St. Leonard's Community Support

Belleville and District Youth Justice Committee (B&DYJC)

Mandate:

The B&DYJC is an alternative approach outside the traditional court system which aims to repair the harm done by a young person to those who have been harmed. The Committee Members play an essential part in restoring relationships between the person(s) harmed, the young person, and the community.

What is the Youth Justice Committee (YJC)

The YJC is:

  • An Extrajudicial Measure/Extrajudicial Sanction (EJM/EJS) under the Youth Criminal Justice Act.
  • An alternative to formal court proceedings.
  • Commonly referred to as a” diversion” program.
  • Under the supervision of a Coordinator.
  • Made up of trained volunteer members of the community, tasked to bring together a young person (alleged to have committed low-risk offenses) and their parent/guardian(s), plus the person(s) harmed and their supports.
  • An opportunity for the young person to take responsibility for their actions by making amends and for the person(s) harmed to play a role in the process.

Who refers to YJC?

  • Pre-Charge referral process (EJM) – youth are referred to the YJC at the discretion of Police Services
  • Post-Charge referral process (EJS) – youth are referred to the YJC after a court appearance and at the discretion of the Crown Attorney

Who is Eligible?

Whether a young person is referred by Police Services or the Crown Attorney, the youth must:

  • Resides in the agency catchment area, including Hastings and Prince Edward Counties.
  • Willingly accept responsibility for their involvement in the incident and agree to fully participate in the program.
  • Be low-risk offenders between the ages of 12-17 at the time of the alleged offenses.
  • Be aware of their right to legal counsel.
  • Be willing to complete assigned tasks at their skill level and within a defined time frame.

Once referred to the YJC, what can a young person expect?

The youth will be instructed by the investigating police officer or Crown Attorney, to contact the YJC Coordinator or meet the Coordinator while attending court. The referral will be forwarded to the Coordinator who will:

  • Arrange a meeting time for the initial interview.
  • Meet with the youth along with their parent/guardian(s) to guide them through the process.
  • Encourage the youth to discuss the circumstances relevant to the referral and any other situation that may interfere with a speedy resolve.
  • Answer any questions the young person or parent/guardian(s) may have.
  • Indicate when the committee and all parties are expected to meet
  • Discuss the expectations of all attendees, ensuring the environment is safe and respectful.
  • Work with the young person to gain an understanding of their motivation to commit the act.
  • Offer some insight concerning the impact their behaviour had on the person(s) harmed and the community.

What offenses are eligible?

  • Theft under $5,000.
  • Possession under $5000.
  • False Pretense
  • False Statement
  • Minor Assaults
  • Accommodation Fraud
  • Cause Disturbance
  • Other charges as determined appropriate

What part does the person harmed play?

Persons Harmed are individuals within our community who have been directly affected by the actions of the young person. They play an integral role in helping the youth understand how their actions have impacted them, both emotionally and financially. Persons Harmed will be invited to participate in the YJC meeting personally or submit a statement to be read on their behalf. The Coordinator ensures it is presented in a safe and respectful manner.

Everyone directly affected by the referring incident will have the opportunity to express their thoughts and concerns regarding the offense (s). This will enable the young person to:

  • Better understand their motivation in committing the offense.
  • Better understand the impact the offense had on the person(s) harmed and community.

After hearing from all parties, the B&DYJC will determine the measures to be performed by the young person. The Coordinator will prepare an Agreement which is signed by the youth, their parent/guardian(s) and the representative of the committee.

What are the possible measures/sanctions?

  • Letter of Apology
  • Personal service work for the person(s) harmed
  • Compensation to the person(s) harmed
  • Essay that is appropriate to the offense
  • Donation to charity
  • Community service work
  • Participation in relevant program(s) i.e. person(s) harmed empathy
  • Educational sessions

What happens when the youth completes the Belleville & District Youth Justice Committee program?

  • In the case of Pre-Charge matters, the police service that referred the matter to the committee will be notified of your successful completion and usually, there will be no further actions.
  • In the case of Post-Charge matters, you will be required to return to court on your adjournment date and appear once again before the Judge. A written report will be submitted to the court confirming your successful completion of a Belleville and District Youth Justice Committee Program. Upon confirmation of your successful completion, the court has the option of withdrawing your charge. In some cases, the Court may also impose a Peacebond.

What will happen if the measures/sanctions are not completed satisfactorily?

Most young people will be eager to complete their measures as quickly as possible and to the best of their ability. Occasionally, this will not be the case and the matter will be referred back to the police/court for resolution, and your participation in the Belleville and District Youth Justice Committee Program will cease.


Extrajudicial Measures

What is Extrajudicial Measures?

