Introduction to the Youth Criminal Justice Act:
In Canada, young individuals facing criminal charges are subject to specific rules outlined in the Youth Criminal Justice Act (YCJA). Among the alternatives available under this Act, the Extra-Judicial Sanctions Program (EJS) stands out as a diversionary approach aimed at providing an opportunity for rehabilitation.
Understanding the Extra-Judicial Sanctions Program (EJS):
The EJS program operates as a diversion initiative within the youth court system. It offers an alternative to formal court proceedings for eligible youth offenders. Instead of prosecution, young individuals can opt for participation in the program, provided they meet specific criteria outlined in Section 10 of the YCJA.
Application and Process:
To enter the EJS program, the young person must apply to the Crown prosecutor, usually with the assistance of a lawyer. After submission of the necessary paperwork, the Crown evaluates eligibility. If approved, the court proceedings are adjourned, allowing the young person time to complete the program requirements.
Program Requirements and Outcomes:
Upon approval, the young person participates in actions outlined by the program, which can include tasks like issuing an apology letter or completing community service hours. Successful completion results in the withdrawal of criminal charges.
Importance of Legal Counsel:
While EJS offers a favorable outcome, it demands an admission of responsibility. Despite this admission being protected in subsequent proceedings, a record of program participation remains for two years. Therefore, seeking legal advice before making a decision is crucial. If you have questions about the EJS program, our lawyers at Smyllie Law offer free consultations to guide you through the process.