Community Accountability Programs Information ... - Ministry of Justice

The ability to track diverted cases, monitor their outcomes, and prosecutefor non-compliance are important considerations for some communities.Consult with your local police to find out whether they prefer that allreferrals be made by Crown counsel to an alternative measures program.Formal Crown-initiated resolution and alternativemeasuresUpon receiving an RCC from a police officer, Crown counsel reviews thereport and applies a two-part charge-approval test. The Crown firstdetermines whether there is a substantial likelihood of conviction or astrong body of evidence to present to the court. If so, the Crown thenassesses whether it is in the public interest to prosecute the case.In the charge-approval review process, Crown counsel may take one ofseveral actions:• Not approve the charge• Approve the charge and bring the matter to court• Issue a caution letter to the offender and, in the case of a young person,to the offender’s parents• Refer the offender to an authorized alternative measures program or toa probation officerAlternative measures (or, in the case of youth, extrajudicial sanctions) areprovided for under the Criminal Code and the Youth Criminal Justice Act.The legislation lists a number of pre-conditions for the use of alternativemeasures:• An agent of the Attorney General (Crown counsel) must confirm thatthere is sufficient evidence to proceed with the prosecution of theoffence and that prosecution of the offence is not in any way barred bylaw.• The measures must be part of a program of alternative measuresauthorized by the Attorney General.• The offender must be informed of the alternative measures and mustfully and freely consent to participate.• The offender must be advised of his or her right to be represented bycounsel before consenting to participate in the alternative measures.Guidelines for Working with Victims and Offenders 26