Criteria for Referrals

Along with the Criminal Code and the Youth Criminal Justice Act, guidelines and policies for the use of Alternative Measures (AM) and Extrajudicial Sanctions (EJS) are outlined in the Alternative Measures and Extrajudicial Sanctions Policies and the Alternative Measures and Extrajudicial Sanctions Program Manual. While the programs are similar, AM programs are used when the accused is an adult and EJS programs are used for youth.

Typically, AM and EJS are used when:

• they are appropriate in regards to the needs of the accused, the victim and society;
• the accused freely consents to participate and has been advised of the right to be represented by legal counsel; and
• the accused accepts responsibility for the offence.

Some offences are ineligible for AM and EJS programs. Offences that are not eligible include:

• Incidents involving the use of or threatened use of a weapon where the Crown proceeds by indictment
• Any offence involving the use of or threatened use of bladed weapons, firearms, or any restricted or prohibited weapons
• Offences involving violence against any person where the Crown proceeds by indictment
• Offences involving non-sexual violence against children under 18 years of age committed by a person in a position of trust or authority
• Offences involving sexual violence against children or the sexual exploitation of children (including sexual assault, sexual interference, luring, child pornography and procurement)
• Offences involving spousal/partner violence (including acts or threats of physical or sexual assault or criminal harassment)
• Offences involving a sexual assault where the Crown proceeds by indictment
• Perjury
• Criminal organization offences
• Criminal Code driving offences
• Federal offences other than Criminal Code offences, unless specifically authorized by the Federal Minister of Justice. The availability of alternative measures and extrajudicial sanctions regarding these offences is determined by Justice Canada: Public Prosecution Service of Canada (PPSC) Deskbook.

The decision about which offenders are eligible for these programs is made by the Crown Prosecutor, although police, defence lawyers, the victim or the accused may request a referral to an AM or EJS program.

AM and EJS programs also receive referrals involving non-criminal conflicts such as conflict in schools or disputes between neighbours. These referrals are encouraged and accepted from workplaces, schools, neighbourhoods, municipalities, First Nations and other sources.

For more information about these programs in your community, please contact restorativejustice@gov.sk.ca.