If you are facing criminal charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
Across Ontario, alternative measures programs (AMPs for short) offer a different way to handle criminal cases without going through a full trial. These programs are referred to by a number of different titles and short forms, which can be confusing. However, the program’s basic components remain the same. These are one of several resolutions that can help you avoid a criminal record.
These programs are described in section 717 of the Criminal Code of Canada. They are a way to accept responsibility for one’s actions without being found guilty of anything.
In effect, AMPs ensure that an accused can avoid a conviction by diverting the matter out of the criminal justice system. This means that they will not receive a criminal record for the offence, and in the future, will be able to honestly say that they have never been found guilty nor convicted of a crime. To understand what a typical case looks like when it proceeds in court, see our overview of the Toronto criminal court process.
A requirement of these programs is that the accused person accepts responsibility for the offence. This does not mean they agree with everything that the Crown is alleging, but that they accept responsibility for what happened.
According to the provisions of the Criminal Code (s. 717), this information cannot, and will not be used against an accused for any purpose, except if they commit another offence.
The requirements of alternative measures programs vary based on the offence and your personal circumstances, but commonly include:
- Community service
- Educational programs
- Counselling
- Letters of apology
Strategic Criminal Defence is a top Google-rated criminal defence firm in Toronto, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of offences beat the charge. Learn why clients hire us.
The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a Toronto Alternative Measures Program (AMP) lawyer today by calling (647) 986-8077 or book a free consultation online.
Key Takeaways
- Some minor criminal charges may be resolved through an alternative measures program. This would avoid a conviction and criminal record.
- These programs are in the Canadian Criminal Code’s section 717, which requires the accused to accept responsibility (but not guilt).
- Program requirements can include community service, counselling, educational programs, restitution, and/or letters of apology.
- AMPs are sometimes available for first-time offences and less serious charges. The Crown prosecutor ultimately decides eligibility.
- A Strategic Criminal Defence lawyer can help secure alternative measures program approval and negotiate with the Crown. Upon successful completion, charges are dropped or stayed.
How can an Alternative Measures Program lawyer in Toronto help?
A Strategic Criminal Defence lawyer experienced with alternative measures programs can significantly increase your chances of successfully resolving your case without a criminal record.
The Crown is the gatekeeper of alternative measures programs, and will often need to be convinced that it is the most appropriate solution.
If the Crown consents to it, one of our lawyers will attend court and speak to a judge in court and request that you be given enough time to complete the requirements of your program.
It’s important to remember that any conditions the court has imposed on you continue to be in effect during this period. Once you have completed the program your Strategic Criminal Defence lawyer will provide confirmation to the Crown for your charge to be withdrawn or stayed.
Examples of Offences Resolved with Alternative Measures Programs
- Uttering Threats: A man was caught on his neighbour’s doorbell camera saying the next time his neighbour accidentally takes his Amazon package inside, he is going to get beat up. He is a first-time offender with no criminal history but he was charged with uttering threats. Rather than proceeding to court, the Crown approved this be diverted to alternative measures. The man had to write a letter of apology to his neighbour, complete 20 hours of community service at a local food bank, and attend an anger management educational program. After successfully completing these requirements, his criminal charge was withdrawn, leaving him without a criminal record.
- Assault: A young student got into an altercation with another student in the hallway of her high school, resulting in no major injuries. She was charged with simple assault. Having no previous criminal history, she was referred to alternative measures. She was required to write a letter of apology to the other student involved and perform community service.
- Mischief Case: A woman spray-painted her well-known graffiti tag on a railway car stopped in a train yard at night, causing about $300 in damage. She was charged with mischief under $5,000 when she was caught by police walking away from the trainyard with spray paint in her bag that matched the tag. Since she had no prior criminal history and expressed remorse, she qualified for alternative measures. Her program required she pay $300 restitution for the cleaning costs and complete 25 hours of community service cleaning public spaces.
Court Orders While Completing Alternative Measures Programs
While completing the requirements of an alternative measures program, you will likely still be subject to court-imposed requirements that you must follow. These terms remain in force until your charges are formally withdrawn after the program is over.
Most minor offences that qualify for alternative measures will result in a “release order” or “undertaking” with conditions unique to your charge.
Requirements to “keep the peace and be of good behaviour,” which means you cannot commit any new offences while on release, and to appear in court when required are usually included in all release orders. You must also notify the court, the police, or your bail supervisor of any changes to your address, employment, or occupation.
If any conditions of the court order prevent you from meeting the requirements for alternative measures, our lawyers can ask that they be changed (e.g., community service sites being close to places you are ordered to avoid). Generally speaking, courts are willing to make the necessary adjustments to support the successful completion of alternative measures programs.
Breaking any court order while taking part in alternative measures could result in new criminal charges which would be handled with the normal court process.
