Criminal law

Other Measures

What is an extrajudicial sanction?

The law provides that in certain cases involving adolescents, extrajudicial measures can be used instead of laying criminal charges. For example, the police might issue a warning or refer the youth to a community organization.

Another option would be to use an extrajudicial sanction. In terms of severity, extrajudicial sanctions are somewhere between a police measure (like a warning or referral) and a finding of guilt in youth court.

Adolescents will only be eligible for extrajudicial sanctions in certain situations, which you can read about below. Also, an extrajudicial sanction will only be used if people such as the Crown prosecutor believe it will be adequate to hold the youth accountable for her actions. (The Crown prosecutor is a lawyer who brings criminal cases to court.)

When will an extrajudicial sanction be used?

Once they have evidence that a young person has committed an offence, the police will consider options other than criminal charges. These options include giving the young person a warning or referring her to a community organization.

But if the police think this kind of measure is not enough to hold the young person accountable for her actions, they can consider an extrajudicial sanction.

But don’t forget that the police always have the option of simply sending the adolescent directly to the youth court for a possible trial. Their decision will depend on the seriousness of the offence and the number of prior offences that she’s committed.

Now Ahmad feels he has a better idea of what’s going on. Of course, he still has to meet some other conditions to be eligible for extrajudicial sanctions. Let’s have a look at them…

Who is eligibile for an extrajudicial sanction?

Simply being a good candidate for extrajudicial sanctions is not enough. The Youth Criminal Justice Act (YCJA) sets out other conditions:

• The Crown prosecutor has to find that there is enough evidence against the youth regarding the alleged offence.
  
  
• The youth must accept responsibility for the offence. If she says she is innocent, she isn't eligible for the extrajudicial sanction program.
  
  
• The youth worker who studies his file must be convinced that the use of an extrajudicial sanction will benefit both the adolescent and society.
  
  
• The adolescent must freely agree to participate in the extrajudicial sanctions program.
  
  
• The adolescent must be advised of her right to be assisted by a lawyer, and must be given the chance to contact one.

Ahmis being considered for the program. He is being cooperative and admitted to breaking the window and threatening the grocery store clerk. Since he committed an violent offence, the youth worker has suggested that his sanction include participation in an anger management workshop to improve his social skills. She has also suggested that he complete 60 hours of volunteer work for the grocery store.

What kind of extrajudicial sanctions can be offered?

Here are some examples of sanctions:

Reparation to victims

The victim must agree to participate. A meeting will be held between the young person, the victim and a mediator. (A mediator helps two people come to an agreement.) Together, they try to work out the best way for the young person to make amends for the damage she caused. The young person might have to letter of apology, return any items stolen or do volunteer work for the victim.

Reparation to the community

This option will be appropriate when there isn’t an identifiable victim or when the victim does not want to participate in mediation. They can take the form of:

• A donation to a community organization
  
  
• Volunteer work

Social skills development

In some cases, extrajudicial sanctions will involve activities aimed at developing social skills of the young person. This activity could be done with a group or during a one-on-one meeting with a counselor.

What are the effects of an extrajudicial sanction on the adolescent’s record?

Ahmad just completed his anger management workshop, as well as 60 hours of volunteer work for the grocery store. He wonders whether he will have a criminal record.

It is important to note that all youth records are strictly confidential, and only specific people have access to them. The record of an adolescent who completes an extrajudicial sanction can only be accessed for two years. The two years are counted from the moment she agrees to participate in the extrajudicial sanctions program.

This means that after this period of time, Ahmad's record cannot be accessed and his run-in with the criminal justice system will be over.