INTRODUCTION AND BRIEF DESCRIPTION
Records kept for alternative measures cannot be introduced as evidence after two years.
SECTION WORDING
717.4(5) A record kept pursuant to section 717.2 or 717.3 may not be introduced into evidence, except for the purposes set out in paragraph 721(3)(c), more than two years after the end of the period for which the person agreed to participate in the alternative measures.
EXPLANATION
Section 717.4(5) of the Criminal Code of Canada sets out the rules for the use of records maintained under sections 717.2 and 717.3 of the Code. These sections deal with alternative measures and diversion programs that may be offered to accused persons instead of going through a trial in the traditional criminal justice system. Under these alternative measures, an accused person may agree to participate in a program or take certain steps to avoid going to trial. The programs may include things like community service, drug or alcohol treatment, or counseling. If the accused successfully participates in the program or completes the steps required, the charges against them may be dropped or withdrawn. Section 717.4(5) limits the use of records kept during these alternative measures programs. The section states that such records may not be introduced into evidence except for the purposes set out in paragraph 721(3)(c), and only within two years after the end of the period agreed upon for the accused to participate in the program. Paragraph 721(3)(c), which is referred to in Section 717.4(5), allows a court, in certain circumstances, to consider an accused person's involvement in alternative measures programs when deciding on a sentence. However, the use of the records is limited and subject to other rules and limitations. The purpose of Section 717.4(5) is to provide some protection to those who agree to participate in alternative measures programs and to encourage them to take advantage of these programs. If records were introduced as evidence outside the prescribed time limit, it could undermine the effectiveness of the alternative measures program and deter accused persons from participating. Therefore, the section helps to ensure that the accused receive the benefits of diversion programs and alternative measures while also safeguarding their rights.
COMMENTARY
Section 717.4(5) of the Criminal Code of Canada places limitations on the admissibility of records kept pursuant to sections 717.2 and 717.3. These sections deal with alternative measures that may be used in the criminal justice system instead of traditional methods such as prosecution and incarceration. The use of alternative measures has gained popularity in recent years, as many individuals and groups have begun to question the effectiveness of traditional approaches to crime and punishment. Alternative measures typically involve diversion programs, such as community service or restitution, that aim to address the underlying causes of criminal behavior and reduce the likelihood of reoffending. Section 717.4(5) sets a time limit on the admissibility of records kept during the alternative measures process. Specifically, it states that such records may not be introduced into evidence more than two years after the end of the period for which the person agreed to participate in the program. The purpose of this limitation is to protect the privacy and rights of individuals who have agreed to participate in alternative measures. It recognizes that the records kept during the process may contain sensitive and personal information, and that the retention of such information beyond a certain period could be detrimental to the individual's future prospects. By limiting the admissibility of records to a period of two years, this section of the Criminal Code of Canada strikes a balance between the need to protect privacy and the need for accountability and transparency in the justice system. It acknowledges that individuals who have participated in alternative measures should not be forever labeled as criminals," and it provides a way for them to move on from their past mistakes and contribute positively to society. There are some potential drawbacks to this limitation, however. For example, it could make it difficult for law enforcement and other criminal justice professionals to make informed decisions about an individual's background or suitability for certain roles or programs. It could also lead to inconsistencies in the application of justice, as individuals who have participated in alternative measures may not have their past behavior taken into account when making decisions about their future. Despite these potential drawbacks, the overall effect of section 717.4(5) is to promote fairness and equity in the justice system. By limiting the admissibility of records from alternative measures programs, it ensures that individuals are not unfairly stigmatized or discriminated against based on past behavior. At the same time, it allows for accountability and transparency in the system, providing a pathway for individuals to make amends for their mistakes and become productive members of society.
STRATEGY
Section 717.4(5) of the Criminal Code of Canada is a critical part of Canada's alternative measures program. This section lays down a time limit on the introduction of records that are kept as part of the alternative measures program, which is two years after the completion of the period for which the person agreed to participate in the program. This means that any record kept during the alternative measures program cannot be entered as evidence in a court of law beyond this two-year limit. This section presents several strategic considerations that parties need to consider when dealing with the alternative measures program. Firstly, prosecutors must be mindful of the time limits stipulated by section 717.4(5) when developing their cases. Alternative measures programs offer individuals who are accused of minor offenses an opportunity to redeem themselves through various means such as community service, counseling, and paying fines. The goal of alternative measures is rehabilitation, and prosecutors must consider this goal when assessing whether to charge individuals using alternative measures or traditional legal methods. If the prosecution decides to offer alternative measures, they need to determine how long the program will take and ensure that the record-keeping obligation is accurately documented. Secondly, defense teams must consider the time limit stipulated by section 717.4(5) when developing their defense strategies. Defense teams can leverage this section to challenge the prosecution's evidence when the time limit has expired. If the prosecution enters evidence beyond the two-year limit, defense teams can submit objections to the court, and the judge can rule the evidence inadmissible. Given Canada's stringent rules regarding evidence, defense teams must be cautious in their approach and adequately prepare their arguments to avoid harsh rulings that undermine their client's case. Another strategic approach is to focus on negotiation. While section 717.4(5) sets strict time limits for entering evidence into court proceedings, negotiating with the prosecution can help leverage the benefits of alternative measures programs. Prosecutors may be more willing to offer alternative measures and drop charges if individuals agree to specific conditions such as paying fines or attending counseling sessions. Once those conditions are met, the prosecution can close the case without entering the records into the court proceedings. This approach is useful if the accused individual is willing to comply with the conditions of the alternative measures program and close the case without a full trial. In conclusion, section 717.4(5) of the Criminal Code of Canada has significant implications for alternative measures programs. It is essential to consider the time limit when developing legal strategies to ensure that the benefits of alternative measures are maximized. This approach involves evaluating the circumstances of the case, negotiating with the prosecutor, and keeping accurate records. Prosecutors, defense teams, and individuals should strive to leverage section 717.4(5) for optimal results while focusing on Canada's legal and judicial process's integrity.