INTRODUCTION AND BRIEF DESCRIPTION
Section 717(1) of the Criminal Code of Canada outlines the conditions that must be met in order for alternative measures to be used to deal with a person alleged to have committed an offence.
SECTION WORDING
717(1) Alternative measures may be used to deal with a person alleged to have committed an offence only if it is not inconsistent with the protection of society and the following conditions are met: (a) the measures are part of a program of alternative measures authorized by the Attorney General or the Attorney General’s delegate or authorized by a person, or a person within a class of persons, designated by the lieutenant governor in council of a province; (b) the person who is considering whether to use the measures is satisfied that they would be appropriate, having regard to the needs of the person alleged to have committed the offence and the interests of society and of the victim; (c) the person, having been informed of the alternative measures, fully and freely consents to participate therein; (d) the person has, before consenting to participate in the alternative measures, been advised of the right to be represented by counsel; (e) the person accepts responsibility for the act or omission that forms the basis of the offence that the person is alleged to have committed; (f) there is, in the opinion of the Attorney General or the Attorney General’s agent, sufficient evidence to proceed with the prosecution of the offence; and (g) the prosecution of the offence is not in any way barred at law.
EXPLANATION
Section 717(1) of the Criminal Code of Canada outlines the principles under which alternative measures can be used to deal with a person who has been alleged to have committed an offence. Alternative measures refer to programs or interventions that may be considered in lieu of prosecution, such as diversion, mediation, or community service. The section outlines several conditions that must be met before alternative measures can be considered. Firstly, the measures must be part of an authorized program or designated by a delegated authority. Secondly, the person considering the use of alternative measures must be satisfied that it is appropriate and takes into account the needs of the offender and the interests of the victim. Thirdly, the person alleged to have committed the offence must fully and freely consent to participate in the alternative measures. To ensure that the individual understands their rights and can make an informed decision, they must be advised of their right to legal representation before consenting to participate in alternative measures. Additionally, the individual must accept responsibility for the act that led to the offence and there must be sufficient evidence to proceed with the prosecution if necessary. Furthermore, the prosecution of the offence must not be restricted by any legal barriers. The use of alternative measures is a way to divert individuals who may be low risk offenders away from the traditional criminal justice system and towards more rehabilitative and restorative measures. The intention is to reduce the reliance on punishment and instead focus on addressing the underlying causes of criminal behaviour while holding individuals accountable for their actions. However, it is important that any intervention used does not compromise the protection of society and does not result in leniency for serious offences.
COMMENTARY
Section 717(1) of the Canadian Criminal Code is an important provision of law that enables a more flexible approach to dealing with offences. This section allows for alternative measures to be taken when dealing with individuals who have allegedly committed an offence, so long as such measures are not inconsistent with the protection of society and certain conditions are met. Alternative measures can be part of a program authorized by the Attorney General or delegated by a person within a class of persons designated by the lieutenant governor in council of a province. This means that alternative measures may be undertaken by a variety of individuals, including those representing community groups or organizations working in partnership with the government. A key condition to using alternative measures is that they should be appropriate, having regard to the needs of the accused person and the interests of both society and the victim. This means that a decision to use alternative measures must take into account a range of factors, such as the severity of the crime, the needs of the accused person, and the impact of the crime on the victim and the broader community. Consent is also a critical factor when using alternative measures. The accused person must be fully informed of the alternative measures and must freely consent to taking part in them. They should also be advised of their right to be represented by counsel before providing such consent. This ensures that the accused person understands the alternatives available to them, and is fully aware of their rights and obligations as part of the process. In addition to these conditions, alternative measures can only be used if the person accepts responsibility for the offence, if there is sufficient evidence to proceed with the prosecution of the offence, and if the prosecution is not in any way barred at law. These requirements ensure that the use of alternative measures is fair and just, and that the accused person assumes responsibility for their actions. Alternative measures may be used in a variety of situations. For example, they may be used in cases where the accused person has committed a minor or non-violent offence, or in cases where the accused person can benefit from diversion programs, such as drug treatment or counseling. Alternative measures may also be used to address issues related to mental health, addiction, or other underlying causes of criminal behavior. Alternative measures can be an effective way of addressing criminal behavior, as they can provide a more flexible and individualized approach to justice and rehabilitation. They can also reduce recidivism rates by addressing the underlying causes of criminal behavior. However, it is important to ensure that the use of alternative measures is balanced with the protection of society and the interests of the victim, and that the accused person is fully informed and consents to participation in such measures. In conclusion, Section 717(1) of the Canadian Criminal Code provides a framework for the use of alternative measures when dealing with individuals who have allegedly committed an offence. This provision enables a compassionate, preventive and rehabilitative approach to justice, that takes into account the needs of all parties involved. By balancing justice with compassion, we can work towards a safer, fairer, and more just society.
