HOW THE PROCESS WORKS

The 12+ Youth Justice Committee uses the process of Community Justice Conferencing to faciliate restorative justice.

Case referrals generally come from two sources.  Police may refer a case to a committee before a charge is laid (pre-charge) or the Crown may refer a case after a charge has been laid (post-charge).

When a new case is referred to the 12+ Youth Justice Committee, the Coordinator will meet separately with the victims(s) and the young person (and their parent/guardian) to explain the process and to review the case details to determine suitability.  If all parties agree to the process, the Coordinator assigns the case to a Facilitator.

Facilitators are community volunteers that are trained as Community Justice Conference Facilitators.  The Facilitators are assigned to referred cases by the 12+ Youth Justice Committee Coordinator.  The facilitators are neutral.  They do not offer their own opinions or ideas and they do not offer input into the resolution process.

The facililtator will meet separately with victim(s) and the young person (with their parent/guardian) to discuss the details of the case.  The Facilitators will try to get everyone as prepared as possible.  For example, if the victim is seeking restitution, the Facilitator will ask the victim to bring a receipt for the cost of repairing the damage.  The facilitator will ask the young person quesions such as if he/she has a job or if he/she is in school.  The answers to these questions could prove very important if the victim is seeking restitution.

The Facilitator is also responsible for inviting others to the conference.  The Facilitator will often invite the investigating Officer(s) school counselor, First Nations Elders, etc.  These people's insight and ideas can be very beneficial to the conference.

Everyone that participates in a conference is required to sign a participation agreement.  This agreement outlines the confidentiality requirements and the legal consequences of breaching that agreement.  Nothing said in a conference is allowed to be discussed outside of the conference.  Also, nothing said in a conference can be used against the youth in a Court of Law.

Everyone in the conference gets a chance to speak.  The youth must explain to the victim what he/she did.  The victim is given the chance to explain to the youth what has happened to him/her as a result of the actions of the youth.  They are encouraged to convey the feelings they have had because of the wrongdoing.  Many victims experience fear, hurt, anger etc.  After everyone has had a chance to speak, the group, including the youth, works together to find a way that the youth can repair the damages he/she caused.  This agreement is called the resolution agreement.  Some examples of what the resolution agreement could include are:

  • community service
  • written project
  • curfews
  • restitution
  • voluntary participation in counselling programs, such as anger management sessions
  • an agreement by the offender not to associate with a person or group

Once an agreement has been reached that is satisfactory to everyone involved, the Facilitator writes up the resolution agreement.  This agreement is very precise.  It includes the who, what, when, where and how so that nothing is left to interpretation.  The agreement must also be achievable.  The aim is to have a resolution that will not directly or indirectly set the youth up for failure.

 

When the youth completes the resolution agreement satisfactorily one of the following two outcomes will result.  If the youth had not yet been charged with the offence, the youth will never be charged with that offence.  If the youth had already been charged with the offence, the charge will be dropped and will result in no criminal record.

If the youth does NOT complete the resolution agreement, one of the following two outcomes will result.  If the youth had not yet been charged with the offence, the case will be referred back to the police and the police will have the option to proceed with filing the charge.  If the youth had already been charged with the offence, the case will be referred back to the Crown and will be dealt with through the traditional court system.

 

 

 

 

 

©2005