Community Accountability Programs Information ... - Ministry of Justice
Community Accountability Programs Information ... - Ministry of Justice Community Accountability Programs Information ... - Ministry of Justice
• Facilitate restorative justice conferences.• Provide follow-up service to the victim and offender, including themonitoring of the agreement.• Ensure that the agreement reached does not impose an outcome that ismore onerous than what the young person would reasonably expectthrough the traditional criminal justice system process, and that theoutcome is fair and proportionate to the crime.• Ensure that opportunities exist in the community for the young personto make amends.• Recognize that all discussions, notes, recordings, documentation, orwritten reports associated with the process are deemed to beconfidential and are subject to all of the provisions related toconfidentiality and youth records set out in the YCJA.• Ensure that a sufficient training plan is in place which incorporates theparticulars associated with the conferencing process.ELIGIBILITY CRITERIABefore a youth is accepted by a Community Accountability Program, theprogram representative(s) should confirm with the police that the followingminimum requirements have been met or are understood:• The referral is considered appropriate with regard to the interests of thevictim, the young person, and the community.• Referrals are made by the police for Category 3 and 4 offences only.(See Appendix A.)• Situations involving sexual offences, relationship violence/abuse, childabuse, and hate-motivated crimes are not referred.• Prosecution of the offence is not barred by law.• There must be demonstrated community and criminal justice systemsupport, including the support of victim services organizations.• If a community-based conferencing process occurs, the young personmust attend.• Every effort should be made to ensure that the young person isaccompanied by a parent or other supportive person.• For pre-charge police-based referrals to Community AccountabilityPrograms, there is no legal recourse for non-compliance.Getting Started 45
CONFERENCING GUIDELINESAt all times – Confidentiality is paramountConfidentiality is paramount. Programs must ensure that the followingguidelines are understood by all participants involved:• Community Accountability Program conference participants will beexpected to keep confidential any information shared during aconference. Participants should be advised, however, that there are nolegal provisions protecting the confidentiality of such information (apartfrom the information that would identify the young person or a victimunder 18). For example, conference participants could be subject tosubpoena regarding information obtained during a conference that isconsidered relevant in other civil or criminal proceedings.• There are legal limits on the use of statements made by youths in prechargeextrajudicial measures. In general, statements cannot be used insubsequent proceedings, although absolute confidentiality cannot beguaranteed.• The youth’s identity and other information regarding his or herparticipation in the offence can only be disclosed in accordance withthe provisions of the YCJA. (Note: Police are obliged to inform the victimof the young person’s identity.)• Information regarding a youth’s participation in a CommunityAccountability Program conference may not be used in any subsequentcourt proceedings as evidence of prior offending, but it may be sharedwith other law enforcement personnel.Before, during, and after a conferenceBefore a conferenceis convened• Policies to deal with criminal record checks, conflict ofinterest, and breach of confidentiality for all participantsmust be in place.• The victim, young person, and community members areactively involved in the justice process at the outset.• All victims and young persons who participate in aCommunity Accountability Program conference are madeaware of support services available to them in theircommunities.Getting Started 46
- Page 12 and 13: clarify the offender’s version of
- Page 14 and 15: • Who has a stake in this situati
- Page 16 and 17: Is the future addressed?• Is ther
- Page 18 and 19: Administering the program• Ensure
- Page 20 and 21: • If a young person is dealt with
- Page 22 and 23: Guidelines for working with victims
- Page 24 and 25: • Information on the justice syst
- Page 26 and 27: committed, they then decide how to
- Page 28 and 29: • The offender must accept respon
- Page 30 and 31: Diversion strategies and measures b
- Page 32 and 33: and how offences are affecting your
- Page 34 and 35: • Victim services and other justi
- Page 36 and 37: undertake each action, and set real
- Page 38 and 39: • Effects of victimization• Wor
- Page 40 and 41: • Volunteers and any other person
- Page 42 and 43: RECORDS MANAGEMENTThe goal of a rec
- Page 44 and 45: of the provincial government. The p
- Page 48: Before a conferenceis convened(cont
- Page 51 and 52: General criteriaCommunity Accountab
- Page 53 and 54: • Whether and how it has changed
- Page 55 and 56: AppendicesAppendix A - Categories o
- Page 57 and 58: CATEGORIES OF OFFENCES* Please note
- Page 59 and 60: VICTIMS OF CRIME ACT[RSBC 1996] CHA
- Page 61 and 62: "victim service" means a service th
- Page 63 and 64: Goals(d) if the offender is or will
- Page 65 and 66: Validity of proceeding, etc.11 (1)
- Page 67 and 68: Appendix C - References to Victims
- Page 69 and 70: • The harm done to victims and wh
- Page 71 and 72: Appendix D - References to Victims
- Page 73 and 74: Appendix E - Victim Service Directo
- Page 75 and 76: Appendix F - Extrajudicial Measures
- Page 77 and 78: measures if the YP has previously b
- Page 79: Appendix G - Restorative Justice Pr
- Page 82 and 83: Provincial Directory of Restorative
- Page 84 and 85: Port McNeillPrince GeorgePrince Rup
- Page 86 and 87: Community Youth Justice ProgramFras
- Page 88 and 89: 100 Mile House Community Accountabi
- Page 90 and 91: Justice Alternatives - Lakes Distri
- Page 92 and 93: West Shuswap Alternative MeasuresCo
- Page 94 and 95: Chilliwack Restorative Justiceand Y
• Facilitate restorative justice conferences.• Provide follow-up service to the victim and <strong>of</strong>fender, including themonitoring <strong>of</strong> the agreement.• Ensure that the agreement reached does not impose an outcome that ismore onerous than what the young person would reasonably expectthrough the traditional criminal justice system process, and that theoutcome is fair and proportionate to the crime.• Ensure that opportunities exist in the community for the young personto make amends.• Recognize that all discussions, notes, recordings, documentation, orwritten reports associated with the process are deemed to beconfidential and are subject to all <strong>of</strong> the provisions related toconfidentiality and youth records set out in the YCJA.• Ensure that a sufficient training plan is in place which incorporates theparticulars associated with the conferencing process.ELIGIBILITY CRITERIABefore a youth is accepted by a <strong>Community</strong> <strong>Accountability</strong> Program, theprogram representative(s) should confirm with the police that the followingminimum requirements have been met or are understood:• The referral is considered appropriate with regard to the interests <strong>of</strong> thevictim, the young person, and the community.• Referrals are made by the police for Category 3 and 4 <strong>of</strong>fences only.(See Appendix A.)• Situations involving sexual <strong>of</strong>fences, relationship violence/abuse, childabuse, and hate-motivated crimes are not referred.• Prosecution <strong>of</strong> the <strong>of</strong>fence is not barred by law.• There must be demonstrated community and criminal justice systemsupport, including the support <strong>of</strong> victim services organizations.• If a community-based conferencing process occurs, the young personmust attend.• Every effort should be made to ensure that the young person isaccompanied by a parent or other supportive person.• For pre-charge police-based referrals to <strong>Community</strong> <strong>Accountability</strong><strong>Programs</strong>, there is no legal recourse for non-compliance.Getting Started 45