Diversion Tool - Calgary Youth Justice Society

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.

Badge Number*This information is not retained within the tool. It only unlocks access to the Youth Diversion Tool for questions related to your agency policy.
Please enter a number from 2000 to 99999.
What age was the offender at the time the offence was committed?*
- 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 .
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.

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)

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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.

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Do you know what you want to do with the offender?*
- 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?*
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.*
- 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.*Changes made under bill C-75 amended the YCJA such that it deems that Extrajudicial Measures (Sanctions) are adequate unless the Young Person has a history of repetitive failures OR the young person's failure or refusal caused harm, or a risk of harm, to the safety of the public (s. 4.1(1) YCJA). Conditions may not be imposed on a Young Person's release such that they are a substitue for appropriate child protection, mental health or other social measures (s. 28.1 YCJA). Administration of Justice Offences are those offences where there is a breach to a condition of either release or sentence. Pursuant to section 4.1 (1) YCJA, Extrajudicial Measures are presumed to be adequate to hold a young person accountable for a failure or refusal referred to in section 137 and for a failure referred to in section 496 of the Criminal Code unless (a) the young person has a history of repetitive failures or refusals; or (b) the young person’s failure or refusal caused harm, or a risk of harm, to the safety of the public.
- 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.

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I don’t know what the best course of action is.
Has the Young Person been advised of their right to Counsel?*Ensure that the Young Person has had their right to counsel explained to them. If they are being charged with an offence and immediately released, a Written Notice to Parent is required. If they are being transported to cells, a Verbal Notice to Parent is required. After being properly cautioned, a Young Person may waive their right to consult counsel and/or a parent or other appropriate adult or to have them present during the providing of a statement. Any such waiver must be recorded pursuant to section 146 YCJA or written in a statement signed by the Young Person section 146 YCJA and 42 YJA.
- 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.*Ensure that the Young Person has had their right to counsel explained to them. If they are being charged with an offence and immediately released, a Written Notice to Parent is required. If they are being transported to cells, a Verbal Notice to Parent is required.
- Yes
Do you believe on reasonable grounds that the Young Person has committed the offence?*
- Yes
- No
Is this a Provincial or Municipal (Bylaw) offence?*
- 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?*A serious offence means an indictable offence under an Act of Parliament for which the maximum punishment is imprisonment for 5 years or more. A serious violent offence includes: First or Second-degree murder, attempt to commit murder, manslaughter, or aggravated sexual assault. These offences are not eligible for Extrajudicial Sanctions.
- 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.*The standard police caution is insufficient for Young Persons. Section 146 YCJA and 32 YJA require that a caution and waiver be given in a language appropriate to the Young Person's age and understanding. The caution and waiver must be given at the time of arrest, and when a statement is obtained. Record in your notes, verbatim, the Young Person's response. If a Young Person makes a statement and indicates they did not do the offence, they are not eligible for Extrajudicial Measures or Extrajudicial Sanctions (s. 10(3) YCJA). Any admission, confession, or statement made by a Young Person as a condition of being dealt with by Extrajudicial Measures is inadmissible in evidence against any Young Person in civil or criminal proceedings (s. 10(4) YCJA).
- 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.*A youth is under no obligation to make a statement, any statement given may be used in evidence against them, they have the full right to counsel and a parent, or any other appropriate adult, and any statement made must be made in the presence of counsel a parent or any other appropriate adult unless they desire otherwise.
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?If the youth has had a previous Gateway referral, they are not eligible to be enrolled in that program. For a Gateway referral, the young person is not eligible if the offence is of a violent nature. If the youth has had a previous Sanctions referral, they are allowed to participate twice without being charged. If this is the young persons third offence within diversion, they must be charged. If you believe that the young person would benefit from a diversion option select YES. For CPS, Cautions are not currently used.
- 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.*Application of an Extrajudicial Measure is not dependent on the Young Person admitting responsibility for the offence. However, Extrajudicial Sanctions may not be used in respect of a Young Person who denies participation in the involvement in the commission of the offence or wishes to have the charge dealt with by a Youth Justice Court (s. 10(3) YCJA).
- 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.*A Young Person who has been previously found guilty of; a Criminal Code or Controlled Drugs and Substances Act offence, or who has been previously enrolled in the Extrajudicial Sanctions Program. If Alternative Measures or a "Caution Letter" has been given by the Crown, these are also deemed to be prior extrajudicial sanctions. In CPS Sentry, a previous diversionary referral will have a flag of "YD" on the names list.
- 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)?*Changes made under bill C-75 amended the YCJA such that it deems that Extrajudicial Measures (Sanctions) are adequate unless the Young Person has a history of repetitive failures OR the young person's failure or refusal caused harm, or a risk of harm, to the safety of the public (s. 4.1(1) YCJA). Conditions may not be imposed on a Young Person's release such that they are a substitue for appropriate child protection, mental health or other social measures (s. 28.1 YCJA). Administration of Justice Offences are those offences where there is a breach to a condition of either release or sentence. Pursuant to section 4.1 (1) YCJA, Extrajudicial Measures are presumed to be adequate to hold a young person accountable for a failure or refusal referred to in section 137 and for a failure referred to in section 496 of the Criminal Code unless (a) the young person has a history of repetitive failures or refusals; or (b) the young person’s failure or refusal caused harm, or a risk of harm, to the safety of the public.
- 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?*
- Yes
- No
Does the Young Person have a history of repetitive failures or refusals to abide by conditions?*If a Young Person has committed 2 or more breaches, or has committed a breach and another offence, this counts as more than 2 offences and charges may be laid.
- Yes
- No
Are Extrajudicial Sanctions appropriate due to exceptional circumstances?*The YCJA, which came into force in 2003, has reduced the over-use of the formal court system and of custody for youth (65% reduction in youth custody). The YCJA contemplates alternatives to charging for less serious offences (such as Administration of Justice Offences "AOJOs"), including requiring police officers to consider using non-charge options or “extrajudicial measures” before deciding to charge a young person. The Act aims to reduce over-reliance on custody by reserving custodial sentences primarily for violent and serious repeat offenders. The YCJA also emphasizes the importance of timely intervention with youth, given that youths’ perception of time is different than adults’ and that the ability of a young person to appreciate the connection between offending behaviour and its consequences weakens the longer the proceedings take to complete. Despite the YCJA’s clear direction, cases in which an AOJO is the most serious offence are disproportionately dealt with through police charging, prosecution and custody sentences. AOJOs contribute to the overrepresentation of vulnerable young people, particularly Indigenous youth, in the youth justice system. The aim of the YCJA amendments is to strengthen aspects of the current YCJA so that AOJOs occur less frequently, will most often be dealt with through extrajudicial measures or by a judicial review process, and will be less likely to result in custody.
- Yes
- No
If reasonable grounds do not exist to believe the youth is responsible for the offence, they may not be referred or charged.

