The Toronto Northwest Justice Centre – A Toronto-Specific Alternative to Extrajudicial Sanctions

By Tiffany Phan, Articling Student

When a Young Person is arrested in Toronto and the charges are relatively minor, Crowns will often propose Extrajudicial Sanctions (EJS) as an available path to resolution. Upon completion of the assigned sanctions, which may include apologies, counselling, writing assignments, restitution, program participation, and community service, the charges are withdrawn.

In Toronto specifically, there is another potential path to resolution that may be available for Young Persons, and that is through the Toronto Northwest Justice Centre (TNWJC) located within the Ontario Court of Justice located at 10 Armoury St.

Having a matter resolve through the TNWJC largely mirrors having it resolve via EJS—after a Young Person does the necessary “upfront” work, their charges are withdrawn. However, there is one notable difference between them and that is regarding the role of community in Young Persons’ criminal matters.

What is the Toronto Northwest Justice Centre?

The TNWJC presents an alternative to the traditional court model of criminal justice. As an alternative, it views youth involvement with the justice system—whether it is as a complainant, a witness, or an accused—as a broader community issue. Since the TNWJC views youth involvement with the justice system as a community issue, it operates under the idea that involving the community is a necessary part of the solution.

By involving the community, the TNWJC aims to meet the twin objectives of: 1) Holding the Young Person accountable for their actions; and 2) Building up the Young Person’s support network and educational/skill foundation, which in turn reduces the risk of their continued involvement with the criminal justice system.

Benefits of the Toronto Northwest Justice Centre

  • The Young Person is involved in determining appropriate sanctions for themselves.

  • A Justice Centre System Navigator works closely with the Young Person to identify areas of need (e.g., in education, employment, mental health, physical health, social relationships, housing, etc.) and then works to connect them to relevant services.

  • The Justice Centre includes two satellite locations (Rexdale Community Hub and Lumenus Community Services) that provide the Young Person with access to technology to attend their court appearances virtually.

Process at a Glance

1)    Typically, a Crown will use their discretion to determine whether a matter is suitable for transfer into the TNWJC. This may happen at the First Appearance or at a later point during discussions between the Young Person’s Legal Representative and the Crown.

2)    If the TNWJC is determined to be an appropriate avenue for resolving a Young Person’s matter, the Young Person is provided with a Participation Agreement to review and sign.

3)    After the signed Participation Agreement is submitted, a System Navigator will arrange for a screening and needs assessment interview with the Young Person.

4)    Following completion of the needs assessment, the System Navigator will work closely with the Young Person to create an “Individual Plan” of actionable items, the completion of which is intended to satisfy the twin objectives mentioned above. While making this Plan, the System Navigator will recommend community-based referrals that may assist a Young Person and will make them if the Young Person and their Legal Representative are agreeable to them.

5)    Once the Individual Plan has been created, the Young Person and/or their Legal Representative then make(s) periodic appearances at the Justice Centre for progress check-ins.

6)    Upon fulfillment of the Individual Plan, the Young Person’s matter concludes with the charge(s) being withdrawn. Entering into a Peace Bond may or may not be required for charge withdrawal.

Conclusion

The TNWJC offers a resolution route characterized by 1-on-1 support from Justice Centre System Navigators and timely connection to community supports. In these two ways, the TNWJC may present a more appealing avenue for resolving a Youth criminal matter than EJS if it is available.

 

For Further Information Regarding the TNWJC, visit:

·      https://www.ontario.ca/page/justice-centres

·      https://hsjcc.on.ca/the-toronto-northwest-justice-centre-webinar-2022-06-16/

 

 

 

 

 

 

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Articling Student Pearl Bakhtiari Published in the Windsor Review of Legal and Social Issues