FAQs

Formerly known as the Alternative Measures Program, the Extrajudicial Sanctions Program is an alternative to the court system for young people aged 12 to 17 who have committed a less serious type of offence. The young person is diverted from the court system as they appear before a Youth Justice Committee (YJC) in their community. The YJC is authorized to work with the young person and their crime.  Section 18 of the federal Youth Criminal Justice Act provides an opportunity for citizens to become directly involved in the administration of youth justice by forming Youth Justice Committees (YJCs).

For further information, see Community sentences | Alberta.ca

Law enforcement agencies (RCMP, municipal/town police) are encouraged to consider the least intrusive response to youth crime, while holding young people accountable for their actions. The Crown Prosecutor also has the duty to respond to youth crime in the least intrusive manner. When a warning, caution, or referral is thought to be inadequate to deal with a young person (because of the seriousness of the crime, the nature and number of previous offences, or any other aggravating factors), law enforcement or Crown Prosecutor can utilize the Extrajudicial Sanctions Program.  Getting referred to the Extrajudicial Sanctions Program is a privilege extended to your child and provides them with an opportunity to deal with their offence outside of the court system. A youth criminal record will be automatically expunged after a two-year period as long as your child does not commit further crimes. When young people have committed an eligible offence, accept responsibility for their actions, and agree to participate in the program, they are eligible for Extrajudicial Sanctions and can be referred to a youth justice committee.

It can offer family support and an opportunity for your child to take responsibility for their actions. It provides an opportunity for you as parents to seek support and access resources in dealing with your child. It gives your child the chance to speak for themselves. It provides the opportunity for your child to avoid a criminal record after a two-year period if they commit no further crimes.

A Youth Justice Committee (YJC) volunteer or staff person will contact you and your child to set up a time and date for YJC Meeting. Two or three YJC volunteers will attend the meeting with you and your child, it is beneficial for you to attend the meeting with your child. The meeting usually takes about one hour as volunteers will ask your child about the incident, homelife, school, and social life, in order to understand the circumstances surrounding the incident. They will ask about special interests, activities and goals your child might have.  YJC volunteers will determine sanctions, then your child will be required to sign an agreement stating that they will complete the sanctions within the given time frame.

You will be asked to attend the YJC meeting to provide input on your child’s behavior, the consequences (if any) you have assigned at home, and your ideas on what conditions you think are appropriate for your child. They may ask about other concerns that you may have about your child.

Your support is crucial. The agreement made between the Youth Justice Committee and your child is meant to ensure that your child accepts responsibility for their actions and assumes the responsibility to successfully complete the Extrajudicial Sanctions Program. Agreements are not intended to impact parents; however, the more support you can give your child, the greater the likelihood that they will be successful.

Sanctions will be logical and meaningful to your child. These are examples of Sanctions:

• A letter of apology
• Community service
• An essay or poster
• A donation to a registered charity
• Restitution to the victim
• Referral to a program

Sanctions chosen are not to be more severe than a youth court judge would hand down; adequately hold the young person accountable for their behaviour; uphold the rights and freedoms of both young person and victims; be the least intrusive form of sanctions while protecting the community; and involve the community where possible.

It is your child’s responsibility to complete the terms of the Agreement. Encourage your child to contact one of the volunteers to discuss the difficulties they are having in completing the sanctions. The Youth Justice Committee members will make every effort to support your child in completing them.

The Youth Justice Committee members will follow up with your child to ensure that they have completed the assigned Sanctions and return your child’s file to the Crown Prosecutor or law enforcement agency.

If a Judge has referred your child to the Extrajudicial Sanctions Program, this is referred to as a “post-charge” referral. In this case, your child must attend their next court date, even though they successfully completed the Extrajudicial Sanctions Agreement.  Since your child has successfully completed the Agreement, the criminal charge will not proceed, or if already laid, will be withdrawn in court and the youth criminal record will be automatically expunged after a two-year period (if your child commits no further crimes) and there will be no formal youth criminal record.

