Extrajudicial Measures and Sanctions (YCJA)

Extrajudicial measures are ways to deal with less serious youth crime outside of the court system. Extrajudicial measures include:

• Taking no further action.
• Giving an informal warning.
• Giving a formal warning, called a police caution. This could be a letter to you and your parents or a meeting at the police station between you, your parents and a senior police officer.
• Referring you to community programs or agencies that may help you to not commit further offences.

If the police catch you committing a crime or have reason to think you have or will commit a crime, they can decide to use extrajudicial measures instead of charging you.

Last Reviewed: January 2020

The police must consider using extrajudicial measures before charging you. The YCJA promotes using extrajudicial measures to respond to less serious youth crime. The YCJA presumes that extrajudicial measures are an adequate response to hold first-time non-violent offenders accountable for their behaviour. If this is not your first time being caught, the police can still use extrajudicial measures as long as they are appropriate to hold you accountable for your actions.

Last Reviewed: January 2020

There are many different programs and agencies that help youth, depending on the community where you live. Some examples include:

• recreation programs
• counseling for young persons
• mental health agencies
• child welfare offices
• youth justice committees

Last Reviewed: January 2020

The police may charge you with an offence.

Or the police may refer your file to a Crown prosecutor. A Crown prosecutor is a lawyer who takes criminal cases to court on behalf of the government. The Crown prosecutor will review your file. The Crown prosecutor has discretion to use extrajudicial measures or proceed with extrajudicial sanctions (before or after laying a charge against you). The Crown prosecutor could also decide to lay charges against you and your case will proceed to a trial in youth court.

Last Reviewed: January 2020

If the police use extrajudicial measures, you will not have a court record.

However, the police must keep a record of any extrajudicial measures taken against you. This makes it easier for the police to identify a pattern of re-offending, should you get into trouble with the law again. It also allows them to make informed decisions about any subsequent allegations against you. So, even if you receive only a warning or caution, there will still be a police record on you.

Access to records of extrajudicial measures (other than extrajudicial sanctions) is restricted to the following persons for limited purposes:

• a police officer or the attorney general, so that they can make a decision about whether to use an extrajudicial measure for you again;
• a person participating in a conference to decide on the appropriate extrajudicial measure to use in your case;
• a police officer for the purpose of investigating an offence.

The restrictions on the use of records of extrajudicial measures do not apply to records about extrajudicial sanctions.

For more information, see the Government of Canada’s Youth Records webpage.

Last Reviewed: January 2020

Extrajudicial sanctions are conditions that you must fulfill and are outside of the court process. These come into play once you have been charged with an offence.

At the court hearing, the court may decide that you are eligible for extrajudicial sanctions. You may be eligible for extrajudicial sanctions:

• depending on the offence you committed
• if you have not been referred for extrajudicial sanctions in the past two years
• if you accept responsibly for the offending behavior
• if you agree to participate in the program
• if you have spoken to a lawyer about your rights

These sanctions are only available if you admit responsibility for the offending behaviour and agree to participate in the program. However, if you admit responsibility, this cannot be used as evidence if the charges later proceed to youth court.

If you successfully complete the extrajudicial sanctions within the given time period (usually 3-4 months), your charges will be withdrawn.

Last Reviewed: January 2020

Extrajudicial sanctions are a more formal type of extrajudicial measure. Sanctions are used when extrajudicial measures are not appropriate in the situation.

Extrajudicial sanctions are usually considered after a young person has been charged with an offence.

Last Reviewed: January 2020

You will either be referred to a probation officer or to a youth justice committee for a conference. The probation officer or committee will meet with you and work with you to create conditions that are meaningful and achievable for you. Your parents, social worker and other supports may also be included in the conference.

Sanctions are meant to recognize and repair the harm you have done to those affected by your actions. For example, if you are being charged with shoplifting, your sanctions might include writing a letter of apology to the store, reflecting on your behaviour, community service or personal service (for a family member).

If you successfully complete the agreed upon conditions within the given time period (usually 3-4 months), the charges will be withdrawn – meaning they will not appear on your record. If you do not complete the conditions, the charges will remain.

Last Reviewed: January 2020

Extrajudicial sanctions can include:

• attending and taking part in counseling
• making restitution (paying money or returning property) to the victim, if there is one
• doing some work for or helping out the victim in some way (for example, gardening or shoveling snow)
• apologizing to the victim (in person or in writing) and acknowledging the harm you have caused
• making a donation to a charity
• doing community service for a non-profit agency
• writing an essay about your behaviour

Last Reviewed: January 2020

A youth justice committee is a committee of citizens (usually volunteers) that help administer the YCJA or provide programs or services to young persons.

There are various youth justice committees across the country, each with different focuses. For example, a youth justice committee might be a non-profit organization or a community group.

Youth justice committees can do the following under the YCJA:

• give advice on the appropriate extrajudicial measures;
• support the people affected by the incident committed by the young person. This can include asking their concerns and facilitating reconciliation between them and the young person;
• Arranging for community supports for the young person, including coordinating with government services or agencies;
• Convening conferences for the purposes of advising on extrajudicial measures, extrajudicial sanctions, judicial interim release conditions and sentencing options.

Last Reviewed: January 2020

A conference is a meeting with the youth justice committee and other supports, such as your parents, a social worker or a police officer. These conferences are convened under s. 19 of the YCJA and are sometimes referred to as “section 19 conferences”.

At the conference, the group (including you) will discuss what extrajudicial sanctions are appropriate for you. Sanctions should be meaningful and achievable for you. You can get creative!

Last Reviewed: January 2020

The Crown prosecutor will proceed with the charges against you. For more information, see the Youth FAQs on Youth Court.

Last Reviewed: January 2020

You will be given a deadline to complete the extrajudicial sanctions, usually 3-4 months. If you do not complete the sanctions within that period, you may be able to get an extension. If you refuse to complete the extrajudicial sanctions, then the Crown prosecutor will proceed with the charges against you. For more information, see the Youth FAQs on Youth Court.

Last Reviewed: January 2020

If you successfully complete the sanctions, the charges will be withdrawn. This means they will not show up as a criminal record.

However, records of the extrajudicial sanctions will still be kept for two years from the time you agree to the sanctions. Section 119 of the YCJA sets out who has access to your records. The list includes:

• you, your parents or any adult who assisted you during proceedings, your lawyers and the victims of your offences;
• any peace officer for law enforcement purposes or for any purpose related to the administration of the case;
• a judge, court or review board;
• any person carrying out a criminal record check;
• any person that a judge considers has a valid interest in the record if the judge is satisfied that accessing the record is desirable in the interest of the proper administration of justice, or in the public interest for research or statistical purposes.

For more information, see the Government of Canada’s Youth Records webpage.

Last Reviewed: January 2020

Yes. Your parents have to be informed if you enter into an extrajudicial sanctions program. The probation officer or the Youth Justice Committee usually consults parents. Parents are also encouraged to have some input into the activities that you will undertake as part of the program.

Last Reviewed: January 2020