No charges laid after Rosslyn School attack, 4 youths involved enter ‘restorative justice’ program

Four youths involved in a schoolyard attack at Rosslyn School in April will not face criminal charges, the Edmonton Police Service announced on Monday.

Instead, the four individuals — aged 12 to 15 — will enter the EPS DiversionFirst program.

“Based on previous experiences involving youth and the criminal justice system, as well as consultations with the community and those directly involved in this incident, we felt that all parties would be better served by participating in this program, rather than face criminal charges and entry into the criminal justice program,” Staff Sgt. Andre Francois said.

The program began in 2018 and aims to connect young, first-time offenders to community organizations and family supports in an effort to build a foundation for a positive future away from crime, the EPS said.

Those referred to the program are supported by agencies and community partners and go through a customized plan that holds them accountable for their behaviour while addressing underlying issues.

“We’ve heard loud and clear from the community that diverting individuals from the justice system and toward appropriate community resources should be the focus of our policing model,” Sgt. Kendall Booth, the officer in charge of the DiversionFirst program, said Monday.

The attack occurred on April 16 in the yard around Rosslyn School in northwest Edmonton.

“It was reported to police that earlier that afternoon, the complainant was leaving school and walking to a nearby bus stop when he was approached by a group of male youths and assaulted,” police said in a news release at the time.

1:30 Edmonton police Chief says assault on 14-year-old Black boy not believed to be hate crime

A 23-second video of the incident sent in to Global News begins by showing a boy grappling with another boy in a field. Three more boys run into the scene and begin punching a Black boy who was grappling another boy, and also begin kicking him in the head. Another boy runs in and kicks the victim in the head, at which point someone is heard saying “no head kicks.” Four of the boys back off and leave another boy to continually punch the victim in the head. He then lifts the boy up in a chokehold before throwing him to the ground, while still holding him with his arm around the other boy’s neck. At that point the video ends.

While a racial slur was used during the attack, Edmonton Police Chief Dale McFee said the attack didn’t appear to be racially motivated.

Some of the boys taking part in the attack “also represent racialized communities” and “have faced significant trauma” in their lives, he said at the time.

While Francois said he couldn’t speak on behalf of the chief on Monday, he did say there was “insufficient evidence” to suggest the attack was motivated by hate, bias or prejudice and that it didn’t meet the threshold of a hate crime according to Canada’s Criminal Code.

Francois’ investigative team worked with the EPS Hate Crimes and Violent Extremism unit throughout the investigation, he said.

“Regardless of meeting this threshold, we, the Edmonton Police Service, recognize that hateful and inappropriate language has an extremely negative impact on the individuals involved, the broader community and the city as a whole.”

The language used will be addressed with the youth as they go through the program, Francois said.

The victim and his family have been told of the outcome of the investigation and all four youth involved have gone through the intake process and have begun their programs, Booth said.

At its core, Booth said, the DiversionFirst program is an attempt to stop the arrest and release cycle police found themselves in with youth offenders in Edmonton.

According to Booth, helping youth find the connection between their actions and the harm inflicted can help reduce a child’s likelihood to reoffend.

“While justice through criminal charges might appear to be the most appropriate approach to some folks in our community, as a police service, we must also look at the situation proactively, from every angle and ask, ‘How can we prevent future crimes?’”

When a youth that may benefit from the program is arrested, they are referred to Booth’s team. An officer is assigned to the child and a meeting is held with their parents or caregivers and the community supports the youth is being placed with.

“As we know, no two youths or families are the same,” Booth said. “As they navigate their personalized program, youth can identify areas in their life where they may need more support, can request guidance, or seek out an opportunity to better themselves.”

They all go through the agreement terms they think may be beneficial for the youth including addressing the accountability of what they’ve done and the supports that may need to be put in place. Each plan is customized for each youth.

“It’s a group approach, so there is feedback from the caregivers, from the youth, from the youth worker as well,” Booth said.

The youth goes through the program for about one to two months and then there is a summary meeting. The youth leads that meeting, going over what they’ve done, what they’ve learned and what changes they’ve seen.

If a youth is successful at the end of the program, the EPS will conclude its file with them. If they commit another criminal act while taking part in the program, they will be concluded as unsuccessful and the team will notify the youth as to why.

“This doesn’t mean that the community supports will stop as there is still a need for that youth or family,” Booth said.

If the youth completes the program but commits another criminal act afterwards, police have the option to consider charges, a sanction or extrajudicial measures like warnings, community programs or Crown cautions.

As of Monday, more than 339 youths have gone through the program, Booth said, including some who have been involved in similar incidents of assaults.

– With files from Phil Heidenreich, Global News