Extrajudicial Measures

The Youth Criminal Justice Act (YCJA) encourages the use of responses outside the formal court process for youth aged 12 to 17 called “extrajudicial measures.” These measures allow for effective and timely responses to youth who come in contact with the criminal justice system.

What are extrajudicial measures?

Extrajudicial measures are used by police officers and Crown prosecutors to hold youth accountable for alleged criminal offences, without going through the formal court process. They can be used before or after a youth is charged.

Youth do not need to admit guilt or responsibility for an alleged criminal offence for extrajudicial measures to be used. The use of extrajudicial measures cannot be used as evidence in court to show a youth’s previous offending behaviour.

What are the types of extrajudicial measures?

The types of extrajudicial measures in the YCJA are:

• No further action: the police decide no further response is required
• Police warning: an informal verbal warning
• Police caution: a more formal warning, such as a letter requiring the youth and their parents to appear at the police station
  •  A police caution can only be used when there is a “police cautions program” in the province or territory
• Referral to community program: with the youth’s consent, police can refer them to a community program or agency to help prevent future offences
• Crown caution: similar to a police caution, but given by Crown prosecutors after police refer the case to them
  • A Crown caution can only be used when there is a “Crown cautions program” in the province or territory
• Extrajudicial sanction: a more formal response when other extrajudicial measures are not adequate
  • Extrajudicial sanctions are applied through formal programs set up by provinces and territories

When are extrajudicial measures used?

The YCJA encourages the use of extrajudicial measures when they are appropriate and effective to address youth crime. The YCJA presumes that these measures are adequate to hold a youth accountable for first-time and non-violent offending behaviour. These measures can be used if a youth has previously been dealt with by an extrajudicial measure or found guilty of an offence.

Extrajudicial measures are also considered adequate for many “administration of justice offences.”

Police officers are required to consider the use of extrajudicial measures before charging a youth. They must also keep a record of any extrajudicial measure they use to deal with a youth.

What are the benefits of extrajudicial measures?

There are many benefits to using extrajudicial measures, such as they:

• often offer the most appropriate and effective way to address less serious cases
• allow for effective and timely responses that help address the reasons for youth offending behaviour
• encourage youth to acknowledge and repair the harm caused to the victim and the community
• provide opportunities for the community to be involved, allowing youth courts to focus on more serious cases

Extrajudicial Sanctions

What are extrajudicial sanctions?

Extrajudicial sanctions are more formal responses than extrajudicial measures. They are only used when other extrajudicial measures are not adequate to hold youth accountable. Examples include:

• community service
• volunteer work
• compensating the victim
• attending specialized programs or counselling

How are extrajudicial sanctions used?

Extrajudicial sanctions can be used before or after a youth is charged. However, extrajudicial sanctions must be applied formally through a program approved by the Attorney General of Canada or authorized in the province or territory because of potential legal consequences, such as:

• the case may go through the formal court process, if a youth does not comply with the sanction
• evidence that a youth has previously been dealt with by an extrajudicial sanction can be used at sentencing for a later offence

Given the more serious legal consequences of extrajudicial sanctions, the YCJA has specific rules and protections for youth who may be dealt with by these measures, including:

• youth must accept responsibility for their offending behaviour before an extrajudicial sanction is applied (this is not the same as pleading guilty)
• any admission of responsibility made as part of the sanction cannot be used as evidence in any court proceedings
• youth must give informed consent to the use of an extrajudicial sanction and be told what it involves before agreeing to it
• youth have the right to speak with a lawyer before consenting to an extrajudicial sanction
• parents must be notified when an extrajudicial sanction is used
• victims have the right to information about the youth’s identity and how they have been dealt with if an extrajudicial sanction is used
• a Crown prosecutor must believe there is sufficient evidence to proceed with the prosecution of the alleged offence, and there are no legal reasons preventing the prosecution from moving forward