Youth Diversion (Extrajudicial Sanctions)

Section 10 of the Youth Criminal Justice Act (YCJA) allows for the use of Youth Diversion Program
for young persons when:

• the person is 12-17 years old;
• sufficient evidence exists that an offence has been committed;
• the offence is on the Province’s Youth Schedule of Offences;
• the young person takes responsibility for the act that forms the basis of the offence; and
• the young person cannot be sufficiently held accountable by an Extrajudicial Measure (taking no further action, verbal warning, police caution, referral to a community program or agency), and sanctions would be appropriate, having regard to the needs of the young person and the interests of society.

Young persons can be referred to the Diversion Program before being charged with an offence (pre-charge). Successful completion of the pre-charge program within the required time frame will result in no charges being laid against program participants for the offence committed. If the young person is not successful in completing the program, they may be charged with the original offence and be processed through court.

Young persons can also be referred to the Diversion Program at several points in the court process after charges are laid (post-charge). In this circumstance, court proceedings are postponed to provide the opportunity for participation in the Diversion Program. Charges are withdrawn when the young person meets the requirements of the post-charge program. If the young person is not successful in completing the post-charge program, their case will proceed through the court process.

Diversion coordinators are responsible for ensuring that every young person referred to the program has an appropriate plan in place for accountability and intervention. Intervention plans focus on connecting the young person to community-based services to address the risk factors most closely associated with their offending behaviour and to help them to not commit future offences.

Accountability measures are intended to hold the young person responsible for the offence committed at the community level. Examples of accountability measures may include, but are not limited to:

• paying restitution to the victim;
• completing a period of community service;
• attending special information and education sessions; and
• providing personal service work for the victim.

Diversion programs may use restorative justice processes when it is appropriate. These processes provide safe opportunities for communication between the young person and the victim and others affected by the offence. Restorative practices also allow the young person an opportunity to repair the harm done.

Diversion coordinators can work individually with young persons referred to the program. They can also  call upon Section 18 Youth Justice Committees for assistance in determining the most effective interventions and accountability measures for the referred young person.

To take part in the Diversion Program, eligible young persons:

• must consent to take part in the program (young persons younger than age 16 also require parental consent);
• must accept responsibility for the act that forms the basis of the offence;
• must respond in a timely manner to all
• communication from the program co-ordinator;
• will be asked to answer questions as part of the screening and assessment process. These questions provide information about the offence and the participant’s background that can help to inform the development of appropriate accountability measures and intervention plans (if required);
• may need to meet with the Diversion coordinator and the Section 18 Youth Justice Committee;
• will need to sign a program agreement; and
• must complete the agreed upon accountability measure(s) and intervention plan.

Victims of crime have the right to voice their concerns related to the offence that has been committed and how they wish the offence to be dealt with. While the views of the victim(s) are always considered before making an Diversion referral, these views do not preclude a young person from being referred to the program. The victim(s) may also choose to participate in any processes established to facilitate reconciliation between themselves and the offender. The victim(s) also has the right to request information related to the identity of the offender and to be informed of how the offence has been dealt with.