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Extrajudicial Measures

The first consideration in most cases will be extrajudicial measures, or out-of court procedures. This is because the YCJA approaches youth justice with a proportionate approach to consequences. In other words, the consequences (sentence or judge’s order) are relative to the offence and to the youth’s role in the offence.

Extrajudicial Measures allow for timely action that focuses on correcting behavior. They are intended to encourage the youth to acknowledge and repair harm done to a victim or community. Families and members of the community, including victims, may be included in deciding and carrying out Extrajudicial Measures.

Some options available to the RCMP are:

  • No further action
  • Warning – verbal or written (parents/guardians may or may not be involved)
  • Police caution – a formal warning likely in the form of a letter to the youth and the youth’s parents, maybe followed by a meeting at the police station
  • Referrals – police may refer youth to a community program (i.e., recreation program) or agency for counseling

Some options available to the Crown are:

  • Crown caution – Crown attorneys may give a caution if the case has been referred to them by the police (similar to a police caution)
  • Extrajudicial Sanctions

Extrajudicial Sanctions (EJS)

Extrajudicial Sanctions are programs, authorized by the Yukon Government, with the goal of monitoring actions for righting the wrong. They are the most formal of the Extrajudicial Measures and are available in Whitehorse through a Youth Justice Panel (and also in a number of regional communities).

Sanctions are used when a warning, a caution or a referral is not appropriate for the youth. This can be because of the seriousness of the offence, previous offences, or other matters.

A youth must accept responsibility for the offence and agree to take part in the process. Under the YCJA, the youth has the right to consult and be advised by counsel on Extrajudicial Sanctions. If the youth does not act according to the terms of the Extrajudicial Sanctions, the case may proceed through the court process.