YCJA Pocket Guide - Government of Nova Scotia

Victims‘ Issues EJM 64
Objectives of extrajudicial measures s.5(b)&(d)
EJM should be designed to
• encourage YPs to acknowledge and repair the harm
they caused to the victim and the community s.5(b)
• give victims a chance to take part in making
decisions that relate to the measures that are
selected, and to receive reparation s.5(d)
Extrajudicial sanctions s.12
Victims who ask are entitled to have information about
the identity of the YP and how the offence was dealt
with when EJS were used.
Principles of youth sentencing
s.38(2)(e)(iii)
Subject to the limit of proportionality, the sentence
must promote a sense of responsibility in the YP and
an acknowledgement of the harm done to victims and
the community.
Factors to consider in youth sentencing
In determining a youth sentence the court MUST take
into account
• the harm done to victims and whether it was
intentional or reasonably foreseeable s.38(3)(b)
• any reparation the YP has made to the victim or the
community s.38(3)(c)
Victim fine surcharge
ss.53&54
When a YP is given a fine, the YCJA allows for the
lieutenant governor of the province to order a percentage
of it to go to help victims of offences. s.53(1)
If no percentage is set by the lieutenant governor, the
court may order a victim fine surcharge of up to 15%.
s.53(2)
The YP may work off both the fine and the surcharge
using credits they earn for work they do under a fine
option program, if one is established. s.54(2)
Publication s.111
(see “Rules governing young witnesses and victims,”
p.117)
Additional provisions relating to victims
• victims should be interviewed for a pre-sentence
report if applicable and reasonably possible
s.40(2)(b)
• provisions for victim impact statements in
CC ss.722,722.1&722.2 apply to youth sentence
proceedings s.50
Victims‘ Issues Victim fine surcharge 65