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Community Accountability Programs Information ... - Ministry of Justice

Community Accountability Programs Information ... - Ministry of Justice

Community Accountability Programs Information ... - Ministry of Justice

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• The harm done to victims and whether it was intentional or reasonablyforeseeable para.38(3)(b)• Any reparation made by the YP to the victim or the community para.38(3)(c)Protective MeasuresA <strong>Justice</strong> has jurisdiction to make an order under Section 810 (recognizance – fear orinjury <strong>of</strong> damage) <strong>of</strong> the Criminal Code in respect <strong>of</strong> a YP subs.20(2)Objectives <strong>of</strong> extrajudicial measurespara.5(d)Extrajudicial measures provide an opportunity for victims to participate in decisionsrelated to the measures selected and to receive reparation.Extrajudicial sanctions s.12Victims are entitled, on request, to information about the identity <strong>of</strong> the YP and how the<strong>of</strong>fence was dealt with when extrajudicial sanctions were used.Youth <strong>Justice</strong> Committees s.18Youth <strong>Justice</strong> Committees may support the victim by soliciting their concerns orfacilitating reconciliation.Victim fine surcharge s.53The YCJA allows the province to use a percentage <strong>of</strong> a fine for the assistance <strong>of</strong> victimsand allows for a surcharge to be ordered where the province does not establish one.Publication s.111(see “Rules governing young witnesses and victims”, p.102)Unchanged from the YOAAs with the YOA• Victims should be interviewed for a pre-sentence report if reasonably possiblepara.40(2)(b)• Victim impact statement provisions <strong>of</strong> the CC apply to youth sentenceproceedings s.50• Publication <strong>of</strong> the identity <strong>of</strong> child or young victims and witnesses is NOTpermitted except as provided for in the Act (see “Rules governing youngwitnesses and victims,” p.102) s.111

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