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Community Accountability Programs Information ... - Ministry of Justice

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Dealing with the <strong>of</strong>fenderBesides formal court proceedings, there are two methods for holding aperson accountable for <strong>of</strong>fences. These are:• Informal police-initiated resolution• Formal Crown-initiated resolution (also known as “alternative measuresprograms”)Both methods are used for adults and youth. For cases involving young<strong>of</strong>fenders, the Youth Criminal <strong>Justice</strong> Act (ss. 4-12) outlines specificrequirements for the use <strong>of</strong> these methods, both <strong>of</strong> which are referred to inthe Act as “extrajudicial measures.”Extrajudicial MeasuresBoth the police and Crown have the ability to impose extrajudicial measures in certaincircumstances.• Informal police-initiated resolution is referred to in the YCJA as “informalextrajudicial measures.” Examples include warnings, cautions, and referrals tocommunity programs, such as <strong>Community</strong> <strong>Accountability</strong> <strong>Programs</strong>, which may helpthe young person avoid committing further <strong>of</strong>fences.• Formal Crown-initiated resolution is referred to in the YCJA as “extrajudicialsanctions.” These sanctions are analogous to the alternative measures programsprovided for in the Criminal Code and the former Young Offenders Act. In these cases,Crown refers an individual to a probation <strong>of</strong>ficer or an accredited program. Formalconsequences are imposed if the individual fails to comply with the terms <strong>of</strong> his or heragreement. Extrajudicial sanctions are considered the most formal type <strong>of</strong> extrajudicialmeasure. 5For more information on extrajudicial measures and the YCJA, see Appendix F.Informal police-initiated resolutionWhen police attend the scene <strong>of</strong> an alleged <strong>of</strong>fence, they investigate theincident, speak with the victim, interview witnesses, and deal with thealleged <strong>of</strong>fender. If victims require support, the police <strong>of</strong>ficer refers them tovictim services organizations in the community. Once the police havedetermined, on reasonable and probable grounds, that a crime has been5 Under the Youth Criminal <strong>Justice</strong> Act, extrajudicial sanctions may be used only if theyouth admits to the <strong>of</strong>fence and only if he or she cannot be adequately dealt withthrough the less formal measures, namely, a warning, caution, or referral.Guidelines for Working with Victims and Offenders 24

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