The idea of restorative justice is too compelling, and the need for it is too great to be delayed any longer, Archbishop Lawrence A. Burke told members of the legal system, during the annual Red Mass Homily at St. Francis Xavier’s Cathedral on Sunday.
“We know that sending young men to prison with hardened criminals, with no constructive program for them, does not help the men or society,” Archbishop Burke said.
Restorative Justice has been found to be a viable alternative in other parts of the world and addresses the needs of crime victims, the church leader said, noting that it is an attempt to restore the dignity of victims, refresh their feeling of well-being and renew their belief that their plight will not be ignored.
While he has witnessed enormous generosity, he has also seen “a chilling disregard for many who are ignored and sidelined by the justice system,” the churchman said, emphasizing the pressing need to care for crime victims and to seek where possible, reconciliation between victim and offender.
“While there is a need for ongoing public education on restorative justice, we have received great encouragement from the Prime Minister, various members of the Cabinet, the Chief Justice, members of the Opposition and others. Unfortunately, the introduction of a pilot project has been delayed, because of the inability of the Restorative Justice Network to design and implement a workable scheme,” he said.
Archbishop Burke then pointed out that his greatest disappointment is in the area of “legal assistance” for those in need, including adequate public assistance and pro bono efforts.
He noted that while various legal clinics have produced some results, and while there are some who donate their services to helping those in need, a more comprehensive legal assistance is an issue that he refuses to give up on.
“Indeed, I have pressed you on this issue now for almost 20 years,” he stated. “And I will not relent because this issue is so fundamental to what it means to be a just society. It is so fundamental to what it means to truly come to the rescue of those in need,” said Archbishop Burke to the legal gathering.
The Catholic Archbishop said that he pressed the issue of “legal assistance” during the tenure of the former PLP government, under the FNM administration and again under the new PLP, “to demand greater justice, as too many of our poor, whose journey to the proverbial bar of justice is too often an unsavory mixture of farce and tragedy.”
“Yes, progress had been made on this issue, but it is not enough. Yes, there are national budgetary constraints, but that does not mean we can’t be more creative with our finances and talents. Yes, many law firms aren’t doing as well financially as they were doing some time ago, but that does not mean that pro bono legal work can be abandoned or neglected,” charged Archbishop Burke.
“Existing legal aid clinics look better on paper than they are in reality,” he continued, and urged the Attorney General to work diligently to enhance the government’s legal assistance programme.
Such programmes are more effective when they have financial support from the government, he noted.
Archbishop Burke said that early this year, he will invite the Attorney General, heads of various law firms, the President of the Bar, organizers of various legal assistance programmes and other interested parties to meet to discuss how the public and private sectors may better collaborate in providing enhanced legal assistance for a larger segment of those in need.
“To our larger firms, I say this: Who among you will help to advance the common good by deepening and broadening our pro bono efforts?
Will you help inspire other corporate citizens to do the same in their respective fields?
And will you inspire our youth and young adults by becoming examples of what you often preach about community service and volunteerism,” said the Archbishop.
Prison reform, enhancing pro bono efforts in a law firm, or even setting up a restorative pilot project, would depend on individuals like themselves, he said.
“If only a dozen of you here this morning commit yourselves to some of the issues I’ve addressed, at next year’s Red Mass, we will have a few more things to celebrate,” Archbishop Burke said.
“I see the progress that has been made and I see the potential to make progress on the issues we all know need to be addressed,” he concluded. “I believe that many of you will more urgently bring those in need your gifts and talents, your labour and love, your wisdom and wit, and your comfort and joy.”
Archbishop Burke prefaced his remarks with the observation that at Christmas, “the greatest mission in human history” is celebrated in the person of Jesus Christ.
“It is an adventure story and noble tale greater than all of the Harry Potter, Lord of the Rings and Hollywood stories combined; greater than Dante’s Divine Comedy,” and other stories that surpass human understanding, he said.
But even today, the Archbishop said, throughout the world, particularly in the United States following the September 11, 2001 terrorist attack, in Africa, Yemen, the Middle East, and the Bahamas, can be found compelling instances of “mercy incarnate and countless examples of rescue.”
By Tamara McKenzie, The Nassau Guardian
