YCJA Pocket Guide - Government of Nova Scotia

Introduction Jurisdiction of a JP 8
Jurisdiction of a justice of the peace
Justices of the peace may carry out any proceedings
that may be carried out before a justice under the CC
except for plea, trial, and adjudication. s.20(1)
A justice of the peace may decide on judicial interim
release. After their decision, an application may be
made to the youth justice court to release the YP or to
detain them. This application must be heard as an
original application. s.33(1)
A justice of the peace may place a YP on a peace bond
(recognizance – fear of injury or damage) under s.810
of the CC. However, if the YP refuses to enter into a
recognizance then the JP MUST refer this issue to a
youth justice court. s.20(2)
(see “Short sections: ‘Appeals’ to ‘Statements’: Peace
Bonds,” p.112)
EXTRAJUDICIAL MEASURES (EJM)
What extrajudicial measures are
EJM are measures other than court proceedings used
to deal with a YP who has committed an offence (DOJ
Canada).
Part 1 of the YCJA, Extrajudicial Measures, sets out the
particulars for authorized non-court options. These
non-court options fall into three
basic categories
• listed options that police MUST consider s.6
• caution programs for police and Crown that MAY
be established by the Attorney General ss.7 & 8
AND
• the more-formal program of extrajudicial sanctions
which requires a referral. The referral may come
from police, Crown, or both depending on the rules
of the program s.10
Extrajudicial Measures What EJM are 9