Post-charge Extrajudicial Sanctions are an alternative to prosecution for young people who have committed minor offenses. After charges are laid, the court has the option to have the youth participate in a program that addresses the underlying causes of their behavior. This might include community service, educational programs, or restitution. Successful completion of the program results in the charges being withdrawn, allowing the youth to avoid a criminal record and focus on positive growth and development.
Program Details
If EJS is appropriate and approved by the Crown Attorney, the youth person’s charges will be adjourned by the Judge to allow time for them to complete an EJS program.
Please note: It is recommended that the young person speaks to a lawyer or Duty Counsel to consider all legal options before agreeing to participate in EJS. If participation in the EJS program is not appropriate, the case will be dealt with in a court in the usual way.
An appointment will be set for the young person at St. Leonard’s Community so that a suitable EJS agreement can be prepared. It is suggested and preferred that the parents/guardians also attend this initial meeting, to be informed of the agreement and expectations.
The EJS agreement will be worked out specifically for the youth person’s situation based on the offense that brought them to court. The EJS agreement will also take into consideration how others have been affected by the offense.
An EJS agreement may include a combination of the following requirements:
- An apology (often a letter) to those affected by the offense
- Compensation to Persons Harmed by the offense
- Participation in an information/educational session relating to the offense
- A written report or essay
- A charitable donation from personal earnings
- Community Service hours
Youth will be required to return to court on the adjournment date(s) and appear before the Judge. A written report will be submitted to the court confirming the young person’s successful completion of an EJS program. Upon confirmation of the successful completion, the court has the option of withdrawing the charge(s). In some cases, the Court may also impose a Peacebond.
Successful completion of an EJS means that a record of the youth’s participation will be held for two years. Only a select group may have access to it, including the Court (through the Office of the Crown Attorney), Police Services, and Youth Justice Probation Services
An EJS agreement is a serious court obligation. If a young person does not complete the requirements of the agreement, the case will be returned to court for resolution, and participation in the EJS program will end.
Program Goals
Youth Diversion programs aim to create safer communities, support positive youth development, and reduce the likelihood of future involvement with the justice system.
- Early Intervention: Address issues early on, preventing escalation and promoting positive development.
- Alternatives Criminal Records: Offer a constructive alternative to a guilty conviction and a Youth Criminal Record, reducing the risk of long-term consequences.
- Accountability: Hold youth accountable for their actions while promoting personal growth and responsibility.
- Community Reintegration: Support youth in making amends and reconnecting with their community.
- Empowerment: Equip youth with skills, confidence, and support to make positive life choices.
- Reduction of Recidivism: Decrease the likelihood of future offenses by addressing underlying issues and providing support.
- Youth ages 12 to 17, residing within Hastings and Prince Edward Counties
- Youth must accept responsibility for their behaviour
- Youth must willingly agree to participate in the program
- Some offenses or circumstances are unacceptable for Diversion.
- As a post-charge Diversion program, the Crown Attorney and presiding Youth Court Justice can choose this option for youth before the Court.