Your child is considered unsuccessful in the Extrajudicial Sanctions Program. The file for your child is returned to the Crown Prosecutor who will most likely continue with legal proceedings, or the law enforcement officer may lay a criminal charge on your child. If the matter is dealt with in youth court, and the youth either pleads guilty or is found guilty, a criminal record is placed on your child. This record stays with your child for a minimum of one (1) year on absolute discharge files and up to three (3) to five (5) years or more, depending on the seriousness of the offence and the length of the sentence from the court.

A youth record will not stop them from travelling within Canada, but it can stop them from travelling to other countries. Some countries – including the United States – will not let them in, even for a visit, if they have a record. It is best to verify with the immigration office of the country you are visiting prior to making travel plans.  

A record is anything that contains information created or kept for the purposes of the Youth Criminal Justice Act or for investigating an offence that could be prosecuted under the Act. Almost any contact with the justice system creates a record. This includes arrests, charges and sentences. A record may contain information provided by family members, neighbours, school authorities and victims.  Records for most criminal offences are sent to the RCMP who share adult records with police and border officials of other countries.

One of the biggest differences between the youth justice system and the adult justice system is that young people’s privacy is protected, and their personal information is kept confidential. Access to your child’s youth record is restricted except in very limited circumstances. However, if another country obtains the information, they may decide to keep it in their files well after the access period. Only in Canada does a youth record have to be closed after a certain time. 

Any record, no matter how minor the offence, can keep a person from getting into other countries. For example, in the United States, it is often up to the individual border guard where you are crossing to decide whether you get in. If a person has a youth record and it has been shared with the United States, it is impossible to know when they might be refused entry. The United States is one of the countries where a person may need a travel waiver to enter if they have a record.

Youth records in Canada are sealed or destroyed after a specific period of time has passed, as long as the youth has not re-offended. As well, during the period that the record is open, only certain people are allowed access to it.

Formerly known as the Alternative Measures Program, the Extrajudicial Sanctions Program is an alternative to the court system for young people aged 12 to 17 who have committed a less-serious type of offence. The young person is diverted from the court system and instead, appears before a Youth Justice Committee in their community who is authorized to deal with the young person and their crime.  Section 18 of the federal Youth Criminal Justice Act provides an opportunity for citizens to become directly involved in the administration of youth justice by forming Youth Justice Committees (YJCs).

For further information, see Community sentences | Alberta.ca

The Law Enforcement Agency (RCMP, or municipal/town police) or Crown Prosecutor can utilize the Extrajudicial Sanctions Program when a warning, caution, or referral is thought to be adequate to deal with a young person because of the seriousness of the crime, the nature and number of previous offences, or any other aggravating factors. While holding young people accountable for their actions, the Law Enforcement Agency and Crown Prosecutor respond to youth crime in the least intrusive manner as directed by the Youth Criminal Justice Act.

Young people are eligible for Extrajudicial Sanctions when they have committed an eligible offence, accept responsibility for their actions, and agree to participate in the program. It is not the Youth Justice Committee’s responsibility to establish guilt in the case, but rather to deal with pending charges at a community level.

Getting referred to the Extrajudicial Sanctions Program is a privilege extended to this young person and provides them an opportunity to deal with their offence outside of the court system. A youth criminal record will be automatically expunged after a two-year period (if the young person commits no further crimes).

• “Victims 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,
• victims should be provided with information about the proceedings and given an opportunity to participate and be heard”

You have the right to access youth court records and may be given access to other records (e.g. government or police records). You also have the right to know if the young person has been given Extrajudicial Sanctions, which are arranged outside of Court.

You have an opportunity to express how the crime has affected you through a written or verbal Victim’s Impact Statement or attend the Youth Justice Committee Meeting with the youth and their family.  Additionally, restitution, if applicable, may be used by the Youth Justice Committee to help repair the harm that was caused to you.

The program operates under the philosophy of restorative justice (a response to crime which emphasizes healing the wounds of victims, offenders, and communities). Through listening to the youth, parents and you, the Youth Justice Committee members will decide the best Sanctions for the youth.

When a file is received by a Youth Justice Committee (YJC), a committee volunteer will phone you, the young person, and their parents to gather information that might be helpful to know before the YJC meeting.  They will ask you for your perspective and explain that they will be taking that information to the meeting, unless you would like to attend the meeting, and you information will be used when determining Sanctions.

