Extrajudicial Sanctions and Measures
There are two youth diversion programs that we offer, Extra Judicial Measures (EJM) and Extra Judicial Sanctions (EJS) that provide alternatives to formal charges for youth who may be facing a criminal charge under the Youth Criminal Justice Act (YCJA).
Referrals are accepted from police services for EJM and no charges are laid if the youth completes successfully. EJS referrals are accepted from the courts and the charge is withdrawn upon successful completion.
These programs provide an opportunity for youth, aged 12-17 at the time of their offence, to accept responsibility for their action and to play a more active role in the resolution of their offence(s). It allows the youth to consider the rights and needs of the victim(s) by providing an opportunity to address their concerns and views.
The involvement of families and the community is encouraged to be a part of the process in determining what the youth will be responsible for completing in order to repair the harm caused and to assist in the development of a range of resolution options. This may include, but is not limited to, community services hours, attending programming, letter of apology, participation in a Youth Justice Committee (YJC) – YJC is a committee made up of community volunteers who meet with the young person and their parent(s)/guardian to work out a way to make amends for what they did. The victim(s) are invited to participate, whether they choose to be there in person or to provide input in writing, to express the impact that the youths’ actions have had on them. Both the youth and the victim(s) are permitted to bring people to support them.
Both the youth and the victim(s) are permitted to bring people to support them. The community volunteers will help guide and engaged all involved in a discussion revolving around the harm caused, impact to the victim and the community and ways to make things right in order for all to move forward with a sense of resolution and well-being.
Youth ParticipantI felt that the staff were truly helpful and concerned to really help fix my mistakes. Truly an excellent experience.
VictimI greatly appreciate you and the team and the efforts you have made to try and put the youth on a more positive path in life.
What are some examples of community-based measures/sanctions that a young person would be responsible for completing?
Measures and sanctions are negotiated on an individual basis and may include options such as apology to the victim, community service work, restitution, projects, programing to address cognitive/behavioural skills, self-awareness, life skills, anger awareness and participating in restorative justice circles.
Who is involved in deciding what the young person will be completing?
Where appropriate, the program provides opportunities for family members and the community to become involved in the design and implementation of what the young person will be responsible for completing. The program also provides victims the opportunity to participate and have a voice in the decisions related to what the young person will complete to repair the harm that was caused.
These programs are restorative in nature as the focus is to separate out the youth from their behaviour and address the underlying cause so that all involved can move forward with a sense of resolution. Youth are held accountable and are provided with the opportunity to repair the harm and understand the impact from the victim and community’s perspective.
What is the referral process?
These programs have been established under the Youth Criminal Justice Act (YCJA) for young people aged 12-17 years old. EJM is a Police referred program used to deal with a young person alleged to have committed an offence; EJS is a Crown Attorney referred program used to deal with a young person alleged to have committed an offence.