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Cautions, Warnings, Referrals to a Community Program
I want to apply a Warning, Caution or Referral to a Community Program*Section 6 YCJA -6 (1) A police officer shall, before starting judicial proceedings or taking any other measures under this Act against a young person alleged to have committed an offence, consider whether it would be sufficient, having regard to the principles set out in sections 4 and 4.1, to take no further action, warn the young person, administer a caution, if a program has been established under section 7, or, with the consent of the young person, refer the young person to a program or agency in the community that may assist the young person not to commit offences. Section 7 states that "The Attorney General, or any other minister designated by the lieutenant governor of a province, may establish a program authorizing the police to administer cautions to young persons instead of starting judicial proceedings under this Act."
- Yes
- No
Has the Young Person been advised of their right to Counsel?*Ensure that the Young Person has had their right to counsel explained to them. If they are being charged with an offence and immediately released, a Written Notice to Parent is required. If they are being transported to cells, a Verbal Notice to Parent is required. After being properly cautioned, a Young Person may waive their right to consult counsel and/or a parent or other appropriate adult or to have them present during the providing of a statement. Any such waiver must be recorded pursuant to section 146 YCJA or written in a statement signed by the Young Person section 146 YCJA and 42 YJA.
- Yes
- No
I have advised the Young Person of their right to speak with counsel, parent, or any other appropriate adult of their choosing.*Ensure that the Young Person has had their right to counsel explained to them. If they are being charged with an offence and immediately released, a Written Notice to Parent is required. If they are being transported to cells, a Verbal Notice to Parent is required.
- Yes
Is the Young Person responsible for a first time non-violent offence?*Offences in which the Young Person endangers the life or safety of others by creating a substantial likelihood of causing bodily harm.
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?*
- Yes
- No
Has the Young Person provided a statement in relation to the offence?*The standard police caution is insufficient for Young Persons. Section 146 YCJA and 32 YJA require that a caution and waiver be given in a language appropriate to the Young Person's age and understanding. The caution and waiver must be given at the time of arrest, and when a statement is obtained. Record in your notes, verbatim, the Young Person's response. If a Young Person makes a statement and indicates they did not do the offence, they are not eligible for Extrajudicial Measures or Extrajudicial Sanctions (s. 10(3) YCJA). Any admission, confession, or statement made by a Young Person as a condition of being dealt with by Extrajudicial Measures is inadmissable in evidence against any Young Person in civil or criminal proceedings (s. 10(4) YCJA).
- Yes
- No - but accepts responsibility
- No - doesn't accept responsibility
Is the Young Person being accused of a Serious Offence?*Means an indictable offence under an Act of Parliament for which the maximum punishment is imprisonment for 5 years or more. These offences are not eligible for Extrajudicial Sanctions.
- Yes
- No
Is the Young Person's voluntary statement being considered to determine a diversion option?*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. A youth is under no obligation to make a statement, any statement given may be used in evidence against them, they have the full right to counsel and a parent, or any other appropriate adult, and any statement made must be made in the presence of counsel a parent or any other appropriate adult unless they desire otherwise.
Use the Youth Caution and Waiver
- Proceed to the Next Question
Will a caution, warning or referral to a Community Program be sufficient to hold the Young Person accountable, or, is this the first time the offender has been caught for an offence?*Once referred to a program like Gateway or given a warning or caution by an officer, the Young Person is not able to be charged for failing to abide by or complete the Extrajudicial Measures chosen. If the young person has been previously charged, or a caution/warning/referral to a community program has been used, answer NO.
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?*
- Yes
- No
Has the Young Person admitted responsibility for the offence?*Application of a caution, warning or referral to a program is not dependent on the Young Person admitting responsibility for the offence. However, Extrajudicial Sanctions may not be used in respect of a Young Person who denies participation in the involvement in the commission of the offence or wishes to have the charge dealt with by a Youth Justice Court (s. 10(3) YCJA).
- Yes
- No
Do you wish to participate in an advisory conference at a future date?*An Advisory Conference can be used to assist in the determination of the appropriateness of Extrajudicial Measures. An officer may participate in an Advisory Conference involving any of the following persons: the Young Person, the Young Person's parents, and the victim (s. 19 YCJA). For CPS members, contact the Diversion Team about conference options.
- 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?*
- 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?*
- 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.

