Extrajudicial Measures/Sanctions

 

The Essex County Diversion Program seeks to promote and foster a healthy community by providing timely and effective intervention with at-risk youth. Both the Extrajudicial Measures Program (EJM), also referred to as Project Intervention and Extrajudicial Sanctions Program (EJS) are designed to deal with youth in conflict with the law and hold youth accountable for their actions while offering opportunities for them to deal with the underlying issues contributing to their criminal behaviour.

Goals of the Extrajudicial Measures Program:

  • To provide an effective and timely response to offending behaviour outside the bounds of judicial measures
  • To encourage the young persons to acknowledge and repair harm caused to the victim and the community
  • To respect the rights and freedoms of young persons and be proportionate to the seriousness of the offense

Goals of the Extrajudicial Sanctions Program:

  • To involve the community in addressing the rehabilitation of youth,
  • To reduce and/or eliminate the associated labeling of young people involved with the legal system through active involvement in the community
  • To allow youth an opportunity to make amends for their illegal conduct appropriately

The types of offenses considered for diversion include, but are not limited to:

  • Assault
  • Property theft and damage
  • Theft under $5000
  • Theft Motor Vehicle
  • Drug possession
  • Vandalism
  • Minor Sexual Assaults
  • Harassment
  • Weapons
  • Break and Enter
  • Mischief
  • Arson

A youth may be considered for the Extrajudicial Measures Program if they meet the following criteria:

  • Are between 12-17 years of age
  • There is sufficient evidence to proceed with a charge
  • The youth accepts responsibility and is willing to participate in the program
  • Are referred by the Windsor Police Service, LaSalle Police, Amherstburg Police Service, Essex County O.P.P.

A youth may be considered for the Extrajudicial Sanctions Program if they meet the following criteria:

  • Are between 12-17 years of age
  • The youth accepts responsibility and is willing to participate in the program
  • Approved for the EJS Program by Crown Attorney/Ontario Court of Justice

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Exclusionary criteria:

  • Young persons who are not prepared to be held accountable for their actions.
  • Young persons not aware of their options and rights.
  • Young persons not willing to participate in the program.

 

Next Steps:

Referrals are received directly from either the Police and/or Court Administration.  A designate from Youth Diversion will schedule an appointment to explain the program and determine if criteria for participation have been met.

Parents and/or guardians are encouraged to attend with the youth.

Youth meeting the above-noted criteria enter into an agreement with specified behavioral conditions which may include:

  • personal or written apology to victim(s)
  • personal service to victim(s)
  • community service to a non-profit community or government agency
  • restitution/return of property to victim(s)
  • donation to a registered charity
  • participation in Aboriginal cultural/spiritual activities
  • attendance and participation in an available community counseling or intervention program
  • complete an essay or poster
  • to be under the supervision of a Youth Worker until the conditions of the Extrajudicial Measures/Sanctions Program Agreement are satisfactorily completed
  • where a victim is available and freely consents, participation in a victim/offender reconciliation program

These agreements are generally set for a period of three months. They can, however, be extended based on individual needs.

If the youth successfully completes the terms of the program, a charge(s) is not laid and/or a charge(s) is stayed.  If the youth fails to abide by the terms of the Youth Diversion Program, the agreement is terminated. The original charge(s) will be laid and/or judicial proceedings will be recommenced in Youth Court.

A Youth Diversion designate is available to answer any questions you may have regarding the referral process or program criteria.