Extrajudicial Sanctions Program
EYJ is sanctioned by the Government of Alberta as an authorized provider of the Extrajudicial Sanctions program.
This program is an alternative to the court system for young people aged 12 to 17 who have committed an offense. The Crown Prosecutor may only use extrajudicial sanctions when:
- It is appropriate given the needs of the youth and the interests of society
- The youth has accepted responsibility
- There is enough evidence to proceed with the charge
- The youth has agreed to the sanction, has been advised of his or her right to a lawyer and has been given an opportunity to talk to a lawyer
- Other extrajudicial measures are not enough to hold the youth accountable
Young people are referred to the Extrajudicial Sanctions when they have committed an offense, accept responsibility for their actions, and agree to participate in the program.
The Youth Criminal Justice Act also states that victims (harmed persons) should be treated with courtesy, compassion, and respect for their dignity and privacy and should suffer the minimum degree of inconvenience as a result of their involvement with the youth criminal justice system. It also states that harmed persons should be provided with information about the proceedings and given an opportunity to participate and be heard.
The conditions of an extrajudicial sanction should be reasonably achievable by the youth within a three-month time period. The terms and conditions should be fair, proportionate, and a relevant response to the offence. Extrajudicial sanctions can include:
- Verbal or written apology to the harmed person
- Counselling
- Complete an essay or research assignment
- Full or partial restitution or compensation for the harmed person ($)
- Participation in a restorative justice program
- Community service work, or direct service work to the victim
- Attend school and or maintain employment
A youth with extrajudicial sanctions will be supervised to ensure the youth is following the terms of the agreement. Parents or the youth guardian are notified about the extrajudicial sanction.
If the youth has been charged with a crime and Crown are using extrajudicial sanctions, they will delay the case in court to give the youth the chance to follow the terms of the agreement. Extrajudicial sanctions are usually completed within 3-6 months. If the youth completes the agreement, the criminal charge will not go to court. If the youth does not follow the terms, the criminal trial will go ahead.
Alternative Measures Program (AMP)
Alternatives Measures is a diversion program for adults that if successfully completed, results in no criminal record. This program provides a second chance for first-time offenders. Since January 2023, EYJ has been working with young adults aged 18 to 24 referred through this program. An accused qualifies for AMP if he or she has been charged with a minor offence. An example of a minor criminal offence is petty theft (shoplifting), mischief or causing a disturbance. Some low-level assaults qualify for admission into the program.
AMP requires an accused to take responsibility for the offence. Taking responsibility means that by entering the program, there is no finding of guilt and thus no conviction. Completion of AMP does not result in a criminal record. By taking responsibility, the accused can enter the AMP, complete its conditions, such as a restitution or community service hours, and have the criminal charges withdrawn.
It is important to understand, ONLY the Crown can agree to place an accused in Alternative Measures. If the Crown denies entry into the program, there is no other way to gain admission. Even if a Crown Prosecutor agrees to permit an accused to participate in AMP, program coordinators can deny entry and remit the accused back to be dealt by the Courts.
Once entered into AMP, the criminal charges are adjourned for approximately 4 months to permit the accused to complete the program. Once successfully completed, the Crown will withdraw the charges. If the program is not successfully completed, the Crown will simply prosecute the case using the normal channels in the Criminal Justice System.
Parents, youth and harmed persons can find more information about Extrajudicial Sanctions and Youth Justice Committees at https://ayjc.ca/faqs
