The Youth
Criminal Justice Act (“YCJA”) says it is better to deal with less
serious offenses outside the court system. This is often the most
appropriate and effective way to address non-violent youth crime.
EXTRAJUDICIAL MEASURES: are
designed to hold young people responsible for wrongful behaviour without formally
charging a youth with a criminal offence. The police can give warnings
(informally), cautions (usually a letter sent to you and your parents and may
require you and your parents to go into the police station to speak with an
officer), or referrals to a community program. The
crown attorney can also give a caution instead of a charge, or withdraw a
charge and give a caution instead.
EXTRAJUDICIAL SANCTIONS: may
be given by a Crown attorney before or after a young person has been charged
with a criminal offence, as a way of dealing with the offending behaviour
without proceeding further through the formal court system. They may be used only if a warning, caution
or referral is not enough to hold the young person responsible. The Crown can request
an extrajudicial sanction and a referral to an extrajudicial sanction programs
before or after the young person has been charged. If you are accepted
into the program, you will be required to complete the program. This means you
will get some consequences for your actions, but you will not go through the
court system and be punished by a Judge.
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You can get an extrajudicial sanction only if:
- there is such a program
where you live;
- the police or the crown attorney
thinks that the program is the right thing for you and for the interests
of the community;
- you are told all about the
program and you freely agree to participate;
- you have been given a chance
to consult with a lawyer;
- you are willing to accept
responsibility for what the police say you have done wrong; and
- there is a real case
against you, and you could otherwise be brought to trial through the court
system
There are a number of different options for an extrajudicial sanction
program, some examples include: You may be asked to do some kind of community
service, participate in a conference, write an essay or letter of apology,
go to workshops, do a mediation, or perhaps do something else that would be
relevant to you or the offence.
When you successfully complete the program, then any charge that
has been laid against you will be dismissed and you will not have to
return to court on this matter. Additionally, a record of your participation in
the program will stay in the records of your local police for only 2 years. You
will not get a youth justice court record.
This blog post was written by Lauren Grossman, a
first year law student at the University of Toronto who volunteered at JFCY through
her law school’s Pro Bono Students Canada program in 2012/13. All legal content
was reviewed by a JFCY lawyer. JFCY's legal content is based on the laws in
Ontario relevant to youth under the age of 18.