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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.

Thank you for using the Youth Diversion tool to assist you in deciding the best course of action for your investigation!
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Extrajudicial Sanctions (Youth Justice Committees)
I want to apply an Extrajudicial Sanction*Extrajudicial Sanction is used to deal with a young person alleged to have committed an offence where the Young Person cannot be adequately dealt with by a warning, caution, or referral because of the the seriousness of the offence, the nature and number of previous offences committed or any other aggravating circumstances, but where Judicial proceedings are not warranted. Section 10 YCJA - 10 (1) An extrajudicial sanction may be used to deal with a young person alleged to have committed an offence only if the young person cannot be adequately dealt with by a warning, caution or referral mentioned in section 6, 7 or 8 because of the seriousness of the offence, the nature and number of previous offences committed by the young person or any other aggravating circumstances.
- Yes
- No
The Young Person has been properly advised of their right to counsel, and has been given an opportunity to consult with counsel?*
- Yes
- No
I have advised the Young Person of their right to speak with counsel, parent, or any other appropriate adult of their choosing.*Ensure that the Young Person has had their right to counsel explained to them. If they are being charged with an offence and immediately released, a Written Notice to Parent is required. If they are being transported to cells, a Verbal Notice to Parent is required.
- Yes
Is there sufficient evidence to proceed with the prosecution of the offence?*
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?*Means an indictable offence under an Act of Parliament for which the maximum punishment is imprisonment for five years or more. These offences are not eligible for Extrajudicial Sanctions.
- Yes
- No
Has the Young Person provided a statement in relation to the offence?*The standard police caution is insufficient for Young Persons. Section 146 YCJA and 32 YJA require that a caution and waiver be given in a language appropriate to the Young Person's age and understanding. The caution and waiver must be given at the time of arrest, and when a statement is obtained. Record in your notes, verbatim, the Young Person's response. If a Young Person makes a statement and indicates they did not do the offence, they are not eligible for Extrajudicial Measures or Extrajudicial Sanctions (s. 10(3) YCJA). Any admission, confession, or statement made by a Young Person as a condition of being dealt with by Extrajudicial Measures is inadmissible in evidence against any Young Person in civil or criminal proceedings (s. 10(4) YCJA).
- 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.*
Use the Youth Caution and Waiver Form
- Proceed to Next Question
The Young Person accepts responsibility for the act that forms the basis of the offence.*
- Yes
- No
Does the Young Person fully and freely consent to be a subject of an Extrajudicial Sanction?*Extrajudicial Sanction is used to deal with a young person alleged to have commited an offence where the Young Person cannot be adequately dealt with by a warning, caution, or referral because of the the seriousness of the offence, the nature and number of previous offences committed or any other aggravating circumstances, but where Judicial proceedings are not warranted. Section 10 YCJA - 10 (1) An extrajudicial sanction may be used to deal with a young person alleged to have committed an offence only if the young person cannot be adequately dealt with by a warning, caution or referral mentioned in section 6, 7 or 8 because of the seriousness of the offence, the nature and number of previous offences committed by the young person or any other aggravating circumstances.
- Yes
- No
Is the offence an assault?*Offences in which the Young Person endangers the life or safety of others by creating a substantial likelihood of causing bodily harm.
- Yes
- No
Is the assault a domestic assault or intimate partner violence?*
- Yes
- No
Is the assault involving minor violence between a sibling or parent of the Young Person?*
- Yes
- No
Have threats been made?*
- 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?*Offences in which the Young Person endangers the life or safety of others by creating a substantial likelihood of causing bodily harm.
- Yes
- No
Has a break and enter of a residence occurred?*Break and enter of a residence is not eligible for Diversion.
- Yes
- No
Has perjury or giving contradictory evidence occurred?*
