(1,523 kb)
(1,523 kb)
The criminal justice system is the 'official enforcer' of norms and sanctions regarding crimes against persons and property, with the dual goal of protecting people and property, and rehabilitating those who commit crimes.
In recent years, those involved in the system—the police, the courts and
the correctional facilities—have been exploring new ways to administer
justice outside of the court room. The broad-brush term for these initiatives
is 'alternative measures.'
Alternative measures are based on the belief that if offenders can be kept out of the traditional court system, the community may be better protected and the offender more effectively rehabilitated.
An offender can enter an alternative measures program either in place of formal charges or after a criminal charge is laid. The program is most often applied to young offenders from the ages of 12 to 17. Alternative measures programs do exist for adults, but they are not as widely used.
The process begins when the Crown attorney, police or other agency refers an offender to the alternative measures program. Usually, there is a mediation session—an interview or other meeting—and the organization responsible for the program ensures participation by the victim and the parents or guardians of offenders younger than 18.
Next, an alternative measures agreement is prepared and signed. It lists actions to be taken, most often by the offender, but sometimes by other parties: written or verbal apologies; essays or posters; restitution, compensation or a charitable donation; educational programs or referrals to treatment; or community service. The offender must be prepared to accept responsibility for his or her actions and for involvement in the offence.
The agreement is closely monitored and results are returned to the referring agency. If the agreement is completed successfully, the case is closed and any charges dismissed. If the offender does not complete the agreement, the case is returned to the criminal justice system for further proceedings.
Although statistics for adult alternative measures programs are incomplete, most provinces record statistics for youth. About three-quarters of alternative measures cases involve property-related offences. In 1998–99, theft-related and break-and-enter offences accounted for 6 out of 10 alternative measures cases in British Columbia. If violence is involved, the case is rarely referred to the program. The typical youth participant is male and has been referred for his first offence, most frequently theft. He will likely write an apology to the victim, participate in a social skills improvement program, write an essay, or perform community service.
Statistics also show that 9 out of 10 contracts are completed successfully. In Manitoba, for example, about 5% are referred back to the Crown. But measuring the long-term success of these programs is more problematic. Alternative measures are normally geared toward first-time offenders who have committed minor crimes. As yet, there is not enough research to indicate whether or not these offenders are rehabilitated by participating in the program.