Community Accountability Programs Information ... - Ministry of Justice
Community Accountability Programs Information ... - Ministry of Justice Community Accountability Programs Information ... - Ministry of Justice
The following information was taken directly from the Youth Criminal Justice ActCanada Pocket Guide 2003 - British Columbia Edition, originally published by theProvince of Nova Scotia, and is based on Moving Forward: Pocket Guide to the YouthCriminal Justice Act Canada.EXTRAJUDICIAL MEASURESSummaryThese are measures that can be used by the police and Crown attorneys to deal withYPs without using the formal youth justice court system. Extrajudicial measures includeextrajudicial sanctions, which is the formal program known as Alternative Measuresunder the YOA.Before laying a charge or referring the matter to extrajudicial sanctions, a police officerSHALL consider whether it would be sufficient to• Take no further action subs.6(1)• Warn the YP subs.6(1)• Administer a caution (if a program is established s.7) subs.6(1),7• Refer the YP to a program or agency in the community that may assist the YPnot to commit offences. This option requires that the YP consent to the referral.subs.6(1)The Crown may also issue a formal caution under s.8 if such a program is established.If a YP cannot be adequately dealt with by warning, caution, or referral, the YP may bereferred to an extrajudicial sanctions program. subs.10(1)Principles governing extrajudicial measures s.4(subject to the overall principles in s.3)Extrajudicial measuresabcare often the most appropriate and effective way to address youth crimeallow for effective and timely interventions focused on correcting offendingbehaviourare presumed to be adequate to hold first-time, non-violent offendersaccountableANDdshould be used when they are adequate to hold a YP accountable for theiroffending behaviour. Nothing in the YCJA prohibits the use of extrajudicial
measures if the YP has previously been dealt with by extrajudicial measures orhas been found guilty of an offenceObjectives of extrajudicial measures s.5Extrajudicial measures should be designed toabcdprovide an effective and timely response to offending behaviour outside ofjudicial proceedingsencourage YPs to acknowledge and repair the harm caused to the victim and thecommunityencourage the involvement of families, including extended families and membersof the community, in designing and implementing the measuresprovide victims with an opportunity to participate in decisions that relate to themeasures that are selected, and to receive reparationANDerespect the rights and freedoms of YPs, and be proportionate to the seriousnessof the offenceWarnings, cautions, and referralsBefore a police officer can refer a matter to the formal extrajudicial sanctions program orlay a charge, they shall consider whether it would be sufficient based on the principlesof extrajudicial measures to• take no further action• warn the YP• administer a caution if a program has been established• with the YP’s consent, refer them to a program or agency in the community thatmay assist the YP not to commit offences. subs.6(1) Examples includerecreation, drug dependency, or counseling programsThe failure of a police officer to consider these options does not make any subsequentcharges against the YP for the offence invalid. subs.6(2)The Crown also has the option of administering a caution if a program is established.s.8
- 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
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- Page 42 and 43: RECORDS MANAGEMENTThe goal of a rec
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- Page 46 and 47: • Facilitate restorative justice
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- 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
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- Page 63 and 64: Goals(d) if the offender is or will
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- 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: Appendix F - Extrajudicial Measures
- 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
- Page 96 and 97: Clearwater Restorative Justice Prog
- Page 98 and 99: Cranbrook Community Restorative Jus
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- Page 110 and 111: Secwepemc Community JusticeContact
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- Page 116 and 117: Langley Youth and Family ServicesCo
- Page 118 and 119: Justice Alternatives for MackenzieC
- Page 120 and 121: Community Peacemaking CirclesContac
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- Page 124 and 125: Peachland Restorative JusticeContac
measures if the YP has previously been dealt with by extrajudicial measures orhas been found guilty <strong>of</strong> an <strong>of</strong>fenceObjectives <strong>of</strong> extrajudicial measures s.5Extrajudicial measures should be designed toabcdprovide an effective and timely response to <strong>of</strong>fending behaviour outside <strong>of</strong>judicial proceedingsencourage YPs to acknowledge and repair the harm caused to the victim and thecommunityencourage the involvement <strong>of</strong> families, including extended families and members<strong>of</strong> the community, in designing and implementing the measuresprovide victims with an opportunity to participate in decisions that relate to themeasures that are selected, and to receive reparationANDerespect the rights and freedoms <strong>of</strong> YPs, and be proportionate to the seriousness<strong>of</strong> the <strong>of</strong>fenceWarnings, cautions, and referralsBefore a police <strong>of</strong>ficer can refer a matter to the formal extrajudicial sanctions program orlay a charge, they shall consider whether it would be sufficient based on the principles<strong>of</strong> extrajudicial measures to• take no further action• warn the YP• administer a caution if a program has been established• with the YP’s consent, refer them to a program or agency in the community thatmay assist the YP not to commit <strong>of</strong>fences. subs.6(1) Examples includerecreation, drug dependency, or counseling programsThe failure <strong>of</strong> a police <strong>of</strong>ficer to consider these options does not make any subsequentcharges against the YP for the <strong>of</strong>fence invalid. subs.6(2)The Crown also has the option <strong>of</strong> administering a caution if a program is established.s.8
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