For a complete review of the provisions of the Youth Criminal Justice Act relating to Extra-judicial Measures see the Extra-judicial Measures module on the Justice Canada website.

The Attorney General of Alberta has not established a program authorizing the police to administer cautions to young persons. The police may, however, decide to take no action, warn a young person or refer the young person to a community program or agency rather than starting judicial proceedings. In fact, the YCJA requires that they consider so doing.

The Attorney General of Alberta has, however, authorized a program of extra-judicial sanctions. Police officers can make referrals directly to the program prior to a charge being laid. Alternatively, a Crown prosecutor may make a referral after the laying of a charge. For an overview of the Alberta Extra-judicial Sanctions program go to the Alberta Solicitor General Website.

The extra-judicial sanction imposed may simply be a “caution letter” sent by a prosecutor to the young person and/or his guardian. More often, however, the young person is required to meet with a representative of the Ministry of the Solicitor General’s Young Offender Branch and/or a Youth Justice Committee. Sanctions are negotiated with the young person. If he or she complies with the sanctions within the time allotted the charge is not laid, or, if it has been laid already, it is withdrawn. If the young person does not successfully complete the program, judicial proceedings go forward. For contact information about local Extra-Judicial Sanctions administrators and Youth Justice Committees, see the Alberta Justice website.

Notes for Defence Lawyers:

• Young people who lack adult guidance sometimes have problems keeping their appointments and completing the sanctions imposed. If you can, try to stay in touch with the client and the local administrator of the Extra-judicial Sanctions Program during the process. Social and youth workers at the YCDO may be able to help you.
• There is a shortage of community service work placements for young people aged 12 to 15. You may wish to ask that other sanctions be imposed on your client.
• In some cases a Youth Justice Court may dismiss a charge even if there has only been partial completion of the extra-judicial sanctions imposed (see: s. 10(5)(b) YCJA).
• There is no finding of guilt when extra-judicial sanctions are successfully completed. However, lawyers should be careful when describing the extra-judicial sanctions to a young person regarding the benefit of avoiding a criminal record; it must be understood that the police maintain a record of the offence and the referral to extra-judicial sanctions for a period of time. This police record may create difficulties in obtaining a security clearance in the future.

View Youth Justice Committes involved in the Extra-judicial Sanctions Program by Community Corrections Office Areas, Aboriginal Contractors and Calgary Youth Attendance Centres.