SJPA, r. 2 - Extrajudicial sanctions program authorized by the Minister of Justice and the Minister of Health and Social Services

Section 18 Disposition versions

2020-12-09

18. [Idem] In addition to the requirements of section 17, an agreement must contain a statement to the effect that

(a)  a failure by the young person to comply with the terms and conditions of the extrajudicial sanction may lead to prosecution for the alleged offence;

(b)  the use of the extrajudicial sanction will not prevent a person from filing a complaint concerning the alleged offence or from starting civil proceedings for the harm caused;

(c)  any admission, confession or statement accepting responsibility for a given act or omission that is made by the young person as a condition of being dealt with by extrajudicial sanctions is inadmissible in evidence against any young person in civil or criminal proceedings;

(d)  depending on the degree to which the young person has complied with the terms and conditions of the extrajudicial sanction, the court should or may dismiss the charges against the young person if judicial proceedings are started under the Youth Criminal Justice Act (S.C. 2002, c. 1); and

(e)  if the young person is found guilty of other offences, the extrajudicial sanction may be taken into consideration by the court when imposing a custodial sentence.

M.O. 4366, s. 18.

Not in force

In force: 2020-12-09

18. [Idem] In addition to the requirements of section 17, an agreement must contain a statement to the effect that

(a)  a failure by the young person to comply with the terms and conditions of the extrajudicial sanction may lead to prosecution for the alleged offence;

(b)  the use of the extrajudicial sanction will not prevent a person from filing a complaint concerning the alleged offence or from starting civil proceedings for the harm caused;

(c)  any admission, confession or statement accepting responsibility for a given act or omission that is made by the young person as a condition of being dealt with by extrajudicial sanctions is inadmissible in evidence against any young person in civil or criminal proceedings;

(d)  depending on the degree to which the young person has complied with the terms and conditions of the extrajudicial sanction, the court should or may dismiss the charges against the young person if judicial proceedings are started under the Youth Criminal Justice Act (S.C. 2002, c. 1); and

(e)  if the young person is found guilty of other offences, the extrajudicial sanction may be taken into consideration by the court when imposing a custodial sentence.

M.O. 4366, s. 18.