Criminal law

Other measures

What is an extrajudicial measure?

Extrajudicial measures are alternatives to the formal legal system. Their purpose is to help rehabilitate adolescents and hold them responsible for their offences. A young person who receives an extrajudicial measure will not have criminal charges laid against him. This means he won’t have to go to court.

As soon as they intervene in the case of an adolescent offender, the police must consider the possibility of using extrajudicial measures.

Are there different types of extrajudicial measures?

Yes. The law allows police to choose from the following extrajudicial measures:

• Take no further action against the adolescent;
  
  
• Give him a warning. This means that the police take the time to talk to the youth and his parents or guardian. They clearly explain the possible legal consequences of the youth’s behaviour;
  
  
• Give him a caution, which means that he is given an official warning in the form of a letter addressed to his parents or guardian. The caution can also be given during a meeting. The letter to the parents says that the youth committed an offence and that the police intervened. There’s no caution program in Quebec ;
  
  
• Refer the youth to an organization or a program that can help him change his behaviour so that he won’t re-offend. The adolescent must however agree to this measure.

It is important to know that when an officer applies one of these measures, the youth has the right to consult a lawyer. This is especially important when the youth is directed towards an aid organization or a program – he must be in absolute agreement for this measure to be possible. Consulting a lawyer can help him make an informed decision.

When the offence committed by a youth is more serious and the extrajudicial measures described above are not appropriate, the police can apply measures that are more severe, called “extrajudicial sanctions”. Extrajudicial sanctions are similar to alternative measures under the old law, the Young Offenders Act. Like alternative measures, extrajudicial sanctions can vary in form: for example, making a donation to an organization, doing volunteer work for the victim, or performing community service. If you would like to know more, consult the Infosheet entitled Extrajudicial sanctions.

Why choose extrajudicial measures?

The law states that extrajudicial measures are often the quickest and most effective way to address youth crime. Extrajudicial measures are educational tools that help a youth to understand that his behaviour is not only forbidden, but is unacceptable to society. Furthermore, these measures encourage him to recognize and repair the harm he has caused, and spare him the burden of going through the legal process and coming out with a youth record.

There are several different players who can participate in deciding whether extrajudicial measures will be enough to hold a young person accountable for his actions. Following an arrest, this decision must be made as quickly as possible. Therefore, the youth is immediately placed in the care of various professionals, who give him the help he requires.

Immediately responding to an adolescent’s criminal behaviour increases the chances of correcting it and preventing future run-ins with the law. Plus, when an adolescent has only committed a minor offence, choosing an extrajudicial measure is more respectful of his rights and freedoms than the traditional judicial process.

Antoine’s schoolyard fight is a good example of an offence where extrajudicial measures would be appropriate.

When are extrajudicial measures appropriate?

When an adolescent commits a first offence that is non-violent (shoplifting or mischief, for example), it is presumed that extrajudicial measures will be enough to hold the youth accountable for his actions.

Even when the adolescent has already benefited from an extrajudicial measure, or if the offence involves the use of violence, extrajudicial measures might still be considered appropriate in as much as they are adequate to hold the youth accountable for his behaviour. These measures can even be applied to an adolescent who has already been found guilty by the youth court.

The main question to consider when deciding whether to apply an extrajudicial measure is the following: Will the measure be enough to hold the youth accountable and reduce his chances of re-offending?

Who gets to select the extrajudicial measure?

Several people can participate in choosing an extrajudicial measure. The first person who must consider this option is the arresting police officer. As soon as she intervenes with an adolescent, the police officer must determine whether it is preferable to apply an extrajudicial measure instead of filing charges against the youth.

When it seems appropriate to use the more serious extrajudicial sanctions program, the file must first be shown to a Crown prosecutor. Before the youth can participate in the extrajudicial sanctions program, the Crown must determine if the evidence against the young person would be enough to proceed with prosecuting the offence. If the evidence would not be enough to justify pressing charges, the file will be closed. Also, to participate in the extrajudicial sanctions program, the young person must accept responsibility for the offence. This is why it is important for him to consult a lawyer before agreeing to participate in the program.

Not only are the police and the Crown important in this process, but the victims also play a big role. Since an extrajudicial sanction can be a way of compensating victims for their suffering, the law gives them an opportunity to express their opinion on what sanction they think is acceptable. The participation of families and the community is also greatly encouraged. With all these people involved, chances are good that an appropriate sanction will be selected.

1. Regroupement des organismes de justice alternative du Québec
2. Texte de la loi