What Are Extrajudicial Measures and Sanctions?

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. 

The Law About Drinking & Driving

Andy and Sam, both grade twelve students, are looking forward to an exciting weekend. Andy’s parents are out of town and have agreed to let him use their car while they’re away. Andy has just passed his G2 driving test and is eager to cruise around town with his friends.     

One of Andy and Sam’s friends is having a huge party this weekend. Because the house party is in another neighborhood about thirty minutes away from where Andy and Sam live, Andy happily offers to drive to the party. On the way, Sam shows Andy the six-pack of beer he snuck out of his house. Andy refuses, saying he’s not going to drink at the party because he’ll be driving later.

A couple hours later, Andy feels a bit out of place, as everyone else at the party is drinking. He decides to have one beer, thinking that he will still be able to drive safely if he only has one. However, after having the first beer, Andy has three more, thinking that he might as well enjoy himself, and anyway, he feels fine.

As the party winds down, Sam and Andy decide to leave. Sam notices that Andy doesn’t look too steady, and stumbles a bit on the way to the car. When he learns that Andy has had four beers, he tells him that they should probably call a taxi or stay at their friend’s house, because he is too intoxicated to drive. Andy brushes him off, and tells him that he’s fine to drive home. Although Sam has a G2 licence, he knows that he has also had too much to drink to drive.

What are the legal ramifications of drinking and driving, specifically for young people under the age of 21, and for G2 drivers?

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Drinking and driving is a deadly combination and a serious issue. It can lead to injury and death to other drivers on the road as well as other passengers in the car. In fact, drinking and driving accounts for 25% of deaths in Ontario. For this reason, the legal ramifications are quite serious. There can be charges laid against the driver, fines and licence suspensions, jail time and a vehicle being impounded.

Ontario Law

In Ontario, the police have the power to (a) stop drivers at random to determine whether to test for alcohol (via a breath test) (b) suspend your driver’s licence for novice drivers and all young drives below the age of 21, who at roadside for recording  have over a zero blood alcohol concentration (BAC) or (c) suspend driver’s licence at roadside for recording 0.05  or over on a breath test and BAC for all other categories of drivers. This means that if you are under 21 years old, that regardless of which kind of licence you have (G, G1, G2), if you are caught with any alcohol in your blood, you will receive an immediate 24-hour roadside driver licence suspension.  You will likely then be charged with impaired driving.  If you are convicted of the charge, you can be fined between $60 and $500, and your licence can be suspended for 30 days.  If you are a young driver with only a G1 or G2 licence, you can face even stricter consequences, including being returned to the start of the Graduated Licencing System.  As Andy is only 16 years old and has just gotten his G2 license, he is considered a novice driver. This means that if he is caught drinking, he will be subject to any of the above. He may lose his G2 licence (which allows him to drive her friends unaccompanied by an adult) and be returned to the start of the licensing process.

Source: Ontario Ministry of Transportation Drinking and Driving Brochure 

Criminal Code of Canada

Andy can also face more serious consequences. Higher BACs (between 0.05-0.08, and above 0.08) lead to even more severe consequences. Impaired driving, which means driving while your ability is affected by alcohol or drugs, is a crime under the Criminal Code of Canada under Section 253(1)(a). Driving with a blood alcohol content of 0.08 (800mg of alcohol/100 mL of blood) or more is also a crime under Section 253(1)(b). Interestingly, the vehicle does not even have to be moving. The driver can even be charged if impaired behind the wheel, even if he/she has not started to drive and the keys are not in the ignition. 

The provisions of drinking and driving offence in the Criminal Code of Canada: Operation While Impaired

253. (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

(a) While the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

(b) Having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

According to Section 254 of the Criminal Code, if the police have reasonable grounds to suspect that a person is under the influence of alcohol, it is an offence to refuse to take a physical coordination test or breath test.

Youth Criminal Justice Act

Since Andy is a youth (between the ages of 12-17), the Youth Criminal Justice Act will apply to him, and not the Criminal Code offences. As a result, it is not possible to predict as clearly what sentence he could get if found guilty. However, this also changes the way the police officer must interact with Johnny. For example, s. 146 of the YCJA imposes a different standard for obtaining evidence, not binding youth to certain written and/or oral statements that were obtained when the youth didn’t have the opportunity to speak with a parent and/or a lawyer.  Also, police must speak to youth using words that the youth is able to understand.  

REMEMBER:

Every injury and death caused by impaired driving is entirely preventable. There are other options and if you are ever in the same situation as Andy and Sam do not forget: Call a taxi, call a friend or a parent, walk home if you or carpool with others who haven't been drinking. Don't ever let your friends drive drunk. Take their keys, have them stay the night, or do whatever else is necessary - but don't let them drink and drive!

This blog scenario was written by Rachel Kattapuram, a first year law student at the University of Toronto and a volunteer on the JFCY's PLE Team. The legal content was written by Lauren Grossman, a first year law student at the University of Toronto who is volunteering at JFCY as the PLE team leader through her law school's Pro Bono Students Canada program. All legal content was reviewed by a JFCY lawyer. 

New video: Drugs at School - Expulsions and other legal issues

Check out our new YouTube video on legal issues that can arise when students are caught with drugs at school.  This can lead to charges under the Youth Criminal Justice Act, as well as a possible suspension and/or expulsion from school.

For more on the making of this video, check out this past blog post about our PLE Team volunteers.

What is the Youth Criminal Justice Act?

For those of you in search of an understanding of what exactly the YCJA is, or what it even stands for, you’ve come to the right place!

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Youth Criminal Justice Act (YCJA) is the governing code in Canada for youth that came into effect in 2003. It covers the prosecution of your case if you are 12-17 years old at the time a criminal offence was committed. If you are charged after you turn 18, the YCJA is no longer applicable and you will be charged under the Criminal Code of Canada.

Youth Justice Court: In Canada, if you are between the ages of 12-17 at the time the crime was committed, your case will be tried at the Youth Justice Court.

Why does Canada have it? The YCJA focuses on:

•  Helping to put young people who have committed crimes back into society,
• Giving fair sentences consistent with the needs of young  people and their lower level of maturity,
• Giving extra protection to young people, treating them fairly and respecting their right to privacy, and
• Enforcing the law quickly to strengthen the link between the behaviour and its consequences. 

What if I am under 12 years old?

If you commit a crime and you are not 12 years old yet, the YCJA will not apply to you and you are not considered to be criminally responsible. Under Canadian law, persons under the age of 12 years cannot be said to form a criminal intent sufficient for criminal responsibility or a criminal record, if found guilty. The Criminal Code of Canada, section 13, states "No person shall be convicted of an offence in respect of an act or omission on his or her part while that person was under the age of twelve years." However, you may still face consequences, although not penal, for this behavior based on other laws, for example the Child and Family Services Act.

If I commit a crime, can I get a lawyer? If you are between the ages of 12-17 and have been charged with a crime, you do have a right to a lawyer.  Section 25 of the Youth Criminal Justice Act reads:

25.(1) A young person has the right to retain and instruct counsel without delay, and to exercise that right personally, at any stage of proceedings against the young person and before and during any consideration of whether, instead of starting or continuing judicial proceedings against the young person under this Act, to use an extrajudicial sanction to deal with the young person.

(2) Every young person who is arrested or detained shall, on being arrested or detained, be advised without delay by the arresting officer or the officer in charge, as the case may be, of the eight to retain and instruct counsel, and be given an opportunity to obtain counsel.

This means that youths who are arrested or detained for any reason must be told of their right and be given the opportunity to obtain a lawyer before any lawful procedures are conducted.

Will my parents find out if I commit a crime? 

Under section 26(1) of the Youth Criminal Justice Act, the officer in charge of the arrest or detention of a youth must give notice to a parent either orally or in writing as soon as they possibly can.

Will my classmates find out if I commit a crime? 

Section 110 of the Youth Criminal Justice Act outlines privacy in relation to the identity of young offenders, access to their criminal records, and disclosure of their personal or trial information. Trial information can be published in media or print but identifying information (ie your name) about young offenders cannot be. 

To take a look at the Youth Criminal Justice Act, click here

For more information on YCJA and your rights as a youth, check out our legal information pamphlets: 

Know Your Rights: http://www.jfcy.org/ycj.html 

Youth Guide to Court: http://jfcy.org/PDFs/Charged_March2012.pdf 

If you are a youth charged with a crime, you can call JFCY at 416.920.1633 or 1.866.999.5329 to speak with a lawyer.

