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 Community Organized Support and Prevention (Quinte).
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, you may be eligible for participation in the EJS program at COSP.
- EJS are available for certain offences.
- EJS are available only when the Crown Attorney approves the request.
- You must accept responsibility for your offence.
- You must willingly agree to participate in the program.
It is recommended that the young person speak 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 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 COSP 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 offence that brought you to court.
Your EJS agreement will take into consideration how others have been affected by your offence.
Your EJS agreement may include a combination of the following requirements:
- An apology (often a letter) to those affected by your offence
- Compensation to Persons Harmed by your offence
- Participation in an information/educational session relating to your offence
- Written report or essay
- 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.
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.