EXTRAJUDICIAL MEASURES (DIVERSION):

KEEPING YOUNG PEOPLE OUT OF COURT

The Youth Criminal Justice Act says it is better to deal with less serious offences outside the court system.

Extrajudicial measures include all consequences imposed by someone other than a judge.

• The police can give warnings, cautions, or referrals to a community program.

• When the police think those measures are not adequate, an extrajudicial sanction can be used.

• Your lawyer can advocate for extrajudicial measures or sanctions for you.

• Police and Crown attorneys make decisions about extrajudicial measures and sanctions. Judges and justices of the peace may call a pre-trial conference to try to resolve the issues.

• Crown attorneys can refer young people to extrajudicial sanctions programs before or after the young person has been charged.

• Young people and parents should ask the police, Crown attorney or a lawyer about extrajudicial measures and extrajudicial sanctions programs.

To find these programs:

In Toronto, call 211

Throughout Ontario go to www.211Ontario.ca

(the connection to community-based services for youth)

Justice for Children and Youth go to www.jfcy.org

In GTA, call (416) 920-1633

Outside GTA call 1-866-999-JFCY(5329)

Who Can See Your Youth Record?

• You - any time

• Your parents - during your case and sentence

• Police and court - if you are charges with another offence before your record is destroyed

• Government employers - for security checks

• Sometimes your record may be given to people in charge of supervising you or for safety purposes. Examples are school officials and youth workers.

• If you think someone wants to see your record illegally, contact a lawyer right away.

Youth Court Records: Includes charges, assessments, pre-sentencing reports, convictions, and sentences.

Police records: May include any arrests, suspected criminal activity, convictions, fingerprints, photographs, 911 calls, interviews, witness and victim reports. The police can check these records any time.

This area of law is complicated. If you have any questions consult a lawyer.

Lawyer referral service: GTA (416) 947-3330

Elsewhere in Ontario: 1-800-268-8326

Justice for Children & Youth: GTA (416) 920-1633

Elsewhere in Ontario: 1-866-999-JFCY (5329)

www.jfcy.org

Financially supported by the Department of Justice Canada,

Youth Justice Policy, in co-operation with CLEO.

When Are Youth Records Destroyed?

A youth record does not automatically disappear when you turn 18;

It depends on the type of offence and the sentence.

Absolute Discharge: 1 yr after being found guilty

Conditional Discharge: 3 yrs after being found guilty

Summary offences: 3 yrs after finishing sentence

Indictable offences: 5 yrs after finishing sentence

Murder, attempted murder,

aggravated sexual assault: Maybe never

•  After this period, your record will be destroyed unless you have committed another offence in the meantime. In which case, the time will start running again based on the new offence.

• If you get an adult conviction during this period, your youth record is never destroyed.

• If you get extrajudicial sanctions, the record of your participation in the program is destroyed after 2 years.

• If you are unsure about your record, call a lawyer

Lawyer referral service: GTA (416) 947-3330

Elsewhere in Ontario: 1-800-268-8326

Justice for Children & Youth: GTA (416) 920-1633

Elsewhere in Ontario: 1-866-999-JFCY (5329)

www.jfcy.org

Financially supported by the Department of Justice Canada,

Youth Justice Policy, in co-operation with CLEO.

A Youth Record May Prevent You From Being Admitted Into Another Country.

If you have records for drugs, weapons or violent crimes you may be denied access into another country.

A Youth Record Can Seriously Affect Your Immigration Status In Canada.

If you are visitor, refugee claimant, or landed immigrant (not a Citizen) and you are convicted of a crime in Canada, you may face serious consequences, and could be forced to leave Canada. This is a very serious area of the law, contact a lawyer right away if you are arrested.

A Youth Record May Prevent You From Getting a Job

It is not legal for an employer to ask about your youth record. It is legal to ask for a police record check. You make the request and the information comes to you. It’s up to you if you want to show it to the employer.

Unfortunately, the decision you make may affect your chances of getting the job.

Lawyer referral service: GTA (416) 947-3330

Elsewhere in Ontario: 1-800-268-8326

Justice for Children & Youth: GTA (416) 920-1633

Elsewhere in Ontario: 1-866-999-JFCY (5329)

www.jfcy.org

Financially supported by the Department of Justice Canada,
Youth Justice Policy, in co-operation with CLEO

UNDER 18?

QUESTIONED OR ARRESTED

BY POLICE?

1.   You should give your correct name, age and address. Ask if you are free to go. If they say no, they may be arresting you.
 

