Section 4.1 — Youth Criminal Justice Act: Certain offences — extrajudicial measures deemed adequate

Extrajudicial measures are presumed to be adequate to hold a young person accountable for a failure or refusal referred to in section 137 and for a failure referred to in section 496 of the Criminal Code unless the young person has a history of repetitive failures or refusals; or the young person’s failure or refusal caused harm, or a risk of harm, to the safety of the public. In the cases referred to in paragraphs (1)(a) and (b), extrajudicial measures should be used if they are adequate to hold the young person accountable for the failure or refusal;

and if the use of extrajudicial measures would not be adequate under paragraph (a), but issuing an appearance notice under section 496 (judicial referral hearing) of the Criminal Code or making an application for review of the youth sentence referred to in section 59(1) as an alternative to proceeding by charge would be adequate, then the applicable alternative should be used.