EJM is an alternative to formal court proceedings, under the Youth Criminal Justice Act. It is commonly referred to as a diversion program. As a pre-charge police referral, EJM is offered in Quinte West and Bancroft.

EJM allows a young person to take responsibility for their offense without being charged. Instead, you will complete an agreement through St. Leonard’s Community after receipt of the referral from police services.

Successful completion of an EJM means that the young person has avoided a potential youth criminal record. The referring officer will receive a report from St. Leonard’s Community detailing the efforts made that demonstrated that the young person has accepted responsibility and successfully completed the agreed measures as a means to repair harm caused. The officer will then not lay a charge.

Who can participate in the EJM program?

If you are between the ages of 12 and 17 inclusive, you may be eligible to participate in the EJM program in Quinte West and Bancroft.

  • EJM Program is available via an approved referral from Quinte West and Bancroft OPP
  • You must accept responsibility for your behaviour.
  • You must willingly agree to participate in the program.

You may wish to speak to a lawyer to consider all your legal options before agreeing to participate in EJM. If participation in the EJM program is not appropriate, the referring officer will be notified by St. Leonard’s Community

My EJM Request has been approved?

  • Once the referral is received at St. Leonard’s Community, your pending charge will be placed on hold by the investigating police officer to allow time for you to complete an EJM program.
  • It is your responsibility to contact St. Leonard’s Community within (7) days so that a suitable EJM agreement can be prepared.

What will I be asked to do?

Your EJM agreement will be worked out specifically for your situation based on the offense that brought you in conflict with the law.

Your EJM agreement will take into consideration how others have been affected by your offense.

Your EJM agreement may include a combination of the following requirements:

  • An apology (often a letter) to those affected by your offense
  • Compensation to Persons Harmed by your offense
  • Participation in an information/educational session relating to your offense
  • A written report or essay
  • A charitable donation from personal earnings
  • Community Service work

What happens when I have finished my EJM program?

A written report will be submitted to the referring officer, confirming your successful completion of an EJM program.

What happens if I do not complete my EJM program?

An EJM agreement is a serious youth diversion obligation. If you do not complete the requirements of your agreement, your case will be returned to the referring officer for resolution, and participation in the EJM program will cease. In most cases, the referring officer lays the charge and the matter is transferred to the Office of the Crown Attorney. The young person is now required to attend youth court. See Extrajudicial Sanctions.


Extrajudicial Sanctions

What is an Extrajudicial Sanction?

EJS is an alternative to formal court proceedings, under the Youth Criminal Justice Act. It is commonly referred to as a diversion program.

EJS allows a young person to take responsibility for their (post-charge) offence without being sentenced by a Judge. Instead, you will complete an agreement through St. Leonard’s Community

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.

Who can participate in the EJS program?

If you are between the ages of 12 and 17 inclusive, live in Hastings or Prince Edward Counties, you may be eligible for participation in the EJS program at St Leonard’s Community.

  • EJS are available for certain offenses.
  • EJS is available only when the Crown Attorney approves the request.
  • You must accept responsibility for your offense.
  • You must willingly agree to participate in the program.

It is recommended that the young person speaks to a lawyer to consider all your legal options before agreeing to participate in EJS. If you do not have your own lawyer, a Duty Counsel lawyer is available at the court. If participation in the EJS program is not appropriate, the case will be dealt with in a court in the usual way.

My EJS Request has been approved by the Crown Attorney. What happens next?

  • At your court appearance, your charge will be adjourned by the Judge to allow time for you to complete an EJS program.
  • An appointment will be arranged for you at St. Leonard’s Community so that a suitable EJS agreement can be prepared.

What will I be asked to do?

Your EJS agreement will be worked out specifically for your situation based on the offense that brought you to court.

Your EJS agreement will take into consideration how others have been affected by your offense.

Your EJS agreement may include a combination of the following requirements:

  • An apology (often a letter) to those affected by your offense
  • Compensation to Persons Harmed by your offense
  • Participation in an information/educational session relating to your offense
  • A written report or essay
  • A charitable donation from personal earnings
  • Community Service hours

What happens when I have finished my EJS program?

You will be required to return to court on your adjournment date and appear once again before the Judge. A written report will be submitted to the court confirming your successful completion of an EJS program. Upon confirmation of your successful completion, the court has the option of withdrawing your charge. In some cases, the Court may also impose a Peacebond.

What happens if I do not complete my EJS program?

An EJS agreement is a serious court obligation. If you do not complete the requirements of your agreement, your case will be returned to court for resolution, and participation in the EJS program will cease.


OUR SPONSORS

COSP Sponsors