If you are facing youth charges, you need a criminal defence lawyer in Calgary to look at your case as soon as possible.

Youth who break the law can be eligible for extrajudicial sanctions instead of having to go to court.

Extrajudicial sanctions are when instead of filing formal charges, police officers or Crown prosecutors send a young person to an alternative resolution or program as their sentence. 

  • To be eligible, the young person has to admit what they did and agree to take part in the program.
  • Some of these options are going to school or counselling, community service, and paying the victim back for damages. 
  • The Youth Criminal Justice Act says that these punishments can only be used when a warning or caution isn’t enough, but a court case isn’t needed. 

Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help youth accused of offences beat the charge.

The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a lawyer today by calling (403) 719-6410.

Key Takeaways

  • Young people (ages 12 to 17) can take responsibility for their crimes through youth extrajudicial sanctions without having to go through the court system.
  • Section 10 of the Youth Criminal Justice Act allows for these programs, which can include community service, apologies, victim restitution, or counselling.
  • Less serious crimes, like petty theft, mischief, simple assault, and having small amounts of drugs, usually receive extrajudicial punishments.
  • Without extrajudicial sanctions, these crimes could have more severe consequences, like probation or, for more serious charges, being held in a youth detention centre for up to two years (or three years for some violent crimes).
  • Even though they are taking part in extrajudicial sanctions, young people must still follow any release conditions set by the police or the court. These could include curfews, school attendance requirements, or limits on who they can hang out with.
  • Just because a young person is sent to extrajudicial sanctions doesn’t mean they are guilty. There has to be enough proof for a charge, but this way of dealing with things understands that going to court isn’t always the best thing for a young person.
  • If the young person successfully completes the extrajudicial sanctions, the charges will be dropped or stayed, which means that they won’t have a youth criminal record.
  • If a young person doesn’t qualify for extrajudicial sanctions, our lawyers can still help them fight the charges with other defence strategies.

How Our Lawyers Help With a Youth Extra Judicial Sanction

Our lawyers know how Calgary’s youth justice system works and how to fight for resolution outside of court.

  • We can help youth before charges are filed, and in some cases we can even talk to the police or the Crown directly to get the case sent to extrajudicial sanctions right away.
  • This proactive approach could keep your child from having to go to court at all.
  • Our lawyers can collect important evidence, such as that they are doing well in school, are involved in the community, and have family support. 
  • All of these things can affect whether or not they can get sentences outside of court. 
  • For some crimes, like having drugs, they might require a youth to see a counsellor or addiction specialist to show that they are serious about recovery. 

Our lawyers know how to work with Calgary’s one-of-a-kind youth justice system. We can help your family every step of the way to make sure our youth clients meet all the requirements of them and find as positive of a resolution as possible.

Examples of Youth Extra Judicial Sanctions

  • A 15-year-old boy spray-painted graffiti on the wall of his school’s gym, which cost $400 to clean. He didn’t have to go to youth court. Instead, he had to write an apology letter to the principal, clean the school grounds for 25 hours on weekends, and go to an art program where he learned about legal street art opportunities. The charge of mischief was dropped after he completed these requirements.
  • A 13-year-old girl stole $65 worth of makeup from a department store. She had never stolen anything before this. As a result, she also had to go to two “Values and Choices” classes with other teens and work at a food bank for 15 hours. A youth worker also talked to her parents and other family members. She was able to avoid a youth record and have her theft charge dropped after meeting these conditions.
  • A sixteen-year-old pushed another student during an argument, making them fall and hurt themselves. He went to a restorative justice conference with the other student and their parents as part of his punishment. The conference was led by a trained mediator. He also worked with a youth sports group for 20 hours and took eight classes on how to control his anger. The assault charge was dropped after all of these conditions were met.

Consequences of a Youth Extra Judicial Sanctions

Youth extrajudicial sanctions are designed to help young people avoid the harsher consequences of the youth criminal justice system. These programs themselves don’t impose jail sentences or fines. Instead, they provide an alternative path that focuses on rehabilitation and making things right.

The original offences that qualify for extrajudicial sanctions typically include summary offences and hybrid offences when dealt with summarily. Under the Youth Criminal Justice Act, even if these charges proceeded to court, the penalties would be different from adult sentences. Youth don’t receive “jail time” in the adult sense but may be sentenced to custody in youth detention facilities for more serious offences.

For example, theft under $5,000 is a hybrid offence that commonly qualifies for extrajudicial sanctions for first-time youth offenders. If this charge went to youth court instead, potential consequences could include probation with conditions, community service orders, or in rare cases for repeat offenders, custody in a youth facility for up to two years. By successfully completing extrajudicial sanctions, the young person avoids these potential penalties entirely.

The most significant benefit of completing extrajudicial sanctions is that the young person won’t have a youth criminal record for this offence. This protects their future opportunities for education, employment, volunteer work, and travel. It also means they won’t have the stigma of a finding of guilt in youth court.

Frequently Asked Questions

No, this is one of the best things about these programs. If you meet all the requirements, your charge will be dropped or stayed, which means you won’t be found guilty.

Yes, when you first get extrajudicial sanctions, your parents or guardians will be told. They will likely be asked to come to a meeting with the youth worker, where they will be told about the program. Most youth workers want to talk to your parents so they can learn more about your home life and the people who help you.

There will be serious consequences if you don’t finish all the parts of your extrajudicial sanctions program. The most important thing that will happen is that your original charge will go back to the youth court.

Yes, you can still go to the US after you finish your punishment outside of court. Most of the time, extrajudicial sanctions that are successfully completed don’t make it hard to cross borders or travel abroad because they don’t result in a conviction or a criminal record.