Extrajudicial Measures

• Author: Brock Jones/Sarah Leece/Mary Birdsell/Emma Rhodes
• Pages: 137-154



Extrajudicial

Measures

6

I. Introduction .................................................... 

II. The Fundamental Principles of the Youth JusticeSystem ............... 

III. What Are Extrajudicial Measures and ExtrajudicialSanctions? .......... 

IV. Extrajudicial Sanctions ........................................... 

V. Are Extrajudicial Measures Commonly Used? AreThey Eective? ....... 

VI. Protections for Young People Who Accept Extrajudicial Measures

andExtrajudicial Sanctions ....................................... 

VII. Judicial Review .................................................. 

VIII. Crown Ethics and Decision-Making ................................ 

IX. Additional Considerations for Defence Counsel ...................... 

Appendix .: Bill C-—Extrajudicial Measures ...................... 

What Is the Purpose of This Legislation? ......................... 

Encouraging the Use of EJM ................................... 

Crown Review of Police-Laid Charges ............................ 

© 2024 Emond Montgomery Publications. All Rights Reserved.

 Prosecuting and Defending Youth Criminal Justice Cases

I. Introduction

How young persons should be held accountable for their unlawful actions remains

a matter of much debate in Canada. Are formal procedures—including an arrest,

charge, and prosecution—always necessary? Are they eective? What other means

are available when a young person is facing clear and convincing evidence that they

have committed a crime? Ensuring that we reserve the immense resources required

by the criminal justice system for serious matters is an important goal of the Youth

Criminal Justice Act (YCJA).

As mentioned in earlier chapters, the implementation of the YCJA sought to

remedy problems within the youth criminal justice system. One of those problems

was the overreliance on custody, but another problem was seen to be the high

number of prosecutions. The criminal justice system is very expensive, and there

is debate about the impact of criminal justice system involvement, especially for

low-level oences. The YCJA envisions several alternatives to a formal prosecution.

Theseare known as “extrajudicial measures.” These can occur on a pre- or post-

charge basis. Pre-charge they are referred to as extrajudicial measures (EJM); post-

charge they are referred to as “extrajudicial sanctions” (EJS).1 These measures

provide a structure for some youth criminal justice court diversion. A primary

aim of the YCJA was to increase the use of extrajudicial measures to address less

serious oences committed by young persons. Extrajudicial measures can provide

meaningful consequences to a young person, and allow early intervention to address

the young person’s underlying behaviour that led to their criminal activity. They

can be implemented and completed in a much timelier manner than a trial and

sentencing. Recent studies completed in both Canada and internationally have dem-

onstrated that community-based diversionprograms in general are as eective as

trial and sentencing at addressing youth criminality for non-violent oences.2

This chapter will briefly review the use of diversion programs in Canada’s youth

justice system since the introduction of the YCJA. It will then examine the YCJA’s

provisions on extrajudicial measures (including extrajudicial sanctions) and provide

answers to the following questions:

• Can and should the police consider alternatives to an arrest and charge of a

young person who has committed a criminal oence?

• What forms of extrajudicial measures are contemplated by the YCJA?

• When can prosecutors oer post-charge EJS to a young person?

• What are the potential consequences to a young person of agreeing to partici-

pate in extrajudicial measures?

1 Technically, EJS are a form of EJM.

2 H Wilson & R Hoge, “The Eect of Youth Diversion Programs on Recidivism: A Meta-

Analytic Review” (2013) 40 Crim Justice & Behavior 497.

© 2024 Emond Montgomery Publications. All Rights Reserved.