Youth Diversion

Diversion Tool CPS

Youth Diversion Tool

This tool asks a number of questions to assist in deciding the proper investigative outcome for a youth involved in an offence. If the answer changes to a prior question, new questions will appear.
No personal data of young offenders is collected or retained.

X/Twitter

This field is for validation purposes and should be left unchanged.

Badge Number(Required)

Please enter a number from 2000 to 65999.

Enter in your regimental number. No personal information is collected, this step is to thwart bots on the internet.

What age was the offender at the time the offence was committed?(Required)

11 years or younger

12 to 17 years old

18 years or older

If you are looking for resources or programs, please see the below link. The CPS Diversion Team can be reached at 403-428-8101 or by email at youthdiversion@calgarypolice.ca . The CYJS Law Enforcement Liaison can be reached at info@youthdiversion.ca .

Resources for Law Enforcement

This young person may not be arrested or dealt with under the YCJA or YJA. Consideration should be given to referring the Young Person to a youth program that deals with youth who are outside of the scope of the legislation. Another alternative is to contact a local Restorative Justice program. Make sure the victim is notified of the outcome of the investigation.

In Calgary, please refer to these resources:
Calgary Police Youth Foundation Programs (CPYF)
Start Smart Stay Safe (S4)
Multi Agency School Support Team (MASST)
Youth at Risk Development Program (YARD)

Outside of Calgary, please refer to this resource for under 12 youth:
Alberta Restorative Justice Programs

Thank you for using the Youth Diversion tool to assist you in deciding the best course of action for your investigation!

Return to youthdiversion.ca

This person may not be arrested or dealt with under the provisions of the Youth Criminal Justice Act or the Youth Justice Act. The officer will have to follow Adult offender Diversion or Charging protocols. Make sure the victim is notified of the outcome of the investigation.

Thank you for using the Youth Diversion tool to assist you in deciding the best course of action for your investigation!
Return to youthdiversion.ca

Do you know what you want to do with the offender?(Required)

Yes

No

Is the Crown requesting a charge be laid due to an Extrajudicial Sanctions request being denied, the offender did not complete their sanctions, or there are exceptional circumstances that need to be considered?(Required)
For CPS members, the Diversion Team will prepare the charge package when a Crown request for charges is sought. Contact the Diversion Team if you have received a request to charge.

Yes

No

I intend to charge the individual or refer to a diversion program.(Required)

Charge or Refer

Do Nothing

What processing path do I wish to take? Diversion is allowed for Administration of Justice Offences to a Sanctions program.(Required)

Warning, Caution or Referral to a Community Program

Extrajudicial Sanctions

Charges

Follow policy and procedure related to the release of a Young Person that is not being charged or diverted to a program. Make sure the victim is notified of the outcome of the investigation.

Thank you for using the Youth Diversion tool to assist you in deciding the best course of action for your investigation!
Return to youthdiversion.ca

I don’t know what the best course of action is.

Has the Young Person been advised of their right to Counsel?(Required)

Yes

No

I have now advised the Young Person of their right to speak with counsel, parent, or any other appropriate adult of their choosing.(Required)

Yes

Do you believe on reasonable grounds that the Young Person has committed the offence?(Required)

Yes

No

Is this a Provincial or Municipal (Bylaw) offence?(Required)

Provincial/Municipal/Bylaw

No

Is the Young Person being accused of an offence where the punishment has a maximum term of 5 years or more?(Required)

Yes

No

Has the Young Person provided a statement in relation to the offence? Admissions for the purpose of determining diversion options are inadmissible as evidence.(Required)

Yes

No

A Cautioned and Warned Statement may be used in evidence. Youth have the full right to consult or have counsel, a parent, any other appropriate adult be present during the taking of a statement unless the youth chooses otherwise.(Required)
Use the Youth Caution and Waiver Form

Proceed to Next Question

Has the Young Person committed an offence where they can not be adequately dealt with by a Warning, Caution, or Referral to a community program because of the seriousness of the offence, the nature and number of previous offences committed or any other aggravating circumstances, but where charging the youth is not warranted?

Yes

No
No – means that you believe the Young Person should be referred to a community program.

