they have, and/or to gain a greater sense of closure so that they can move on with their lives." She notes there are numerous pluses to a restorative justice process for women including providing a forum for the victim to be listened to without judgment and to involve the victim's family and community in helping to prevent future violence and to support the individual. The process also holds offenders directly accountable for their actions and for the harm done. Caution needs to be exercised, however. Often women feel pressured to participate in the process, a criticism levelled during the Dalhousie incident, and they may not get enough information on which to make an informed choice about their participa- tion. As well, notes Illingworth, the "power dynamics of abuse are not addressed, mak- ing the process unbalanced and putting women at risk." Well-trained facilitators are essential, she adds. "Interveners need specialized training to better understand the dynamics of violence against women and restorative justice so that they may ensure policies and procedures do not re-victimize women." — DONALEE MOULTON donalee@quantumcommunications.ca \ AT L A N T I C \ C E N T R A L \ P R A I R I E S \ W E S T REGIONAL WRAP-UP AT L A N T I C N.S. MODERNIZES MORTGAGE LEGISLATION N ova Scotia plans to have a new Mortgage Regulation Act in place this fall. The legislation, which updates the Mortgage Brokers and Lenders Registration Act, will bring the province in line with other jurisdictions across the country including Saskatchewan and Ontario. The current mortgage brokering and lending legislation is almost 50 years old, and according to the provincial govern- ment, it has not kept up with industry standards, best practices, or various mortgage products available to consumers. More rigorous requirements for brokers are a cornerstone of the proposed legislation. Five licences will be available: mortgage lender, mortgage brokerage, mortgage broker, associate mortgage broker, and mortgage administrator. "Each brokerage and broker must hold a licence. Under the Mortgage Brokers and Lenders Registration Act, individual broker licensing was not required," says Mark Coffin, a lawyer and Nova Scotia's Registrar of Mortgage Brokers in Halifax. Education requirements for brokers have also been added. "Existing permit holders who qualify will be grandfathered, but they will still be required to take education within two years after enactment of the [new legislation]," says Coffin. In 2012, the Canadian Association of Accredited Mortgage Professionals estimated that 30 per cent of residential mortgage shoppers in Nova Scotia consulted a broker. There were more than 38,600 mortgages taken out in the province in the 2011-12 fiscal year. Consumer protection is also enhanced in a number of ways under the new law. These include the use of plain language disclosure forms to mandatory errors and omissions insurance for brokerages. In addition to bringing Nova Scotia in line with other provinces, the new legislation aligns with work com- pleted by the Mortgage Broker Regulators' Council of Canada and it meets the requirements of the federal government's Agreement on Internal Trade and its labour-mobility provisions. — DM Restorative justice under a microscope

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