Advocacy & Public Legal Education

Diversion programs first emerged in the 1970s as a way to keep young people out of the courts and support their rehabilitation. Since the introduction of the Youth Criminal Justice Act in 2003, community-based diversion programs, through extrajudicial measures, have become widespread across Canada. However, diversion programs, policies and practices differ widely across the country, and even within the province. Building on our experience running restorative court-diversion programs in Toronto, Peacebuilders is uniquely positioned to provide research and recommendations to policy-makers and diversion service providers on how diversion impacts youth in conflict with the law, and how our policies and practices can be improved to support young people’s rehabilitation. Related Issues:

Extrajudicial Sanctions (EJS)

Extrajudicial Measures (EJM) & Police Pre-Charge Diversion >/li>

Restorative justice is a way of addressing conflict that enables the individual who caused harm, the people who were affected by it, and the larger community to work together to create a meaningful resolution. Canada’s Youth Criminal Justice Actincludes several provisions that are consistent with restorative justice principles and practices including Section 3 (Principles), Section 4 (Extrajudicial measures), Section 10 (Extrajudicial sanctions), Section 19 (Conferences), and Section 42 (Youth sentences). We advocate for the use of restorative practices and principles in our justice and education systems. We also create materials and conduct presentations on restorative justice processes and methods. For more information on restorative justice services in training, visit our Services and Training page. Resources: Impacts of Restorative Justice on Youth in Conflict with the Law

In Canada, youth justice is a distinct area of law with its own legislation that recognizes young people’s heightened vulnerability, fundamental rights, special protections, and diminished moral blameworthiness. Young people have the right to a lawyer and full representation; they appear before judges in specialized youth courts. When young people are held accountable for their actions, the overarching goal is rehabilitation, not punishment. In Ontario, youth justice is typically adjudicated by judges who preside predominantly in adult criminal court, but there are some notable exceptions. The Ontario Court of Justice at 311 Jarvis Street in Toronto brings together youth justice courts, family courts, and youth support services under one roof. This unique combination has fostered a child-centred approach to youth justice that aims to address the underlying factors that lead young people into conflict with the law. 311 Jarvis has pioneered significant improvements in youth justice that reflect the Youth Criminal Justice Act’s goals of rehabilitation and reintegration. Since 2010, Peacebuilders has operated its Restorative Justice programs out of 311 Jarvis Street. We know that we can build on the 311 Jarvis model to ensure that at the front door of the justice system, youth and their families are provided with not only access to justice, but also access to social justice—the holistic and community-based supports that will allow young people to succeed and our communities to thrive. Resources: Building a Better Youth Court: Toronto Community Consultations Full Report Short Report Executive Summary

A youth record is any document that connects a young person to a criminal case under the Youth Criminal Justice Act. Youth records include all the information kept in police, court, government or non-government agency records about an individual’s involvement with the youth justice system. No one can look at a youth record after a certain period of time has passed. But having a youth record can prevent young people from travelling outside of Canada, studying at some universities, securing stable employment or meaningful volunteer opportunities. We help young people understand the long-term implications of their records, and advocate to ensure that young people’s records remain confidential and do not prevent them from realizing their full potential. Resources: Community Legal Education Ontario – Youth Records Police Records Hub Reducing Barriers for Youth with Police Records