Community Accountability Programs Information ... - Ministry of Justice

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