Youth Extrajudicial Sanctions in Calgary

A youth facing criminal charges in Calgary, who is prepared to take responsibility and complete agreed conditions, can avoid court, a permanent criminal record, and many of the damaging consequences of their actions.

A youth offence lawyer from Strategic Criminal Defence will:

• Protect the youth’s legal rights.
• Explain the legal options clearly.
• Seek extrajudicial measures or sanctions that limit the consequences for the future.

Under Section 10 of the Youth Criminal Justice Act (YCJA), certain extrajudicial sanctions can be used when a warning or caution isn’t enough, but a court case isn’t needed. Options include:

• Attending school or counselling.
• Doing community service.
• Apologizing to and/or repaying the victim.
• Writing an essay.

How do youth extrajudicial sanctions work?

When a person aged 12 to 17 is arrested, the police may choose to:

• Issue a warning: An informal measure exercised at the discretion of the police.
• Take no further action: Sufficient steps have been taken by someone else (such as the youth’s parents) to hold the youth accountable.

If the Crown Prosecutor is involved, the following extrajudicial measures may be available:

• Crown caution: The Crown may write to the youth and/or their parents.
• Referral to a community program: With the youth’s consent, the youth may be referred to a community agency to prevent them from committing more offences.

In more serious cases, where the Crown does not believe an extrajudicial measure would hold the youth accountable, an extrajudicial sanction may be proposed: a more formal set of rules is put in place for the young person involved.

Rather than punishment, these rules are focused on:

• Accountability.
• Reducing the chance of reoffending.
• Making things right.
• Reintegration into the community.

In such cases, prosecutors can direct young people towards alternative resolutions rather than pursuing criminal charges. Where extrajudicial sanctions are used, a timeline for completion will be provided (typically 3-4 months).

How are the sanctions initiated?

Before applying extrajudicial sanctions, the law specifically requires that the young person:

• Is told of their right to consult counsel.
• Is given a real opportunity to consult a lawyer.
• Is prepared to take responsibility for their actions.
• Consents to taking part in the program.

Seeking legal advice is a key part of validating the process, and our criminal defence lawyers can assist in making the steps as smooth as possible.

If accepted into the program, the youth must:

• Complete the sanction within the timeframe permitted.
• Follow any release conditions set by the police or the court, such as curfews, school attendance requirements, or restrictions on who they can spend time with.

If the young person completes the extrajudicial sanctions, the charges will be dropped or stayed, which means that they won’t have a youth criminal record.

Who is eligible for extrajudicial sanctions?

To be eligible for extrajudicial sanctions, a person must be:

• Aged 12 to 17 at the time of the offence.
• Accused of a relatively minor offence, such as:
  • Petty theft (under $5,000).
  • Mischief.
  • Simple assault.
  • Possession of a small amount of drugs.
• Not a regular offender.
• Prepared to accept responsibility for the offence (denying participation or involvement in the commission of the offence specifically bars the use of extrajudicial sanctions under section 10(3)(a) of the YCJA).

Examples of youth extrajudicial sanctions

Here are some typical examples of offences and their associated extrajudicial sanctions:

All three examples result in the charge being dropped after the conditions were completed.

What happens if you’re ineligible for extrajudicial sanctions?

If the Crown Prosecutor believes the criminal behaviour is too serious to be eligible for extrajudicial sanctions, more severe consequences could apply, such as:

• Probation with conditions.
• Community service orders.
• Youth detention for up to two years (or three years for some violent crimes).

Youth detention in Calgary means being held at the Calgary Young Offenders Centre (CYOC), located at 12626 85 Street NW, Calgary. Youths are held in a dedicated facility entirely separate from adult correctional centres.

The centre is situated in the northwest of Calgary, run by Alberta’s Correctional Services Division, and holds approximately 155 youths.

If you or your child is facing the prospect of youth detention, our youth offence lawyers in Calgary will work to fight the charges by building a robust defence strategy.

How will our lawyers help your child?

As part of the process of talking to the police and prosecutors, our lawyers can:

• Collect important evidence detailing a child’s performance in school, involvement in the community, and family support.
• Demonstrate steps taken to correct the underlying issue, e.g., drug or alcohol counselling.
• Present mitigating factors that can affect whether a child can get a sentence outside of court.

Our lawyers know how to work with Calgary’s one-of-a-kind youth justice system. We can seek a positive resolution and help ensure that all the requirements of the program are met by the youth.

FAQs

Protect your future with experienced help from a youth offence lawyer

Anyone charged with a youth offence in Calgary should seek experienced legal assistance to prevent a major impact on their future.

A Strategic Criminal Defence lawyer will:

• Protect your legal rights and your future.
• Explain the legal options available.
• Communicate with the police and the prosecutor about extrajudicial measures.

In the past two decades of practice, our team has defended over 10,000 cases, earning over 750 5-star reviews. Our lead lawyer has been recognized for 8 consecutive years as one of the Three Best Rated® criminal defence lawyers in Calgary.

We will work to limit the consequences of a criminal charge for your future.