Young people can go through the extrajudicial sanctions program more than once, and can even go through it if they have already gone to court and received a finding of guilt in previous cases.
If the youth does not follow the conditions of the program as determined with the probation officer or the youth justice committee, the case may go to court.
When a youth receives an extrajudicial measure, the system limits access to youth records to police officers, or to a person participating in a conference deciding on appropriate extrajudicial measures (section119 (4)).
A youth who participates in an extrajudicial sanctions program will have a record. A youth record for extrajudicial sanctions will exist for two years after the youth agrees to participate in the program (section 119(2)). See the Youth Records section on page 45 for more information.
The justice system cannot use any admission, confession or statement given by a young person participating in an extrajudicial sanctions program as evidence against the youth in future court proceedings (section 10(4)). However, a youth’s participation in an extrajudicial sanctions program can be included in a future pre-sentence report. This report about a young person’s background, which may include the youth’s previous participation in extrajudicial sanctions, as well as their current situation, will help the judge when sentencing in a future case.
The Youth Criminal Justice Act allows the province to create youth justice committees (section 18). Youth justice committees are groups of community members who volunteer to work with youth who are in trouble with the law. The functions of youth justice committees may include to: