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Extrajudicial Measures (Sec. 6 YCJA) - (Youth Criminal Justice Act)
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Extrajudicial Measures.
Measures other than judicial proceedings that can be used by police to deal with Young Persons who have committed a crime.
Objectives of EMJs. 5 YCJA
- Provide and effective and timely response to offending behavior
- Encourage YP to acknowledge and repair the harm caused to victim and the community
- Encourage families of young persons and the community to become involved in the design and implementation of those measures
- Provide an opportunity for victims to participate in decisions related to the measures selected and to receive reparation
- Respect the rights and freedoms of YP and be proportionate to the seriousness of the offence
If EJM is deemed to be adequate,and if the use of EJM is consistent with the principals set out in the YCJA, nothing precludes their use in respect of a young person who:
- Has previously been dealt with by the use of EJM
- Has previously been found guilty of an offence
Principles of EJM's S. 4 YCJA
- Are often the most appropriate and effective way to address youth crime
- Allow for effective and timely interventions
- Focus on correcting the offending behaviour
- Are presumed to be adequate to hold a YP accountable for his or her offending behavior if the YP has committed a non-violent offence and has not previously been found guilty of an offence
- Should be used if they are adequate to hold a YP accountable for his or her offending behavior
Punishment is Proportionate to Crime
EJM OPTIONS
Sections 6 YCJA Directs Police Officers "Before laying a charge" or forwarding to Crown the police officer SHALL consider whether it would be sufficient to:
- Take no further action
- Warn the YP (young person)
- Refer the YP to a program that may assist the YP not to commit offences
- ( formal Caution Program not adopted in B.C. )
The Referral Option
- Requires the YP's consent
Examples:
- Police-based diversion program ( Y.I.P. etc )
- Community accountability program ( ie. R.J. )
- Any agency in the community "that may assist the YP not to commit offences" ( boys & girls club, sports clubs, cultural initiatives etc )
- Substance-use treatment programs
Authority to exchange information ( sec. 125 (6) YCJA )
...provincial director, youth worker, Crown, peace officer, or any other person engaged in providing services to YP's may disclose to any professional or other person engaged in the supervision or care of a YP, any information contained in court, police or government records if it is necessary.
- To ensure compliance ( court order )
- To ensure safety ( of anyone )
- To facilitate rehabilitation of the YP
Terrace Community Justice Forum Group
- Comprised of a coordinator, Sandy Pringle, and six trained facilitators, all volunteers
- Received the RCMP Community Justice Forum training in April 2012
- Receives referrals from RCMP and community
- 26 RCMP referrals and one non RCMP have been received to date
- Other training completed: Peace Circle Training May 2012, Working with Victims of Trauma April 2013, Community Accountability Programs May 2013
Referral
- Offender must first accept responsibility for their role in an offence and the harm caused
- Offenders and victims have to agree to participate
- Community members are often actively involved in the process as interested stakeholders and supporters
Restorative Justice Forum
Is a process by which the victims, offenders, and community address the harm caused by crime. Its aim is to achieve a fair outcome agreed upon by everyone. A trained facilitator organizes and leads the process.
Benefits of a CJF
- Victims are involved in the process
- Offender has opportunity to understand and repair the harm they did
- Timely
- Reintegration into the community
- May avoid a criminal record
Retention of information received
The person/agency receiving the information SHALL:
- Keep the information separate from any other record of the YP to whom the info relates
- Ensure no unauthorized person has access May share if necessary for purpose of S. 125 (6)
- Destroy their copy of record when information is no longer required for the purpose for which it was disclosed
YCJA Amendment Bill C-10
- 190.Section 115 of the Act is amended by adding the following after subsection (1):Extrajudicial measures
- (1.1) The police force shall keep a record of any extrajudicial measures that they use to deal with young persons.