Fergus man recognized for role in 1974 restorative justice case

Russ Kelly’s life has come full circle.

Once a confused teen troubled by substance abuse who was somewhat of a mainstay in local courtrooms, the Fergus resident has since graduated from the law and security program at Conestoga College and now makes presentations to students about positive choices.

And next week, in recognition of his volunteer efforts in the field of restorative justice, Kelly will attend a ceremony next week where he is nominated for a national award from Community Justice Initiatives (CJI).

Kelly, 52, is perhaps best known for his role in the Elmira case over 30 years ago, which was the first example of restorative justice being used in the Canadian legal system.

Restorative justice – which focuses on repairing the harm done by crime, not punishing the offender – is now used in various forms in legal systems throughout Canada, the United States, and all over the world.

It all started one night in  May, 1974. Kelly, then 18, had travelled from his hometown of Mount Forest for a night of drinking with his buddy in Elmira.

The pair was pulled over by police on a back road. Things were different back then, so they had their beer confiscated and were told to go straight home. That would have been the smart thing to do, Kelly recalled, but his friend had a different plan.

“Let’s go out and raise some hell,” Kelly remembered him saying. When Kelly asked his friend what he had in mind, the response was, “Let’s destroy everything in our path.”

So that’s exactly what happened – they spent a couple of hours wreaking havoc throughout Elmira in an alcohol-in­duced haze.

When they finished, 24 tires had been slashed, several windows smashed, vehicles vandalized, a gazebo and fence dam­aged, a flashing light de­stroyed, car windows busted, a boat overturned and damaged, a table thrown into a fish pond, and a cross broken off a church display case.

It didn’t take police long to connect Kelly and his friend to the crimes, and both were quick to admit their guilt.

“It was a crazy, senseless night, but completely out of character for both of us,” Kelly said.

Forward thinking parole officer Mark Yantzi came up with the idea of having the teens meet their victims and compensate them for any losses.

Surprisingly, Judge Gordon McConnell, known at the time for his strictness, agreed to the idea. In addition to levying a $200 fine and 18 months probation, Gordon ordered the pair to meet the victims and repay any damages not covered by insurance.

Though hesitant at first, the teens agreed.

“It was such a rotten thing to do,” Kelly said of the crime spree. “We were truly remorseful so we decided it was only right and that we owed it to the victims.”

Plus, it was a way to avoid harsher punishment.

Kelly will never forget the looks on some of the faces of the victims and their varied reactions.

Some were happy the teens had owned up to their crimes, while others were angry, and one even said the teens needed “a good whipping.” In all Kelly and his friend had to pay $550 each in restitution.

“It was a valuable lesson in humanity as well,” Kelly said. “I never damaged anyone’s property after that, so I learned my lesson.”

The Elmira case received an abundance of media coverage as the first case ever in Canada to incorporate restorative justice, but Kelly was unaware of the impact his case had until many years later.

And while the case may have had a great impact on both himself and the legal system, Kelly said it was not “a magic pill,” that cured all his problems.

After losing his father at age six and his mother at age 15, he turned to alcohol, LSD, hashish, and marijuana to numb the emotional pain of their untimely deaths.

He has never used his substance abuse as an excuse for his actions – in the Elmira case or otherwise – but his reliance on drugs and alcohol continued long after he and his friend made peace with the Elmira community.

In fact, Kelly was 32 before he decided he was sick and tired of waking up sick and tired.

“I just thought I’d either end up dead or going to jail for a very long time,” he recalled.

His efforts to quit were aided by his future wife, Irene, whom he met around that time.

“She gave me a purpose and reason for living,” Kelly said, adding he finally kicked his problem for good nine years later, without any reliance on Alcoholics Anonymous or other groups.

“Irene saved me from myself and my vices. If it wasn’t for her, I wouldn’t be here right now.”

Kelly says his struggles with substance abuse may have helped him prepare for another difficult battle some years later.

Two years ago he had a cancerous growth removed from his neck and underwent eight weeks of intense radiation which, he said, almost killed him.

“Things may look bad, but there’s always someone worse off,” he said of how he got through that painful ordeal. “I’ve always thought that.”

Today, Kelly does maintenance work for a Guelph company and volunteers with CJI in Kitchener, promoting the re­storative justice philosophy and various CJI programs.

In 2005, he was recognized with the Conestoga College Alumnus of Distinction Award for his volunteer efforts, which include presentations to high school and college students.

And in conjunction with National Restorative Justice Week, Kelly – along with Yantzi, McConnell, and five other players in the Elmira case – has been nominated for the Ron Wiebe award at a CJI ceremony at the Delta Hotel in Kitchener on Nov. 19.

“It’s a great honour and a privilege [to be nominated for] this award for my work in the field of restorative justice,” Kelly said.

The award is named after the late Ron Wiebe, the former warden of Ferndale and Elbow Lake Correctional Institutions, who was deeply committed to the vision and values of re­storative justice.

Kelly will also be promoting his book, From Scoundrel to Scholar: The Russ Kelly Story, at several coming local events, including:

– the Christmas Book Fair on Nov. 22 from noon to 4pm at Cherry Hill Entertainment in Fergus; and

– the Literary Works and Musical Interludes event at the Fergus Grand Theatre on Dec. 7 from 9:30am to 4:30pm.

The book is available at Reflections in Fergus.

 

 

Comments