2.   Ask why you are being arrested. You have a right to know.
 

3.   Before the police can charge you, they must consider the following alternatives: They can:

a. Let you go.
b. Give you a warning.
c. Caution you (and even your parents) on the spot or at the police station.
d. If there are grounds for a charge, and if you agree, refer you to a community program.
 

4.   If the police officer does not mention these alternatives, politely ask about the alternatives.

24 hour Legal Aid Lawyers 1-800-268-8326 or

(police must give you this #) (416) 947-3330

 Justice for Children & Youth (416) 920-1633

(outside GTA) 1-866-999-5329

*Funding provided by the Department of Justice, Canada

PANHANDLING AND SQUEEGEEING

Aggressive solicitation and solicitation of a captive audience are illegal. Soliciting is asking for money from someone whether or not you provide any services in return. Solicitation includes panhandling and squeegeeing.

• usually, passive panhandling (e.g. merely holding out hand, asking for spare change) is not illegal
• aggressive panhandling is illegal: confronting, obstructing, touching and threatening pedestrians, using abusive language, being intoxicated or persistent while soliciting.
• it is illegal to panhandle at ATMs, pay phones, public toilets, transit stops and vehicles, cars in parking lots and vehicles on roadways
• it is illegal to squeegee on roadways
• $500 fine (first offence); up to $1000 fine and/or 6 months imprisonment (repeat offences)
• a police officer who reasonably believes that you are committing an offence can arrest you without a warrant if the officer warned you prior to the incident OR arresting you is necessary to establish your identity or prevent more violations
• the police can only take your things (including your squeegee) as evidence if you are suspected of using them to commit a crime (e.g. theft, assault, robbery)
• if you ask for your things back, usually they must be returned to you within 3 months
• panhandling and squeegeeing can lead to criminal charges for causing a disturbance, and/or loitering, while in a public place

Lawyer referral service: GTA (416) 947-3330

Elsewhere in Ontario: 1-800-268-8326

Justice for Children & Youth: GTA (416) 920-1633

Elsewhere in Ontario: 1-866-999-JFCY (5329)

www.jfcy.org

Financially supported by the Government of Canada’s Supporting Communities

Partnership Initiative, administered by the City of Toronto

WARRANTS

Warrants do not expire after a certain period of time.

They exist until you deal with them.

An arrest warrant means that there are

outstanding charges against you.

If the police stop you

Usually, any police officer can arrest you and transfer you to the Ontario city that issued the warrant, although they may not do this.

For warrants from other provinces, the Toronto police can hold you to see if the out-of-province police will come and get you. If not, they must let you go.

Any police officer in the country can arrest you on a Canada-wide warrant.

Dealing with warrants
 
l  For warrants in Toronto (or GTA), turn yourself into the police. It is best to do this at 7 a.m. Monday to Thursday
    and to contact a lawyer first.

l  For warrants outside Toronto and in other provinces:
Pleading guilty: you can request a transfer of your charges to Toronto. If your charges are transferred, you will receive your sentence in Toronto. You should not plead guilty to offences that you did not commit or to which you have a legal defence.

Speak to a lawyer if you are unsure.
Pleading not guilty: you must return to the city that issued the warrant and turn yourself in.

Lawyer referral service: GTA (416) 947-3330

Elsewhere in Ontario: 1-800-268-8326

Justice for Children & Youth: GTA (416) 920-1633

Elsewhere in Ontario: 1-866-999-JFCY (5329)

www.jfcy.org

Financially supported by the Government of Canada’s Supporting Communities

Partnership Initiative, administered by the City of Toronto

TICKETS

Provincial offences are charges for breaking provincial laws (e.g. squeegeeing, drunkenness, trespassing, spitting)

Tickets

Within 15 days you must:

• Plead guilty and pay the fine OR
• Plead not guilty: Schedule either a trial or a first attendance.
  Ask for disclosure from the prosecutor as soon as possible OR
• Plead guilty with an explanation: allows you to tell the court your side of the story and whether you can pay the fine. Take pay/welfare stubs, letter from shelter as evidence.

Summons

Ask the prosecutor for disclosure when you first go to court.

If you don’t show up on your court date, you may still be convicted.

Failure to pay fines

• default certificate will be issued ordering you to pay fine
• your driver’s license may be suspended or you may be unable to get or renew your license
• a warrant for your arrest may be issued if you have repeatedly been warned to pay fine(s)

OCAP helps people fight some tickets and summons: (416) 925-6939

Provincial Offences call centre: (416) 338-7320

Lawyer referral service: GTA (416) 947-3330

Elsewhere in Ontario: 1-800-268-8326

Justice for Children & Youth: GTA (416) 920-1633

Elsewhere in Ontario: 1-866-999-JFCY (5329)

www.jfcy.org

Financially supported by The Law Foundation of Ontario

PARKS, SQUATTING AND TRESPASSING

All property belongs to someone. Owners can make rules about who can use their property and what can be done on it.