The Young Person accepts responsibility for the act that forms the basis of the offence.(Required)

Yes

No

Is the Young Person a first or second time offender who has been alleged to have committed an eligible offence? Answer NO if the Young Person has been diverted 3 or more times.(Required)

Yes

No

Is the Young Person alleged to have committed an offence where they have failed to abide by conditions of a Probation Order (s. 137 YJA) or a failure to abide by a release condition (s. 496 CC)?(Required)

Yes

No

Does the Young Person's failure or refusal to follow conditions cause harm, the risk of harm, to the safety of the public?(Required)

Yes

No

Does the Young Person have a history of repetitive failures or refusals to abide by conditions?(Required)

Yes

No

Are Extrajudicial Sanctions appropriate due to exceptional circumstances?(Required)

Yes

No

If reasonable grounds do not exist to believe the youth is responsible for the offence, they may not be referred or charged. Make sure the victim is notified of the outcome of the investigation.

Thank you for using the Youth Diversion tool to assist you in deciding the best course of action for your investigation!
Return to youthdiversion.ca

Cautions, Warnings, Referrals to a Community Program

I want to apply a Warning, Caution or Referral to a Community Program(Required)

Yes

No

Has the Young Person been advised of their right to Counsel?(Required)

Yes

No

I have advised the Young Person of their right to speak with counsel, parent, or any other appropriate adult of their choosing.(Required)

Yes

Is the Young Person responsible for a first time non-violent offence?(Required)
An offence of violence or a repeat offence, the young person is not eligible for a Caution, Warning or Referral to a Community Program

Yes

No

Do you believe on reasonable grounds that the Young Person has committed the offence?(Required)

Yes

No

Has the Young Person provided a statement in relation to the offence?(Required)

Yes

No - but accepts responsibility

No - doesn't accept responsibility

Is the Young Person being accused of a Serious Offence?(Required)

Yes

No

Is the Young Person's voluntary statement being considered to determine a diversion option?(Required)
Use the Youth Caution and Waiver

Proceed to the Next Question

Will a caution, warning or referral to a Community Program be sufficient or adequate to hold the Young Person accountable, or, is this the first time the offender has been caught for an offence?(Required)
A NO response will take you through questions on Extrajudicial Sanctions.

Yes

No

Is the Young Person consenting to the use of a Caution, Warning or Referral to a Community Program?(Required)

Yes

No

Has the Young Person admitted responsibility for the offence?(Required)

Yes

No

Do you wish to participate in an advisory conference at a future date?(Required)

Yes

No

Is the Extrajudicial Measure being imposed or suggested provide for: an effective and timely response to offending behaviour, encourage the repair of harm caused to the victim and the community, encourage the involvement of families and the community in their design and implementation, provide an opportunity for victims to participate in decisions related to the Extrajudicial Measures and to receive reparation, and respect the rights of the seriousness of the offence?(Required)

Yes

No

Is the Caution, Warning or Referral to a Community Program: fair and proportionate to the offence, the least restrictive but will hold the Young Person Accountable, using minimal intervention that the Young Person's conduct warrants, and less than what a Youth Court would impose, had the Young Person been convicted of the offence?(Required)

Yes

No

You have now determined that Extrajudicial Measures should be applied for this Young Person. Take comprehensive notes detailing the investigation, any Advisory Conference entered into, and your decision regarding proceedings under the YCJA or YJA. Submit an incident report, indicate in the Professional Opinion section your reasons for recommendation. Make sure the victim is notified of the outcome of the investigation.

Thank you for using the Youth Diversion tool to assist you in deciding the best course of action for your investigation!
Return to youthdiversion.ca Youth Diversion Referral Form (CPS Only)

Follow policy and procedure related to the release of a Young Person that is not being charged or diverted to a program. Make sure the victim is notified of the outcome of the investigation.

Thank you for using the Youth Diversion tool to assist you in deciding the best course of action for your investigation!
Return to youthdiversion.ca

Extrajudicial Sanctions (Youth Justice Committees)

I want to apply an Extrajudicial Sanction(Required)

Yes

No

The Young Person has been properly advised of their right to counsel, and has been given an opportunity to consult with counsel?(Required)

Yes

No

I have advised the Young Person of their right to speak with counsel, parent, or any other appropriate adult of their choosing.(Required)

Yes

Is there sufficient evidence to proceed with the prosecution of the offence?(Required)
A youth may not be diverted or charged unless there is sufficient evidence to prosecute the offence. Is there sufficient evidence to proceed with the prosecution of the offence?

