The law lets the police decide if young people, aged 12 to 17, who are accused of a crime, can avoid going to court. This is called an extrajudicial measure.
Types of extrajudicial measures
Extrajudicial means outside the court. An extrajudicial measure is a way of holding teenagers accountable for their actions without going to court.
When police stop a teenager, they decide whether an extrajudicial measure is the best way to deal with the teen’s case. If the police decide on an extrajudicial measure, the teenager will not have to go to court.
The police officer has several options, depending on the offense committed by the teenager. They can simply give a warning if they believe it is enough to correct the behavior and repair the harm done. They can also choose to send the teenager to an alternative justice organization (OJA), such as Équijustice. Finally, they may choose not to take any further action, for example, if the police investigation has already served as a lesson.
These are the extrajudicial measures police can take, depending on what the teenager has done:
- They can take no further measures. Doing nothing is still an extrajudicial measure.
- They can give the teenager a warning, if they think it can quickly and effectively correct the behaviour and repair the harm caused.
- They can refer the teenager to an Organisme de justice alternative or OJA (alternative justice organization), like Équijustice.
If a teenager is stopped by the police, the police officer must tell the teen about these rights:
- the right to know why the officer stopped the teenager
- the right to talk to a lawyer
- the right to remain silent
The officer must also contact the teen’s parents to let them know what is happening.
Police keep information about the teenager
Even if the police decide to take no further measures they must record what happened in a database kept by the Centre des renseignements policiers du Québec (CRPQ or Quebec police information centre). This means that, for the next two years, police officers throughout Quebec will be able to see that the police stopped the teenager. Officers will also be able to see how the case was dealt with. If the teenager is accused of another crime, the police will know that an extrajudicial measure was taken against him in the past.
Referral to an Organisme de justice alternative (OJA)
An Organisme de justice alternative or OJA (alternative justice organization) is a community organization that works with teenagers accused of crimes and with victims of crimes.
If the police refer a teenager to an OJA, a professional who works at the OJA will contact the teen within a few weeks. The professional will recommend that the teenager take part in an activity or program that is meant to help him.
The teenager will usually have to go to information and awareness sessions, and sometimes a reparation process. They last about two hours. The OJA will ask the parents to attend as well.
At the end of the support, the teenager’s case will be over. He will not have to go to court.
What if the police decide not to take extrajudicial measures
The police might decide that extrajudicial measures are not the best way to deal with a teenager’s case. This could happen if the crime is very serious, or if the teen says he didn’t commit the crime.
In cases like this, the police will send the file to the prosecutor (PPCP). This is a government lawyer who brings cases to court against people accused of crimes. Prosecutors are officially called criminal and penal prosecuting attorneys. The prosecutor is responsible for the progress of criminal cases before the court..