An Ideal Offender? Exploring How Discourses Surrounding Neurodivergent Justice-Involved Young People Affect Restorative Justice Conferences

Abstract

Restorative justice conferences are approaches to justice that take place outside of formal court processes and bring together many parties (e.g., justice-involved young person, victim(s), family members, community members, facilitators, and others) to address the harm that was caused by the offence(s) and advise decisionmakers on next steps (Fugeman-Millar, 2003). In Canada, the use of these conferences varies greatly, highlighting an uneven and inconsistent application (Paquin-Marseille & Higgison, 2022). Furthermore, limited research exists in Ontario that engages with the facilitators of these conferences. This thesis explores the intersections of neurodiversity, youth justice, and restorative justice conferences to better understand the ways in which conference facilitators reinforce, reproduce, and resist certain discourses. Using a Foucauldian discourse analysis (FDA), I unpack the ways in which conference facilitators engage with the medicalized/deficit vs. neurodiversity affirming discourse and the ‘ideal offender’ vs. ‘problematic offender’ discourse when discussing their role, neurodiversity, youth justice, and restorative justice. The findings suggest that while restorative justice conferences are largely viewed as a valuable tool in youth justice, their implementation and facilitation are influenced by factors such as institutional discretion, facilitator knowledge, and structural factors such as education, training, and funding availability. Furthermore, discourses surrounding neurodivergent justice-involved young people highlight the importance of engaging with youth-centred and neurodiversity-affirming practices. A critical analysis of these dynamics can contribute to broader ongoing discussions related to neurodivergent young people involved within the youth justice system.