This blog post was written by Lauren Grossman, a first-year law student at U of T who is volunteering at JFCY through her law school’s Pro Bono Students Canada program. All info was reviewed by a JFCY staff lawyer.

JOYRIDING

Jessica, a 14-year-old high school student, wanted to go to the mall with her friends after school. Neither she nor her friends, being the same age as her, had a license to drive to the mall and the mall was too far to walk to. At the same time, some of her friends did not have money to spend for bus fare. Jessica then remembered that her parents have gone out of town for a couple of days and that her older sister would have a long day at school in university and thus would not be at home. 

With that in mind, there was a car parked in Jessica's garage without anyone using it. A thought came to her… she could always use her parents’ car and put more gas in to compensate to what she would be using that day before returning it home. In this case, no one in her family would ever find out that the car has been driven at all. At the same time, she thought that her allowance money being spent on gas would take her to more places in comparison to spending on different trips for bus fare. “A good idea,” Jessica thought.

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After school, Jessica and her friends decided to walk to her house, which was only a kilometer away from school. Jessica did not call her parents and her sister for permission since the likelihood of being able to drive the car without a license was zero. Jessica then walked into her parents’ room and grabbed the car key. She turned on the engine, opened the garage door, and reversed. With a full passenger car, Jessica was excited that she was able to drive her friends to the mall, especially those that did not have any money for bus fare. Also, it was quite thrilling for her since she had never driven a car before, though she was very familiar with go-karting and race car video games. What could go wrong anyways? She watched how her parents drove all the time whenever she was sitting in the front seat.

What is Joyriding?

Joyriding is a criminal offense that is punishable in court. It is a slang term given to an offence in the Criminal Code of Canada. This is an offence resembling theft which is described as taking a motor vehicle and operating it without the owner's consent.

The Criminal Code Offence:

Section 335 of the Criminal Code, an Offence Resembling Theft says: "Everyone who, without the consent of the owner, takes a motor vehicle or vessel with intent to drive, use, navigate or operate it or cause it to be driven, used, navigated or operated is guilty of an offence punishable on summary conviction."

Jessica’s friends can also be charged under this section for being aware of the situation: " ...[O]r is an occupant of a motor vehicle or vessel knowing that it was taken without the consent of the owner, is guilty of an offence punishable on summary conviction."

Youth Criminal Justice Act

Because Jessica and her friends are only 14, if charged, they will be charged under the Youth Criminal Justice Act.  A charge under the Act says that young people between the ages of 12 and 18 will be made to appear in Youth Justice Court. If Jessica or her friends are convicted, the given sentence will be decided by the penalties set out in the Youth Criminal Justice Act

Ontario Laws:

Jessica is also violating provincial laws by driving without a license. According to Ontario Highway Traffic Act, 37.(1) " No person under the age of sixteen years shall drive or operate a motor vehicle, street car, road-building machine, self-propelled implement of husbandry or farm tractor on a highway."

The scenario for this post was written by Karen Jacobe, a JFCY volunteer on the PLE Team.  The legal info was written by Lauren Grossman, a first-year law student at U of T who is volunteering at JFCY through her law school’s Pro Bono Students Canada program. All info was reviewed by a JFCY staff lawyer

House Party Gone Wrong...

Bianca’s parents are going out of town this weekend and with a bit of convincing from her friend Hailey she decides that she should throw a party Saturday night. Hailey even promises that she can get the alcohol for the party; she assures Bianca that her older sister will make an LCBO trip for them since they are underage.  When Saturday rolls around its finally 9pm and people are starting to show up, Bianca is really excited but a little nervous wondering if people are going to come or not. The doorbell rings, she grabs a beer and runs to the door to let her friends in and start the night off.  Although the party had good intentions, it didn’t turn out so well. Hailey had brought alcohol, keeping to her promise that her older sister would buy it, so there was a lot of underage drinking. One girl at the party had too much to drink and fell down the stairs, hurting herself. The party started to get out of control when some boys moved the party outside the house and damaged the neighbour’s fence playing a game of who could punch through the fence. Due to the noise and people coming in and out of the house, Bianca’s neighbours got very angry and went to check out what was going on. They saw their damaged property and the underage drinking and threatened to phone the police…

 

What could happen to Bianca, Hailey and the rest of their friends at the party if the police show up?