They will also want to know about:

• your interest in receiving monetary compensation, and/or a personal/written apology from the offender in the event of an agreement being negotiated, and
• the amount of financial loss not covered by insurance, which may have resulted from the offence(s) (i.e. insurance deductibles), you may be asked for proof (receipts) of the costs you paid.

There will usually be two or three volunteers at the YJC Meeting. At this meeting, which usually takes about one hour, Youth Justice Committee members will question the young person about the incident. They may also ask other questions about their home, school, and social life to understand the circumstances surrounding the incident. They will ask about special interests, activities and goals the young person might have. 

Youth Justice Committee members may ask for the parents for their input about the young person’s behavior, any consequences they have assigned at home, and what conditions they consider appropriate for the young person. Youth Justice Committee members may also ask about other concerns that they may have about their child. 

Youth Justice Committee members will determine Sanctions, then the young person will be required to sign an agreement stating that they will complete the consequences within the given time frame. 

If you would like to participate in the YJC meeting, please inform the YJC member who calls you to discuss the incident.

“Within the limits of fair and proportionate accountability, the measures taken against young persons who commit offences should:

1. reinforce respect for societal values,
2. encourage the repair of harm done to victims and the community,
3. be meaningful for the individual young person given their needs and level of development and, where appropriate, involve the parents, the extended family, the community and social or other agencies in the young person’s rehabilitation and reintegration, and
4. respect gender, ethnic, cultural and linguistic differences and respond to the needs of aboriginal young persons and of young persons with special requirements”

Sanctions chosen are not to be more severe than a youth court judge would hand down; adequately hold the young person accountable for their behaviour; uphold the rights and freedoms of both young person and victims; be the least intrusive form of sanctions while protecting the community; and involve the community were possible.

The Extrajudicial Sanctions Agreement that is reached by the Youth Justice Committee members, after interviewing the youth, the parents/ guardians, and the victim, will be logical and meaningful. This is the objective of the Extrajudicial Sanctions Program. ‘Logical’ means that the condition fits with the crime, and ‘meaningful’ implies that the condition holds value for the youth and their further development.
These are examples of consequences:

• A letter of apology
• Community service (to a maximum of 60 hours)
• An essay or poster
• A donation to a charity (to a maximum of $200)
• Restitution to the victim if youth have the ability to pay a restitution amount
• Referral to a program

Youth Justice Committee (YJC) members will maintain your confidentiality and if a Sanction of restitution is on the Agreement the YJC will contact you on how to receive the funds.

The Agreement made between the Youth Justice Committee and the young person is meant to ensure that the young person accepts responsibility for their actions and assumes the responsibility to successfully complete the Extrajudicial Sanctions Program. 

The Youth Justice Committee members will follow up with the young person to ensure that they have completed the assigned Sanctions and return the young person’s file to the Crown Prosector or Police Agency.

If a Judge has referred the young person to the Extrajudicial Sanctions Program, this is referred to as a “post-charge” referral. In this case, the young person will be required to attend their next court date, even though they successfully completed the Extrajudicial Sanctions Agreement. 

Once the young person has successfully completed the Agreement, the criminal charge will not proceed, or if already laid, will be withdrawn in court and the youth criminal record will be automatically expunged after a two year period (if the young person commits no further crimes) and there will be no formal youth criminal record. 

If the young person does not successfully complete the Agreement, they are considered to be unsuccessful in the Extrajudicial Sanctions program. The file is returned to the Crown Prosecutor who will most likely continue with legal proceedings. If the matter is dealt with in youth court, and the youth either pleads guilty or is found guilty, a criminal record will be acquired. This record stays with the youth for a minimum of one (1) year for an absolute discharge and up to three (3) or five (5) years or more, depending on the seriousness of the offence and the length of the sentence from the court. If unsuccessful with a Police Agency referral the investigating police officer may lay criminal charges on the youth.

A Youth Justice Committee member may contact you after the closure of the file. All young persons’ files that are referred from the Crown Prosecutor’s Office and they will know which Youth Justice Committee the youth was referred to.