Alternative Measures and Extrajudicial Sanctions Program
The Alternative Measures (AM) and Extrajudicial Sanctions (EJS) Program draws on the values, principles and processes of restorative justice. The program provides individuals accused of committing a criminal code offence, an opportunity to make reparations to the victim and their community.
If approved by the Prosecutors, individuals would be diverted from the criminal court system and the case referred to mediation services.
The purpose of these programs is to:
- Promote a sense of responsibility in the offender and an acknowledgement of the harm done
- Satisfy the objectives of public safety, deterrence, reintegration, rehabilitation
- Reparation to the victims and the community, without going through the formal court process.
In addition to being structured and publicly accountable, these programs are also sensitive to cultural diversity where appropriate.
Types of Diversions
Pre-charge Diversion Program: This program is used before an individual has been charged with a Criminal Code offence. It's designed to work with individuals who are first-time offenders or those who have committed minor offences. The program allows individuals to demonstrate accountability through community-based sanctions.
Post-charge Diversion Program: This program is used after Criminal Code charges have been laid. It is an alternative to prosecution for eligible individuals who have been charged of a minor criminal code offence. This program accepts referrals from police, screened by the Crown Prosecutor, as eligible to participate in a community-based alternative to the court process. When the requirements of the post-charge program are met, the Criminal Code charges are withdrawn.
To be eligible for pre-charge or post-charge diversion, certain criteria must be met. Some of the criteria include the following:
- The offence must be suitable for diversion;
- The individual must accept responsibility for the offence committed;
- The individual must agree to participate in an Alternative Measure or Extrajudicial Sanction;
- The individual must not have a criminal record for similar offences or similar recent convictions;
- The individual must not have a history of failed diversions; and
- The prosecution of the offence is not barred at law.
- Victim – Offender Mediation;
- Community Justice Forum;
- Community Justice Conference (Circle);
- Family Group Conference;
- Referral to Specialized Programs;
- Referral to Counselling and Treatment Programs; and
- Participation in Indigenous Cultural Activities.
For more information regarding these programs, please contact Restorative Justice Coordinator, Sgt. Erica Weber at firstname.lastname@example.org