Underage Drinking:

Section 30(8) of the Liquor License Act says that no person under nineteen years of age shall have, consume, attempt to purchase, purchase or otherwise obtain liquor.  Anyone at the party that has consumed alcohol and is under-age can be charged under the Liquor Licence Act and be made to appear in Provincial Offences Court.

If the police find out who supplied the alcohol, Hailey’s sister could be charged under s.30(1) of  the Liquor License Act with knowingly supplying alcohol to minors.

Injury and Property Damage:

Regardless that they were out of town and unaware of the party, Bianca’s parents could face a lawsuit in civil court brought by the girl who was injured on their property as a result of the alcohol available in their home.

Additionally, if the neighbours decide to sue in civil court for the damage done to their property, Bianca’s parents might be held responsible and forced to pay if a court thinks they should have provided more supervision.

Lastly, the youths who were involved in creating the damage could be charged with mischief under the Youth Criminal Justice Act for their actions.

Noise Complaint:

Most municipalities have noise bylaws that give law enforcement the authority to address noise complaints. These bylaws cover activities such as loud parties, yelling, shouting, and playing loud music. According to the Municipal Bylaw of Toronto, s.591-2 says, no person shall make, cause or permit noise or vibration, at any time, which is likely to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the inhabitants of the City. Bianca may face a fine for violating this municipal bylaw. 

If you are have specific legal questions about these topics, please contact Justice for Children and Youth if you are under age 18 and live in Ontario, Canada.  416-90-1633.

This scenario was written by Genevieve Pelow  a JFCY volunteer on the PLE team. The legal info was written by Lauren Grossman, a first-year law student at U of T who is volunteering at JFCY through her law school’s Pro Bono Students Canada program. All info was reviewed by a JFCY staff lawyer.

What is Conditional Supervision? What Happens if you Breach it?

Section 105 of the Youth Criminal Justice Act outlines the terms of conditional supervision.  Conditional supervision occurs when a young person has been sentenced for a particular offence and serves their sentence in the community, instead of in custody. 

Conditional supervision can also occur when a young person has completed part of their sentence in custody and after release must satisfy the rest of their sentence in the community. 

According to section 105, these conditions require that the young person

(a) keep the peace and be of good behaviour;

                        (b) appear before the youth justice court when required by the court to do so;

                        (c) report to the provincial director (ie "probation") immediately on release, and then be under the supervision of the provincial director or a person designated by the youth justice court;

                        (d) inform the provincial director immediately on being arrested or questioned by the police;

                        (e) report to the police, or any named individual, as instructed by the provincial director;

                        (f) advise the provincial director of the young person’s address of residence on release and after release report immediately to the clerk of the youth justice court or the provincial director any change

                                    (i) in that address,

                                    (ii) in the young person’s normal occupation, including employment, vocational or educational training and volunteer work,

                                    (iii) in the young person’s family or financial situation, and

                                    (iv) that may reasonably be expected to affect the young person’s ability to comply with the conditions of the order;

                        (g) not own, possess or have the control of any weapon, ammunition, prohibited ammunition, prohibited device or explosive substance, except as authorized by the order; and

                        (h) comply with any reasonable instructions that the provincial director considers necessary in respect of any condition of the conditional supervision in order to prevent a breach of that condition or to protect society. (YCJA)

Additional conditions may be set at the discretion of the Provincial Director who may take into account the young offender’s residence, employment, etc.

If a youth breaches one of these conditions, there are some possible consequences. These consequences are outlined in section 106 and section 107 of the Youth Criminal Justice Act.

1.     Suspension of the conditional supervision.

2.     A warrant may be issued for the young person’s arrest and apprehension.

3.     The young person can be required to go (back) to a youth custody facility.

4.     Additional conditions may be placed on the young person before they are released back into the community

In the worst case, a breach of a condition may mean returning to custody and/or adding time to a sentence.  Additionally, a breach of conditional supervision can mean that the youth is charged with another offence. 

If you have specific legal questions relating to your situation, please contact JFCY at 416.920.1633

This blogpost was written by Marsha Rampersaud, a JFCY volunteer on the PLE team . All info was reviewed by a JFCY staff lawyer.