EJM/EJS/Adult Diversion Program

What is Extrajudicial Measures (EJM)?

EJMs are interventions that happen without the use of the court system. It is the process of dealing with a young person’s offence before being formally charged. It is more commonly known as a pre-charge diversion.

 

EJM / Pre-Charge Diversion:

  • Referrals come from a Policing Agency, who will provide an explanation of the program;
  • Brief Occurrence Report is requested;
  • Accused is contacted by ACJP to schedule the intake meeting;
  • At intake, the ACJP will explain the program, process, complete the intake form and parties will sign the consent to collaborate form;
  • Conference will be scheduled by ACJP;
  • There will be 2-3 Community Neh-Kanikonriio Council (CNC) members, the facilitator, the accused and their supporters, the victim and their supporters, and relevant resource people present at the conference;
  • The CNC members will make recommendations based on the information  received and a formal agreement will be signed; and
  • If the accused complies with the recommendations, the accused will not be    formally charged  and the matter is dealt with though the Akwesasne Community Justice
    Program.

What is Extrajudicial Sanctions (EJS)?

EJS may be used only if a young person cannot be appropriately dealt with through EJM due to the extremity of the offence. It is more commonly known as a post-charge diversion

 

EJS / Post-Charge Diversion:

  • Accused will attend court for the pending charge (s);
  • The Aboriginal Court Worker identifies clients for EJS, briefly explains the program, and
    refers the accused to the ACJP;
  • Crown Synopsis/brief occurrence report is requested;
  • Accused is contacted by ACJP to schedule the intake meeting;
  • At intake, the ACJP will explain the program, process, complete the intake form, and parties will sign the consent to collaborate form;
  • Conference will be scheduled by ACJP;
  • There will be 2-3 CNC members, the facilitator, the accused and their supporters, the victim and their supporters, and relevant resource people present at the conference;
  • The CNC members will make recommendations based on the information  received and a formal agreement will be signed; and
  • If the accused complies with the recommendations, the charge (s) will be     withdrawn or stayed in the mainstream court system and the matter is dealt with the
    Akwesasne Community Justice Program.

What is an Old Ways Conference?

An Old Ways Conference is the process of dealing with a person’s offence after they have agreed to plead guilty to their offence.

 

Old Ways Conference:

  • The Aboriginal Court Worker identifies clients for Old Ways, briefly explains the program and refers the accused to ACJP;
  • Accused will agree to plead guilty to the offence (s);
  • Crown Synopsis/brief occurrence report is requested;
  • Accused will be contacted by ACJP to schedule the intake meeting;
  • At intake, the ACJP will explain the program, process, complete the intake form and parties will sign the consent to collaborate form;
  • Conference will be scheduled by ACJP;
  • There will be 2-3 CNC members, the facilitator, the accused and their supporters, the victim and their supporters, and relevant resource people present at the conference;
  • The CNC members will make sentencing recommendations based on the information received and a formal agreement will be signed; and
  • The accused will be given time to begin their sentencing recommendations and
    attend court before a Judge of the Ontario Provincial Court.

 

Who is eligible?

  • Any Youth/Adult Aboriginal (status, non-status, Métis, and Inuit);
  • Charged with any Class I offence and some Class II offences under the Criminal Code of Canada; and
  • Can have a criminal record for an Old Ways Conference.

 

What is expected of you?

  • Accept your responsibility for the charge;
  • Cooperate and be respectful;
  • Participate and be on time;
  • Complete the recommendations in the time provided; and
  • Follow up with the Akwesasne Community Justice Program when required to do so.

 

Failure to Comply:

If you do not attend the scheduled intake
meeting, conference or appointments with the
Program Staff then your file will be returned to the referring agency. If you fail to complete the recommendations in the signed agreement in the time given, your file will be returned to the referring agency and dealt with accordingly in the mainstream court system.

 

For more information on the

Akwesasne Community Justice Program,
feel free to contact:

Rena Smoke, Program Manager

Vincenette Cook, A. Aboriginal Court Worker

Erin Seymour, Youth Re-Integration Worker

Jodi Jackson, Community Service Monitor

 

 

Akwesasne Justice Department

P.O. Box 90

Akwesasne, QC H0M 1A0

 

Phone: 613-575-5000

Fax: 613-575-1726

 

rena.smoke@akwesasne.ca

vincenette.cook@akwesasne.ca

erin.seymour@akwesasne.ca

jodi.jackson@akwesasne.ca

 

 

Or visit us at:

Angus Mitchell Memorial Building

Village of St. Regis (Kanatakon)