Parks

l  you can get a ticket for swearing, throwing things, creating a nuisance, injuring trees, setting up a tent or make-
    shift shelter without a permit, dwelling, camping or lodging without a permit, drinking alcohol, being drunk or
    having an open bottle of liquor, or doing anything violent, threatening or illegal
l  sleeping in a park is legal
l  any police or by-law officer or municipal employee can order you to stop a prohibited activity or to leave. If you
    do not, you could get a trespassing ticket

Trespassing

l   the City can issue trespass order to people who illegally occupy its property (e.g. parks, Nathan Phillips Square,
    Metro Hall)
l  trespassing means 1) entering someone else’s property 2) doing prohibited activities there or 3) not leaving after
    being told to do so by the occupier
l  you will not be found guilty of trespassing if you can persuade the court that you reasonably believed you had
    permission to be there
l  a police officer or the legal occupier can arrest you without a warrant while you are still on the premises if they
    have reason to believe you are trespassing. Once off the property, you can only be arrested without a warrant if a
    police officer believes you were trespassing and you refuse to give your true name and address

l  usual fine is $70 (first offence); max. fine is $2000
l  you can ask a court to reduce the fine to something you can afford

Squatting

You can be criminally charged if you:
l  squat or trespass in or near a dwelling house
l  loiter prowl near a dwelling at night while on someone else’s property
l  intentionally damage property, make it useless or dangerous, interfere with its lawful use or interfere with anyone
    else’s lawful use of property

Lawyer referral service: GTA (416) 947-3330

Elsewhere in Ontario: 1-800-268-8326

Justice for Children & Youth: GTA (416) 920-1633

Elsewhere in Ontario: 1-866-999-JFCY (5329)

www.jfcy.org

Financially supported by the Government of Canada’s Supporting Communities

Partnership Initiative, administered by the City of Toronto

SECURITY GUARDS AND SPECIAL CONSTABLES

Security Guards

• if they see you committing a crime on or against the property, can arrest and hold you until police arrive (maybe with handcuffs)
• no weapons
• can only search with your permission or to save evidence
• complaints to Ministry of Public Safety and Security

TTC and TCHC (housing) Special Constables

• can also arrest, charge, take to police for drug, alcohol and trespass offences on TTC and TCHC property
• can carry batons, paper spray or foam
• can also search with reasonable grounds
• complaints to employer

Lawyer referral service: GTA (416) 947-3330

Elsewhere in Ontario: 1-800-268-8326

Justice for Children & Youth: GTA (416) 920-1633

Elsewhere in Ontario: 1-866-999-JFCY (5329)

www.jfcy.org

Financially supported by the Government of Canada’s Supporting Communities

Partnership Initiative, administered by the City of Toronto

SUSPENSIONS

Your school Code of Conduct tells you what action can result in a suspension. Suspensions are recorded in your Ontario Student Record – if you transfer schools they will know what happened.

How long can I be suspended for?

· Suspensions can last from one to 20 school days.  Always ask for homework.

 You are entitled to attend a suspension program if your suspension is 5 days or more.

Do I have to be suspended if I broke the rules?

No, your principal or school board does NOT have to suspend you if you are:

· unable to control your behaviour,

· unable to understand what was likely to happen because of your behaviour, or

· not an unacceptable risk to the safety of others at school.

What if my expulsion is unfair?

· You can ask for a review or appeal your suspension if it is for more than one day.  You (or your parents if you are under 18) must do this quickly.

· You should contact a lawyer as soon as possible (if you cannot afford a lawyer or your parents refuse to help, call one of the numbers below).

· If your suspension is over by the time the review or appeal is done and they say that you should not have been suspended, if will be removed from your Ontario Student Record.

· If you believe your expulsion is discriminatory, you can make a Human Rights Complaint.

Justice for Children & Youth

416-920-1633 or 1-866-999-5629 / www.jfcy.org

Pro Bono Law Ontario – Child Advocacy Project

416-977-4448 x.226 or 1-866-466-7256 / www.pblo.org

Legal Aid Ontario

416-979-1446 or 1-800-668-8258 / www.legalaid.on.ca

Ontario Human Rights Commission

416-326-9511 or 1-800-387-9020 / www.ohrc.on.ca

Funding provided by the Law Foundation of Ontario and

Justice for Children & Youth