Youth Criminal Justice Act — Y-1.5 10
Extrajudicial sanctions 10 (1) An extrajudicial sanction may be used to deal with a young person alleged to have committed an offence only if the young person cannot be adequately dealt with by a warning, caution or referral mentioned in section 6, 7 or 8 because of the seriousness of the offence, the nature and number of previous offences committed by the young person or any other aggravating circumstances. Conditions (2) An extrajudicial sanction may be used only if (a) it is part of a program of sanctions that may be authorized by the Attorney General or authorized by a person, or a member of a class of persons, designated by the lieutenant governor in council of the province; (b) the person who is considering whether to use the extrajudicial sanction is satisfied that it would be appropriate, having regard to the needs of the young person and the interests of society; (c) the young person, having been informed of the extrajudicial sanction, fully and freely consents to be subject to it; (d) the young person has, before consenting to be subject to the extrajudicial sanction, been advised of his or her right to be represented by counsel and been given a reasonable opportunity to consult with counsel; (e) the young person accepts responsibility for the act or omission that forms the basis of the offence that he or she is alleged to have committed; (f) there is, in the opinion of the Attorney General, sufficient evidence to proceed with the prosecution of the offence; and (g) the prosecution of the offence is not in any way barred at law. Restriction on use (3) An extrajudicial sanction may not be used in respect of a young person who (a) denies participation or involvement in the commission of the offence; or (b) expresses the wish to have the charge dealt with by a youth justice court. Admissions not admissible in evidence (4) Any admission, confession or statement accepting responsibility for a given act or omission that is made by a young person as a condition of being dealt with by extrajudicial measures is inadmissible in evidence against any young person in civil or criminal proceedings. No bar to judicial proceedings (5) The use of an extrajudicial sanction in respect of a young person alleged to have committed an offence is not a bar to judicial proceedings under this Act, but if a charge is laid against the young person in respect of the offence, (a) the youth justice court shall dismiss the charge if it is satisfied on a balance of probabilities that the young person has totally complied with the terms and conditions of the extrajudicial sanction; and (b) the youth justice court may dismiss the charge if it is satisfied on a balance of probabilities that the young person has partially complied with the terms and conditions of the extrajudicial sanction and if, in the opinion of the court, prosecution of the charge would be unfair having regard to the circumstances and the young person’s performance with respect to the extrajudicial sanction. Laying of information, etc. (6) Subject to subsection (5) and section 24 (private prosecutions only with consent of Attorney General), nothing in this section shall be construed as preventing any person from laying an information or indictment, obtaining the issue or confirmation of any process or proceeding with the prosecution of any offence in accordance with law.