The call for more restorative justice programs in Canada has been growing louder for years. Although this principle and its focus on rehabilitation and reconciliation–rather than punishment–has been applied in certain circumstances for decades, proponents argue that it should go further because it tends to be more efficient and cost-effective, all while reducing recidivism rates.
In British Columbia, alternative measures programs provide an effective way to address less serious offences, helping individuals take accountability without enduring the long-term consequences of a criminal record. These programs align with our mission of advocating for our clients’ rights while fostering a fairer, more compassionate justice system. Let’s take a closer look.
What Are Alternative Measures?
Alternative measures are programs that allow individuals to resolve criminal charges without undergoing a formal court process. Instead of pursuing a trial, eligible participants work through programs focused on:
- Restitution: Compensating victims for their losses.
- Community Service: Giving back to the community through meaningful work.
- Counselling or Education: Addressing underlying issues such as addiction, anger management, or financial hardship.
At Jaswal & Krueger, we recognize that mistakes don’t define a person. We’re here to guide you through the legal process and advocate for your inclusion in programs that promote better outcomes for you and the community.
Who Can Qualify for Alternative Measures in British Columbia?
Not everyone can qualify for alternative measures. This program is reserved for individuals facing minor or non-violent offences. To be eligible, an accused person must:
- Accept responsibility for their actions.
- Demonstrate a willingness to participate in the program.
- Meet the criteria set by the Crown prosecutor, who considers factors such as the nature of the offence, the individual’s criminal history, and the likelihood of rehabilitation.
Participation is voluntary, but it requires genuine effort. When successfully completed, Alternative measures often results in charges being stayed or withdrawn, allowing the individual to avoid the stigma of a criminal record.
Extrajudicial Measures and Sanctions for Youth in B.C.
Youth accused of criminal offences in British Columbia have access to tailored programs known as extrajudicial measures and sanctions, designed under the Youth Criminal Justice Act (YCJA). These alternatives to court focus on rehabilitation and accountability while recognizing the developmental needs of young people.
Extrajudicial measures are informal actions, such as warnings or referrals to community programs, used for minor offences. They aim to address the issue without formal charges.
Extrajudicial sanctions are more structured and may include restitution, community service, or counselling. Sanctions are typically applied when extrajudicial measures are insufficient but a formal court process is unnecessary.
These options provide young offenders the opportunity to make amends and move forward without being entrenched in the criminal justice system. At Jaswal & Krueger, we are dedicated to protecting young people’s futures and ensuring they receive fair and appropriate resolutions.
How Does Mental Health Diversion Work in B.C.?
Mental health diversion applies to individuals charged with non-violent offences like theft, mischief, or public intoxication, where untreated mental health conditions significantly influenced their actions. The process involves several steps:
- Referral and Identification: Recognizing mental health as a factor in the alleged offence.
- Assessment: A psychiatric evaluation determines if the individual is suitable for diversion.
- Program Participation: The accused follows a tailored treatment plan, which may include therapy or addiction counselling.
- Monitoring: Progress is closely supervised by forensic psychiatric teams and justice representatives.
- Completion: Upon successful completion, charges are typically withdrawn, offering a fresh start.
Eligibility requires a non-violent charge, a clear connection between mental health and the offence, and a willingness to participate in treatment.