- Yes
- No
Is this a driving related offence?*Driving offences are those that involve the operation of a motor vehicle.
- Yes
- No
Is this related to glue and solvent sniffing, an offence under the School Act or the Gaming, Liquour and Cannabis Act?*
- Yes
- No
You have reached this point because all other offences are eligible for Extrajudicial Sanctions.*
- 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?*
- Yes
- No
Does the law allow for the prosecution of the offence?*This term references the ability to actually run a trial on the offence. In some cases the law indicates an offence has occurred, but there is a statute of limitations on the time to lay a charge.
- Yes
- No
Has one offence or a series of offences resulting from the same incident occurred?*If the youth is being investigated for a series of offences that arise from the same incident, they may be eligible for diversion. If the offences have occurred over a period of time, a charge should be laid.
- 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?*A Young Person who has been previously found guilty of; a Criminal Code or Controlled Drugs and Substances Act offence, or who has been previously enrolled in the Extrajudicial Sanctions Program. If Alternative Measures or a "Caution Letter" has been given by the Crown, these are also deemed to be prior extrajudicial sanctions.
- Yes
- No
Is the Young Person remorseful and/or is there family support for the Young Person to participate in the program?*While it is recognized that family support is important as is the remorse demonstrated by a Young Person in relation to the commission of an offence, neither of these factors are viewed as primary considerations such that their absence would make the Young Person ineligible for Extrajudicial Sanctions.
- 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.

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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.

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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?*All Extrajudicial Sanctions packages are reviewed by a member of the Crown Prosecutor's Office Youth Unit. If the Crown agrees with the referral, the package will be forwarded to the Solicitor General - Youth Attendance Center for action. Taking into account the seriousness of the offence, the history of the Young Person, and any other relevant factors, the file could be assigned to a Youth Justice Committee or retained by Youth Attendance Center for supervision of Extrajudicial Sanctions. When a file is not assigned to a Youth Justice Committee due to a previous referral, or the Crown deems the matter not to be given Extrajudicial Sanctions, the file is returned to the investigating officer for the processing of charges.
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 .

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Lay a Charge
Are you charging the Young Person with an offence and taking them to cells?*
- Yes
- No
Arrest and Release on a Form of Release*The Young Person is given a Field Officer Release document. A full and complete charging package is required including a "Written Notice to Parent".
- Yes
- No
Have you considered the use of any Extrajudicial Measures?*An officer can recommend even when charging a youth, that Extrajudicial Sanctions can be utilized, but this is a decision that the prosecutor makes upon review of the charging package. When a young person is charged, a caution, warning or referral to a program like Gateway is not possible.
- 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.

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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.

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Arrest and Charge*The Young Person is transported to Arrest Processing for the purposes of seeing a Justice of the Peace or Judge. A full arrest package is required including the "Verbal Notice to Parent".
- Yes
Have you considered the use of any Extrajudicial Measure?*
- 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.

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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.

Thank you for using the Youth Diversion tool to assist you in deciding the best course of action for your investigation!
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Comments
This field is for validation purposes and should be left unchanged.

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

Cautions, Warnings, Referrals to a Community Program

Extrajudicial Sanctions (Youth Justice Committees)

Return from the Crown for a Charge or Exceptional Circumstances Exist

Lay a Charge