Canada’s youth justice system is designed to reflect the unique circumstances of young people in conflict with the law. Instead of defaulting to the formal court system, the system provides alternative ways to hold youth accountable. One of the most important of these alternatives is the use of extrajudicial measures for youth.
If your child has been contacted by police or is facing criminal allegations, understanding how extrajudicial measures work can be essential. These measures are built into the Youth Criminal Justice Act (YCJA) and are designed to keep young people out of the court system when possible—while still ensuring meaningful consequences and opportunities for rehabilitation.
What Are Extrajudicial Measures?
Extrajudicial measures are non-court responses to youth crime. They are used before charges are laid and are designed to resolve minor or first-time offences without a formal criminal proceeding.
Rather than being charged and brought to court, the youth may be:
- Warned or cautioned by police
- Referred to a community-based program
- Asked to make restitution or provide an apology
- Required to attend counselling or complete community service
These responses allow youth to take responsibility for their actions without the lasting consequences of a criminal record.
Legal Basis: The Youth Criminal Justice Act
Extrajudicial measures are a core part of the Youth Criminal Justice Act (YCJA), which governs how individuals aged 12 to 17 are treated under Canada’s criminal justice system.
Section 4 of the YCJA outlines the principles behind extrajudicial measures, emphasizing that:
- They are often the most appropriate and effective way to address youth crime.
- They should be used for non-violent offences and first-time interactions with the law.
- They must be timely, fair, and meaningful.
- They reduce the use of courts and custody for youth who do not pose a risk to public safety.
Who Is Eligible for Extrajudicial Measures?
Not every youth qualifies for extrajudicial measures. Police and prosecutors typically consider the following:
- The seriousness of the offence
- Whether the youth has a prior record
- The youth’s willingness to accept responsibility
- The presence of a supportive environment at home or in the community
Extrajudicial measures are most often used for:
- Minor assaults (e.g., school fights)
- Shoplifting or petty theft
- Mischief or vandalism
- Possession of small amounts of drugs
- Public disturbances or threats without weapons
The goal is to prevent criminal behaviour from escalating by intervening early with appropriate, community-based responses.
Types of Extrajudicial Measures
There are several forms of extrajudicial measures in Canada. The most common include:
1. Police Warnings or Cautions
These are informal or formal messages delivered by police to the youth, indicating that their behaviour was unacceptable and must not continue. They are typically used when the offence is minor and the youth has no prior record.
2. Referrals to Community Programs
Police may refer the youth to local organizations offering counselling, conflict resolution, education, or substance abuse programs. Participation is usually voluntary but encouraged to prevent future offences.
3. Crown-Directed Measures
In some cases, the police may refer the matter to the Crown attorney, who can recommend:
- Restitution to the victim
- A written or verbal apology
- Volunteer work or community service
- Participation in mediation or restorative justice circles
These actions allow the youth to demonstrate accountability without being formally charged.
Benefits of Extrajudicial Measures
There are several key advantages to resolving youth offences through extrajudicial measures:
- Avoidance of a criminal record
- No formal charges or court appearances
- Faster resolution of the matter
- Opportunities for personal growth and rehabilitation
- Preservation of educational and employment opportunities
These measures also benefit victims and communities by emphasizing restoration, apology, and direct accountability.
What Happens If Extrajudicial Measures Are Not Successful?
If a youth refuses to participate in the recommended programs or reoffends while being considered for extrajudicial measures, formal charges may be laid. At that point, the case moves into the youth court process.
It’s important to note that participation in extrajudicial measures is typically voluntary. However, refusing to participate may limit the availability of these options in the future.
Will Extrajudicial Measures Appear on a Criminal Record?
No. Extrajudicial measures do not create a criminal record. However, a record of the measure may be kept by police and the Crown for a limited period. This information may be considered if the youth reoffends, but it will not appear on standard criminal background checks or affect travel or employment once the file is closed.
The Role of a Lawyer in Extrajudicial Measures
Even if your child is not formally charged, speaking with a criminal defence lawyer can be invaluable. A lawyer can:
- Advocate for extrajudicial measures on the youth’s behalf
- Ensure that the process is fair and appropriate
- Explain the youth’s rights and obligations
- Guide the family through program participation and reporting
The goal is not only to resolve the current situation, but to keep the youth on track and out of the justice system moving forward.
Schedule a Free Consultation With Lichtman Law
If your child is being investigated or has been offered an extrajudicial measure, early legal advice is critical. At Lichtman Law, we help families navigate youth justice matters with care, experience, and a focus on long-term outcomes. We’ll assess your child’s eligibility, protect their rights, and advocate for meaningful, constructive resolutions.