The Canadian legal system offers a variety of pathways for resolving criminal charges. Among these is the Alternative Measures Program, a unique approach detailed in the Criminal Code of Canada.

Under this program, the focus shifts from punishment to rehabilitation and reparation for certain offences. It’s an option that can potentially reduce the long-term consequences typically associated with a criminal conviction.

At Sarah Leamon Law, we are focused on guiding our clients through these alternative pathways, ensuring they are fully aware of all the options at their disposal.

What is the Alternative Measures Program?

The Alternative Measures Program is a provision in the Canadian legal system that allows for a different approach to dealing with certain offences. Instead of a traditional court process, this program focuses on rehabilitation and reparation.

It is designed to minimize the long-term impacts associated with a criminal conviction and is applicable to both adults and youth under certain conditions.

What is Diversion?

Diversion, often associated with the Alternative Measures Program, is a process that diverts the accused away from the traditional court proceedings towards a more rehabilitative or restorative justice process.

It may involve community service, counseling, or other forms of resolution. The aim is to address the underlying issues that led to the criminal behavior, rather than simply punishing the offence.

Is There an Alternative Measures Program for Adults?

Yes, the Alternative Measures Program is available for adults in Canada. It is typically used for less serious offences and is at the discretion of the prosecutor.

The accused must accept responsibility for their actions and agree to the conditions of the program. If successfully completed, the charges can be withdrawn, leaving the individual without a criminal record.

Is There an Alternative Measures Program for Youth?

Yes, the Alternative Measures Program also applies to youth. The Youth Criminal Justice Act (YCJA) provides additional rights and protections for young individuals accused of crimes, with a strong emphasis on rehabilitation and reintegration into society.

A key element of this strategy is advocating alternative measures programs. The goal is to guide young individuals towards a better path without the burden of a criminal record.

Am I Eligible for the Alternative Measures Program?

Eligibility for the Alternative Measures Program is determined on a case-by-case basis and is typically used for less serious offences.

The prosecutor has the discretion to recommend this program. Factors considered may include the nature and severity of the offence, the circumstances surrounding the offence, and the accused’s prior criminal history.

Importantly, the accused must accept responsibility for their actions to be considered for this program.

Will I Have a Criminal Record?

If you successfully complete the Alternative Measures Program, the charges against you can be withdrawn.

As a result, you would not have a conviction registered against you in relation to those charges, and thus, you would not have a criminal record for this incident.

However, records of the fact that you were charged and that you completed an alternative measures program may still exist in law enforcement databases.

Does a Diversion Stay on Your Record?

A diversion does not result in a criminal conviction and therefore does not appear on your criminal record. However, similar to the Alternative Measures Program, records of the charge and the diversion may still exist in law enforcement databases.

These records are not typically accessible to the public or through standard criminal record checks.

What are the Benefits of the Alternative Measures Program?

The Alternative Measures Program offers several benefits for those who are eligible and successfully complete the program.

Charged, But No Criminal Record

One of the most significant benefits is the potential to avoid a criminal record. If you successfully complete the program, the charges against you can be withdrawn, meaning you won’t have a criminal conviction on your record for this incident.

Immigrants Have Less Inadmissibility Issues

For immigrants, avoiding a criminal conviction can be particularly important. A criminal conviction can lead to issues with immigration status, including potential inadmissibility to Canada.

Successfully completing the Alternative Measures Program and avoiding a criminal record can help to prevent these potential immigration complications.

Focus on Rehabilitation

The program is designed to address the underlying issues that led to the criminal behavior, focusing on rehabilitation rather than punishment. Depending on the situation, this may require counseling, community service, or other forms of resolution.

Faster Resolution

The program can often lead to a quicker resolution of the case, as it avoids the need for a full court trial.

Reduced Impact on Future Opportunities

Without a criminal record, you may face fewer barriers when it comes to employment, housing, and other opportunities that typically require a criminal record check.

Contact Us

If you or a loved one are facing criminal charges and are considering the Alternative Measures Program, we encourage you to reach out to us at Sarah Leamon Law. Our team, with its extensive experience in criminal law, is ready to guide you through the complexities of the legal process.

We understand the gravity of your situation and are committed to providing the support and representation you need.

Please use our online contact form or call us directly to start the conversation. We look forward to assisting you.