Rights of Indigenous Peoples
Indian Act
Know Your Rights
Criminal Law
Child Protection
Fair Decision Making
A criminal charge does not always have to be dealt with in court. Before or after you are charged with a crime the Prosecutor or the police can decide to keep the case out of court by having it dealt with through an alternative measures program.
When Alternative Measures Can Be Used
Alternative measures can only be used
- if there is enough evidence to proceed with a prosecution AND
- if you accept responsibility for the offence (i.e. you agree you did what the police say you did).
Some offences cannot be dealt with by alternative measures. These include offences involving domestic violence, driving offences where drugs or alcohol were a contributing factor, offences involving violence to a person or use of a weapon or sexual assault, if those offences are prosecuted as indictable, and offences involving sexual violence against children.
Alternative Measures Programs
Alternative measures programs can by a way of using more restorative justice in the criminal justice system. Programs usually focus on accountability and may involve reconciliation or restoring relationships with those harmed. A program might involve mediation with the victim and trained mediator or having a community conference that involves the victim, the offender and other community members or professionals. If the program involves the participation of the victim of the offence, they will be consulted to see if they are willing to participate. If they are not, alternative measures may or may not still be possible.
Alternative measures programs may be run by a First Nation, Tribal Council, another Indigenous organization or a community organization such as the John Howard Society.
If you complete an alternative measures program, you are not charged with the offence or the charge against you is dropped. You do not end up with a criminal record for the offence but information about the offence is still available to police for a period of two years.
Requesting Alternative Measures
Although the decision to use alternative measures is made by the Prosecutor or police, you or your lawyer can ask to have your case dealt with this way. The police or the victim can also make this request. You can also get assistance from a court worker who can explain the program and can help you speak to the Prosecutor or police about it.
