What age was the offender at the time the offence was committed? (Required) If you are looking for resources or programs, please see the below link. The K Division Alternative and Restorative Justice Coordinators can be reached at krjanddiversion-kjretdejudiciarisation@rcmp-grc.gc.ca . The CYJS Law Enforcement Liaison can be reached at info@youthdiversion.ca .
Resources for Law Enforcement Do you know what you want to do with the offender? (Required) 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 RCMP members, you will need to follow the PCA charging workflow. This means that the offender will need to receive an Appearance Notice or Undertaking.
I intend to charge the individual or do a direct referral to a diversion program. such as a Youth Justice Committee. (Required) What processing path do I wish to take? Diversion is allowed for Administration of Justice Offences to a Sanctions program. (Required)
I don’t know what the best course of action is. Has the Young Person been advised of their right to Counsel? (Required) I have now advised the Young Person of their right to speak with counsel, parent, or any other appropriate adult of their choosing. (Required) Do you believe on reasonable grounds that the Young Person has committed the offence? (Required) Is this a Provincial or Municipal (Bylaw) offence? (Required) Is the Young Person being accused of an offence where the punishment has a maximum term of 5 years or more? (Required) 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) 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
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? 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) 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) For the purposes of the YCJA, a second time offender is someone who has been found guilty of an offence in the preceding 2 years.
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) These are commonly referred to as "Breaches" of either a release condition or a sentencing order.
Does the Young Person's failure or refusal to follow conditions cause harm, the risk of harm, to the safety of the public? (Required) Does the Young Person have a history of repetitive failures or refusals to abide by conditions? (Required) Are Extrajudicial Sanctions appropriate due to exceptional circumstances? (Required)
Cautions, Warnings, Referrals to a Community Program I want to apply a Warning, Caution or Referral to a Community Program (Required) A community program can by a YJC or an RJ program. The appropriateness of the program choice will be discussed with you by the AJ and RJ Coordinators.
Has the Young Person been advised of their right to Counsel? (Required) I have advised the Young Person of their right to speak with counsel, parent, or any other appropriate adult of their choosing. (Required) 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
Do you believe on reasonable grounds that the Young Person has committed the offence? (Required) Has the Young Person provided a statement in relation to the offence? (Required) Is the Young Person being accused of a Serious Offence? (Required) Is the Young Person's voluntary statement being considered to determine a diversion option? (Required) Use the Youth Caution and Waiver
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.
Is the Young Person consenting to the use of a Caution, Warning or Referral to a Community Program? (Required) Has the Young Person admitted responsibility for the offence? (Required) Do you wish to participate in an advisory conference at a future date? (Required) An advisory conference can also be convened pursuant to section 19 of the YCJA to determine the appropriateness of an investigative outcome.
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) 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)
Extrajudicial Sanctions (Youth Justice Committees) I want to apply an Extrajudicial Sanction (Required) The Young Person has been properly advised of their right to counsel, and has been given an opportunity to consult with counsel? (Required) I have advised the Young Person of their right to speak with counsel, parent, or any other appropriate adult of their choosing. (Required) 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?
Is the Young Person being accused of a Serious Offence? (Required) Has the Young Person provided a statement in relation to the offence? (Required) 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
The Young Person accepts responsibility for the act that forms the basis of the offence. (Required) Does the Young Person fully and freely consent to be a subject of an Extrajudicial Sanction? (Required) Is the offence an assault? (Required) Is the assault a domestic assault or intimate partner violence? (Required) IPV is not divertable.
Is the assault involving minor violence between a sibling or parent of the Young Person? (Required) Have threats been made? (Required) 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) Has a break and enter of a residence occurred? (Required) Has perjury or giving contradictory evidence occurred? (Required) Is this a driving related offence? (Required) Is this related to glue and solvent sniffing, an offence under the School Act or the Gaming, Liquour and Cannabis Act? (Required) You have reached this point because all other offences are eligible for Extrajudicial Sanctions. (Required) Are you satisfied the Extrajudicial sanctions would be appropriate considering the needs of the Young Person and the interests of society? (Required) Does the law allow for the prosecution of the offence? (Required) 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) Has the Young Person been referred to Extrajudicial Sanctions more than twice? (Required) In order to determine if the young person has had a prior referral, look up on JOIN to determine their history. A prior referral will have a "D" docket number.
Is the Young Person remorseful and/or is there family support for the Young Person to participate in the program? (Required)
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 RCMP AJ and RJ Diversion Team can be reached by email at krjanddiversion-kjretdejudiciarisation@rcmp-grc.gc.ca .
Lay a Charge Are you charging the Young Person with an offence and taking them to cells for a bail hearing? (Required) Arrest and Release on a Form of Release (Required) Have you considered the use of any Extrajudicial Measures? (Required) Arrest and Charge (Required) Have you considered the use of any Extrajudicial Measure? (Required) 