STRATEGY
Section 717(1) of the Criminal Code of Canada provides for alternative measures to be used when dealing with a person alleged to have committed an offence, but only if certain conditions are met. These alternative measures can be an effective way to deal with certain offences and offenders, but there are also strategic considerations that must be taken into account. One strategic consideration is whether alternative measures are appropriate for the offence and offender in question. Alternative measures are typically used for less serious offences, such as minor property crimes or minor drug offences, and for first-time or low-level offenders. They may not be appropriate for more serious or violent offences, or for repeat or high-risk offenders. A thorough assessment of the offender's risk and needs is important in determining whether alternative measures are appropriate. Another strategic consideration is the availability and suitability of alternative measures programs. Not all jurisdictions have alternative measures programs, and even where they exist, they may not be suitable for all offenders. Some programs may be too lenient or too strict for certain offenders, and may not address the underlying issues that led to the offending behavior. It is important to carefully assess the suitability of the available programs and match the offender to the program that is most likely to be effective. A third strategic consideration is the need to balance the interests of the offender, the victim, and society. Alternative measures should not be used solely as a means of avoiding the criminal justice system or providing a slap on the wrist" for offenders. They should be used to address the offender's needs and reduce the risk of reoffending, while also holding the offender accountable for their actions and providing restitution to the victim where possible. Balancing these interests requires careful consideration of the facts and circumstances of each case, and a willingness to take a firm but fair approach. Strategies that could be employed to effectively deal with section 717(1) of the Criminal Code of Canada include: 1. Implementing evidence-based alternative measures programs: Alternative measures programs that are evidence-based and tailored to the needs of the offender are more likely to be effective in reducing recidivism. Programs that include cognitive-behavioral therapy, skills training, and community service have been shown to be particularly effective. 2. Conducting thorough risk and needs assessments: Assessing the offender's risk of reoffending and their underlying needs can help to determine whether alternative measures are appropriate, and which programs are most likely to be effective. 3. Engaging with stakeholders: Engaging with victims, community members, and other stakeholders can help to build support for alternative measures programs and ensure that the interests of all parties are taken into account. 4. Strengthening monitoring and supervision: Effective monitoring and supervision of offenders participating in alternative measures programs can help to ensure compliance and reduce the risk of reoffending. This may include regular check-ins with a probation officer, drug testing, and curfews. 5. Providing appropriate incentives and sanctions: Providing appropriate incentives and sanctions can help to motivate offenders to comply with the requirements of alternative measures programs and prevent reoffending. This may include rewards for completing the program successfully, and sanctions for non-compliance or reoffending. In conclusion, alternative measures can be an effective way to deal with certain offences and offenders, but careful consideration must be given to the suitability of the offender and the program, and the interests of all parties must be balanced. By implementing evidence-based programs, conducting thorough assessments, engaging with stakeholders, strengthening monitoring and supervision, and providing appropriate incentives and sanctions, it is possible to effectively implement section 717(1) of the Criminal Code of Canada.