What types of pre-trial resolutions are available in Calgary?

Diversion programs in Calgary include:

  • Alternative Measures Program (AMP): Eligible adults can resolve a charge by completing Crown-approved conditions, such as community service or restitution, in exchange for having the charge withdrawn (Section 717 of the Criminal Code).
  • Mental health diversion: Redirects an accused whose offence is connected to a mental health condition toward treatment-focused resolution instead of conventional prosecution (Crown Prosecutor discretion).
  • Peace bond: A court-approved agreement to keep the peace and follow specific conditions for a set period, resolving a matter without a guilty plea or conviction (Section 810 of the Criminal Code or its common law equivalent).
  • Youth Extra-Judicial Sanctions: Young persons aged 12 to 17 who accept responsibility for an offence can complete community-based accountability measures instead of proceeding through youth court (Section 10 of the Youth Criminal Justice Act).

When completed, most of these programs result in no conviction.

Contact us for a free, no-obligation consultation.

“Not every case is won through trial. In fact, the best results are often achieved through alternative resolution strategies without the case ever going to trial.”

Michael Oykhman, Strategic Criminal Defence

The Calgary Indigenous Court (CIC) is another type of resolution that operates at the bail and sentencing stage rather than entirely pre-trial. Participation doesn’t itself mean avoiding a finding of guilt or a clean record, but there are significant advantages:

  • The CIC was established in 2019 to take a culturally relevant, restorative, and holistic approach to justice.
  • If probation is seen as a just solution, a Healing Plan may help to reintegrate an offender into their community.
  • This is viewed as a more restorative, individually-tailored outcome, often avoiding custody.

In many cases, our lawyers review eligibility for such programs and negotiate with the Crown about possible non-criminal resolutions. The goal is to keep your record clean and avoid the long-term consequences of a criminal conviction.

Here is an at-a-glance comparison of the programs:

PROGRAM WHO QUALIFIES? WHAT'S REQUIRED? IF COMPLETED: IF NOT COMPLETED:
Alternative Measures Program (AMP) Adults, often first-time or lower-risk offenders, who accept responsibility. Complete Crown-approved conditions (e.g., community service, restitution, an apology, etc.) within a set timeframe.

Charge is withdrawn.

No conviction.

 Matter returns to the regular prosecution process.
Mental Health Diversion An accused whose offence is connected to a mental health condition. Engage with a treatment or support plan negotiated with the Crown. Charge is often withdrawn or reduced. Prosecution typically resumes.
Peace Bond Low-level disputes where there are reasonable grounds to fear future harm. Agree to conditions (e.g., no contact, weapons prohibition) for up to 12 months, without admitting guilt.

Original charge is typically withdrawn.

No conviction.

 Breaching the bond's conditions can lead to a separate charge.
Youth Extra-Judicial Sanctions Young persons aged 12–17 who accept responsibility for the offence. Consent (plus parental consent if under 16) and complete assigned sanctions (e.g., community service, counselling). Charge is dismissed. Matter may proceed in youth court.
Calgary Indigenous Court (CIC) Accused who self-identify as Indigenous and voluntarily choose to participate. Engage with Elders, Knowledge Keepers, and a Case Management Table to build a Healing Plan. A more restorative, culturally-grounded sentence, often including alternatives to custody. Matter proceeds through the standard bail and sentencing process.

Who is eligible for non-criminal resolutions?

Certain circumstances are more likely to be resolved through non-criminal resolution, but the discretion to divert a charge out of the criminal system lies primarily with the Crown Prosecutor in adult cases, and sometimes the police (in youth offence cases, particularly).

There are some variations for different offences in Calgary. Context is important. For instance, a specialized unit of prosecutors called Early Case Resolution (ECR) is dedicated to reviewing domestic violence cases for resolution.

Your eligibility for a diversion program depends primarily on:

  • The specific charges you are facing.
  • Your criminal history (first offenders are often shown more leniency).
  • How prepared you are to accept responsibility for your actions.
  • The commitments you are prepared to make going forward.
  • Whether violence was involved in the offence.
  • The attitude and opinions of the victim (if applicable).

How do our lawyers pursue a non-criminal resolution?

Pre-trial resolutions are a key focus for our team of criminal defence lawyers. Here’s how we approach non-criminal resolutions to charges in Calgary:

  1. Review the Crown’s disclosure. We assess the strength of the evidence against you to understand realistic options before pursuing any resolution.
  2. Assess your eligibility. We evaluate the specific charges, your criminal history, and the circumstances of the case to identify which diversion programs, if any, you may qualify for.
  3. Contact the Crown Prosecutor. We open a dialogue with the Crown (and, for domestic violence matters, the dedicated Early Case Resolution collaboration) to advocate for a non-criminal outcome.
  4. Negotiate program terms. We work to secure the most favourable conditions available, such as community service, counselling, or restitution, rather than accepting the first terms offered.
  5. Monitor your progress. We track your compliance throughout the program and stay in contact with the Crown to ensure your completion is properly recognized.
  6. Confirm the withdrawal. Once the program is completed, we follow up to ensure the charge is formally withdrawn and confirm what is reflected on your record.

Testimonials

“Michael got my criminal charges resolved and got me a clear criminal record resolution. My family and I thank Michael for helping achieve the outcome we desired.”

V.P.

