6. Conclusion

This research study was conducted in an effort to further understand to what extent and in what ways youth who come in contact with the police as a result of an alleged criminal incident are being diverted out of the CJS. Specifically, the study examined the use of various types of EJMs at the policing stage (in accordance to Part I of the YCJA), across Canada, from 2010 to 2021, while considering urban/rural differences and offence types.

The findings of this study support previous literature noting the positive changes brought about by the YCJA such as the use of diversion through the application of EJMs rather than pursuing more punitive formal proceedings, as evidenced through trends in police charging practices. This trend has remained throughout the post-YCJA period, with less than half of all youth who came in contact with the police resulted in a police charge being laid, while the remaining youth (i.e., over half) were either diverted by EJMs or cleared by other means. Findings of this study also support the YCJA’s principles of promoting diversion, particularly with less serious offences. With respect to the various types of EJMs, verbal warnings were the most frequently used EJM throughout the study period, followed by extrajudicial sanctions; referrals to a community program were the least frequently used EJM. Looking at differences among rural and urban regions, data showed all types of EJMs more prominently used in rural areas, except for referrals to a community program, which were more common in urban regions until 2019.

This study highlights the value of data on pre-charge diversion to better understand and track youth CJS trends. Moving forward, to support ongoing performance monitoring efforts in this area, Justice Canada will track the number, percentage and rate of youth who come in contact with the police who are diverted at pre-charge via Justice Canada’s Departmental Results Framework, which consists of the department’s core responsibilities, the results it plans to achieve and the monitoring of such through performance indicators.

While data on pre-charge diversion available through Statistics Canada’ Uniform Crime Reporting Survey provide important information on the frequency and use of various types of EJMs across Canada, additional disaggregated data and research would be valuable to further understand instances where youth who come in contact with the police are cleared by other means. Currently, these data capture a variety of circumstances such as suicide of the young person, committal to a mental health facility and the victim/complainant’s request for no further action, to name a few examples. This makes it challenging to conduct a comprehensive assessment of the trends in the use of diversion at the pre-charge stage.

Future research and data collection should also include EJM data disaggregated by Indigenous, Black and racialized identity to understand how diversion impacts the overrepresentation of Indigenous, Black, and other racialized groups in the youth CJS. Additional disaggregation of data by age category and specific offences could also provide important insights into findings. Follow-up research could also be conducted to examine the perceptions and attitudes of CJS professionals with respect to the decision to use an EJM.Footnote 56  Lastly, data and research on the use of EJMs during formal judicial proceedings (i.e., captured via court data) would also be helpful to gain a more fulsome understanding of diversion practices at all stages of the CJS.