Yes

No

Is the Young Person being accused of a Serious Offence?(Required)

Yes

No

Has the Young Person provided a statement in relation to the offence?(Required)

Yes

No

The Young Person accepts responsibility for the act that forms the basis of the offence.(Required)

Yes

No

Does the Young Person fully and freely consent to be a subject of an Extrajudicial Sanction?(Required)

Yes

No

Is the offence an assault?(Required)

Yes

No

Is the assault a domestic assault or intimate partner violence?(Required)

Yes

No

Is the assault involving minor violence between a sibling or parent of the Young Person?(Required)

Yes

No

Have threats been made?(Required)

Yes

No

Is the Young Person a threat to others, or does the Young Person endanger the life or safety of others by creating a substantial likelihood of causing bodily harm?(Required)

Yes

No

Has a break and enter of a residence occurred?(Required)

Yes

No

Has perjury or giving contradictory evidence occurred?(Required)

Yes

No

Is this a driving related offence?(Required)

Yes

No

Is this related to glue and solvent sniffing, an offence under the School Act or the Gaming, Liquour and Cannabis Act?(Required)

Yes

No

You have reached this point because all other offences are eligible for Extrajudicial Sanctions.(Required)

Proceed to Next Question

Are you satisfied the Extrajudicial sanctions would be appropriate considering the needs of the Young Person and the interests of society?(Required)

Yes

No

Does the law allow for the prosecution of the offence?(Required)

Yes

No
An offence is barred at law if there is a statute of limitations on the prosecution, a prior court finding, or there is immunity from prosecution.

Has one offence or a series of offences resulting from the same incident occurred?(Required)

One incident

Multiple incidents during same time period

Multiple incidents over a different time period or days

Has the Young Person been referred to Extrajudicial Sanctions more than twice?(Required)

Yes

No

Is the Young Person remorseful and/or is there family support for the Young Person to participate in the program?(Required)

Yes

No

You have determined that the Young Person is eligible for Extrajudicial Sanctions. Please complete an Extrajudicial Sanction Referral package which consists of; an Incident Report, "Alberta Youth Extrajudicial Sanctions/Alternative Measures Program - Notification (J2420), and attach a copy of a JOIN conviction report obtained from CPIC. These three documents are then submitted to the Crown's Office for review and approval. Notify the victim that the Young Person has been dealt with by Extrajudicial Sanction. Make sure the victim is notified of the outcome of the investigation.

Thank you for using the Youth Diversion tool to assist you in deciding the best course of action for your investigation!
Return to youthdiversion.ca EJS Referral Form

Follow policy and procedure related to the release of a Young Person that is not being charged or diverted to a program. Make sure the victim is notified of the outcome of the investigation.

Thank you for using the Youth Diversion tool to assist you in deciding the best course of action for your investigation!
Return to youthdiversion.ca

Return from the Crown for a Charge or Exceptional Circumstances Exist

Has there been a previous referral to Extrajudicial Sanctions or there are exceptional circumstances that need to be considered?(Required)
The CPS Diversion Team can be reached at 403-428-8101 or by email at youthdiversion@calgarypolice.ca .

Referral Denied or Sanction not completed

Exceptional circumstances exist

Follow the appropriate policy related to the release of a Young Person while considering your investigative options. The CPS Diversion Team can be reached at 403-428-8101 or by email at youthdiversion@calgarypolice.ca . Make sure the victim is notified of the outcome of the investigation.

Thank you for using the Youth Diversion tool to assist you in deciding the best course of action for your investigation!
Return to youthdiversion.ca

Lay a Charge

Are you charging the Young Person with an offence and taking them to cells?(Required)

Yes

No

Arrest and Release on a Form of Release(Required)

Yes

No

Have you considered the use of any Extrajudicial Measures?(Required)

Yes

No

Follow the appropriate policy related to the release of a Young Person by way of a release document such as Summons to a Person Charged with an Offence, Appearance Notice, or Promise to Appear. Make sure the victim is notified of the outcome of the investigation.

Thank you for using the Youth Diversion tool to assist you in deciding the best course of action for your investigation!
Return to youthdiversion.ca

An arresting officer can always make a recommendation as part of the charging package for Extrajudicial Sanctions post charge. The decision to implement these sanctions will be at the discretion of the Crown. Make sure the victim is notified of the outcome of the investigation.

Thank you for using the Youth Diversion tool to assist you in deciding the best course of action for your investigation!
Return to youthdiversion.ca

Arrest and Charge(Required)

Yes

Have you considered the use of any Extrajudicial Measure?(Required)

Yes

No

Follow the appropriate policy related to the arrest and transport of Young Persons to be dealt with by a Judge or Justice of the Peace. Make sure the victim is notified of the outcome of the investigation.

Thank you for using the Youth Diversion tool to assist you in deciding the best course of action for your investigation!
Return to youthdiversion.ca