Community Accountability Programs Information ... - Ministry of Justice

Operating proceduresThe following guidelines are meant to assist Community AccountabilityPrograms to deliver alternative justice services in a manner consistent withthe principles set out in the Youth Criminal Justice Act. Although theseguidelines are applicable to youth referrals, the information on ProgramDelivery Expectations and Eligibility Criteria may be applicable to adultreferrals also.NoteThe following guidelines apply to Community Accountability Programs that offerconferencing services, but they do not apply and should not be confused with the specificconferencing provisions of the YCJA (Section 19), which allow the police (among others)the discretion to conduct a conference about a young person for the purposes ofdetermining the appropriate course of action under the YCJA. If, as a result of a policeinitiatedconference, the police decide to refer the young person to a CommunityAccountability Program, the police will inherently have an interest in the process andoutcomes, as they are accountable under the Police Act. If a Community AccountabilityProgram process is deemed to be flawed, clearly biased, unfair, or lacking due process, theofficer is obliged to withdraw the matter and take appropriate action.PROGRAM DELIVERY EXPECTATIONSThe Pre-Charge Protocol forms the operational basis for the delivery ofservices by Community Accountability Programs, which are required tocarry out the following:• Ensure that the police have provided the program with the writtenconsent of the victim and offender (and, if they are under the age of 19,of their parent or guardian) for the release of personal information(including name, address, and telephone number). The written consentshould be provided to the program before the program initiates contactwith the victim and offender.• Assess the victim’s needs and willingness to voluntarily participate inthe process.• Assess the young person’s needs and ensure acceptance ofresponsibility.• Assess the community’s needs and the willingness of communitymembers to participate in a conferencing process.• Explain to the victim, offender, and all other participants the justiceprocess, the conferencing process, and their roles in each.Getting Started 44