EXTRAJUDICIAL MEASURES
NARRATOR: The majority of youth crimes involve
non-violent activities such as shoplifting,
possession of stolen property, breach of probation,
or relatively minor assaults that do not involve
bodily harm.
Experience in Canada and other countries shows
that measures outside the formal court process
can provide an effective response to youth
crime, and one of the key objectives of the
Youth Criminal Justice Act is to encourage
the use of non-court responses in appropriate
cases.
These Extrajudicial Measures can provide meaningful
consequences, such as requiring the young
person to repair the harm done to the victim.
They also allow early intervention with young
people and provide the opportunity for the
broader community to play an important role
in developing community-based responses to
youth crime.
COMMUNITY PROGRAMS OFFICER RHONDA STAIRS:
The Act does give police officers the discretion
to use pre-charge options and in fact it requires
them to give first consideration to the use
of extrajudicial measures as a means of addressing
offending behaviour.
The police officer can choose to verbally
warn the youth, or issue a formal caution,
where the youth is actually formally warned
that they could be charged if that type of
offending behaviour continues.
The police officer can convene a conference
to call together our community partners for
the purpose of making recommendations related
to appropriate extrajudicial measures.
NARRATOR: Extrajudicial sanctions are the
most formal type of extrajudicial measure
and must be applied through a program approved
by the Attorney General.
These sanctions, such as volunteer work, compensating
or paying back the victim, or attending a
specialized program, can be applied where
the young person takes responsibility for
the offence.
If the young person fails to comply with the
terms and conditions of the sanction, the
case may proceed through the court process.
DIRECTOR OF SPECIALIZED SERVICES MICHELLE
GOYETTE: As far as extrajudicial sanctions
go, we have a 95% success rate, meaning that
in 95% of cases, even if the measure is voluntary,
the young offender will choose to do it, and
that is a very positive sign.
SERGEANT MARIE-FRANCE CÔTÉ: First of all
they work because the youth is willing.
So that's one of the criteria, they also need
a good support system, and then they can come
to understand the consequences of their actions.
When they get to speak to the victim, that's
when they realize, Oh I really caused some
pain, cause often they do the act but don't
think about all the consequences.
So that's why it works.
It's a whole cooperative process, everyone
agrees and most of the time, the youth doesn't
reoffend.
YOUNG OFFENDER: Oh it was just before Halloween,
and me and my friend Mike were just out on
Main Street walkin' around and he told me
about this bike and he told me he wanted it
and just asked me to go get it for him.
It was right by the step of the house.
I just grabbed it, and we started bikin' through
the trail in the woods.
YOUNG VICTIM: Well it was like right before
Halloween and I was just goin' to go out for
trick or treatin' and then I got, I went outside
and I was goin' to put my bike in the shed
and I went out and it wasn't there.
NARRATOR: In this case, the youth was referred
to a rural New Brunswick program offering
youth who've committed less serious crimes
an alternative to going to court.
The program encouraged young people to take
responsibility for their actions and make
amends by facing the community and the victim.
YOUNG OFFENDER: I just felt really bad, really
guilty.
I didn't really want to meet them because
I didn't know what was going to happen.
YOUNG VICTIM: Well I was mad that he stole
my bike and he probably was pretty upset at
what he did too and he's probably not goin'
to do it again cause he doesn't want to be
known as a thief.
Jennifer and clerk in Zellers
"Is it this one or is it this one here?"
(Answer) "It's the bright yellow one."
(First woman) "The bright yellow one, the
Scorcher, the stunt bike."
NARRATOR: The program helped the young man
who stole the bike realize the impact the
theft had had on other people.
He decided to make up for it by buying the
10-year old a brand new bike to replace the
one that had been stripped for parts.
It was an expensive lesson... but a very important
one!
YOUNG OFFENDER: It's not right to steal.
And I'll never do it again and if I ever do
see somebody doin' it then I'm goin' to let
them know that it's not right.