“My legal counsel, Mr. Joseph Beller, had me updated on each and every step with my matter and got a great resolution. The expertise, knowledge, and support that Joseph provided me was beyond my expectations.”

H.T.

“Neal brought practical judgment and real-world experience to the case. He explained the situation honestly, helped me understand what outcomes were realistic, and guided the matter toward the best possible resolution without unnecessary escalation.”

J.K.

“It took forever, due to delay from prosecution, but I ended up with a resolution of a peace bond that was acceptable while also allowing me to deal with the consequences of my actions.”

M.E.

“I am beyond impressed with the exceptional legal services provided. From the initial consultation to the resolution of my case, Laura Bobyn demonstrated a level of professionalism, expertise, and dedication that truly sets them apart.”

N.K.

Successful Cases

Note: Past outcomes do not guarantee future results. Every case depends on its own facts.

Case Number: 00010106

Our client approached our firm with a number of charges at warrant status. He had multiple assault charges and failures to appear. As a result of his prior criminal record, he had left the province for some time, as he was afraid of more jail time. Ultimately, he retained our firm to assist him with the warrants and his charges.

Upon review of the file, we immediately helped our client execute his warrants. We then ordered and reviewed disclosure, finding significant issues in the Crown’s case. One set of charges was immediately withdrawn by the Crown. The other set of charges proceeded to trial. Halfway through the trial, the Crown offered our client a Peace Bond with only a single condition of “No Contact”. The underlying charges were then withdrawn.

Successful Result: Peace Bond; Charges Withdrawn; No Criminal Record

Case Number: 55582479

Our client was arrested and charged with possession after he was stopped by the police for swerving and being unable to maintain the centre of the traffic lane. After our client admitted to consuming alcohol, the police took a roadside sample of our client’s breath and arrested him for impaired driving. Upon searching our client at the police station, they located a vial of cocaine in his pocket and arrested him for possession. Our client then provided a sample of his breath, which was not over the legal limit, so the police did not proceed with the impaired driving charge.

Upon being retained, we immediately ordered disclosure and directed our client to attend drug and alcohol addiction counseling. We then negotiated with the Crown Prosecutor on our client’s behalf and successfully secured his placement in the Alternative Measures Program. Once our client completed the program, the charges against him were withdrawn.

Successful Result: Alternative Measures Program, Charge Withdrawn, No Criminal Record

Case Number: 05020228

Our client was struggling with a formal psychiatric diagnosis of kleptomania and was caught stealing over $2000 of clothing and groceries from a shopping mall. She had never been arrested before and had lived a normal life aside from her compulsion to steal. She admitted to the officers that she had done this many times before without being caught and was ultimately charged with theft. She took immediate steps to enter treatment and address her issues.

Upon being retained, we spoke with our client and gathered significant information regarding her prior good character and ongoing treatment. We provided medical documentation, volunteer paperwork, and character letters to the Crown prosecutor. We were successful in demonstrating that this was a mental health issue requiring access to resources and was able to obtain a referral to the mental health diversion program. Following her completion of the program, charges were withdrawn.

Successful Result: Mental Health Diversion; Charges Withdrawn; No Criminal Record

Case Number: 65680143

Our client was arrested for mischief after he broke a dining room chair in the course of a heated argument about money with his family members. Our client did not go to his court appearance and a warrant was issued for his arrest. He realized that he had criminal charges pending when he got a police record check done and decided to take responsibility for his actions.

Upon being retained, we immediately ordered our client’s disclosure and came up with a strategy for our client to turn himself in. We conducted his bail hearing and had him released on reasonable conditions. We began negotiating with the Crown Prosecutor and were able to successfully place our client into the Alternative Measures Program. Upon his completion of the program, the charges against our client were withdrawn. As a result, our client was able to avoid receiving a criminal record.

Successful Result: Alternative Measures Program, Charges Withdrawn, No Criminal Record

FAQs

Completing a diversion program doesn’t always mean no criminal record. Police can still retain non-conviction records (including fingerprints and arrest information) in some cases, even after charges are withdrawn, which surprises a lot of people. However, the details are less likely to appear in a background check by an employer, landlord, etc. than with a criminal conviction.

Timelines vary by program and court schedules, but expect at least a few months overall. This includes time for Crown review and a diversion offer, plus the time needed to complete program conditions like community service or counselling before the charge is formally withdrawn.

Possibly, though it’s harder. A prior record doesn’t automatically disqualify you, but the Crown weighs your history when deciding whether diversion is appropriate. Discuss your specific record and charge with a lawyer, since eligibility depends heavily on the nature and timing of past offences.

A strategic approach to resolving criminal matters

Throughout the criminal justice process, a Strategic Criminal Defence lawyer will:

  • Protect your legal rights.
  • Explain the legal options available and possible outcomes in plain language.
  • Help you navigate the court processes.
  • Aim for a pre-trial resolution to limit the consequences for your future.

Our team has defended over 10,000 charges in the past two decades. Our experience in negotiating with investigators, the police, and Crown Prosecutors can help protect your future.

Contact us for a free, no-obligation consultation.

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Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: July 13, 2026

Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.

Experience

  • Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
  • Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
  • Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.

Education & Academic Leadership

  • Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
  • Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
  • Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.

Credentials & Recognition

  • Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
  • Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
  • Connect with Michael: Bio | LinkedIn | Firm Office: (403) 719-6410