Criminal Code of Canada - section 717.1 - Records of persons dealt with

section 717.1

INTRODUCTION AND BRIEF DESCRIPTION

Sections 717.2 to 717.4 apply only to individuals who have been put under alternative measures.

SECTION WORDING

717.1 Sections 717.2 to 717.4 apply only in respect of persons who have been dealt with by alternative measures, regardless of the degree of their compliance with the terms and conditions of the alternative measures.

EXPLANATION

Section 717.1 of the Criminal Code of Canada sets out a condition that defines the scope of the following sections of the code, particularly sections 717.2 to 717.4. The section specifies that the mentioned sections shall only apply to people who have already been subjected to alternative measures, irrespective of their level of compliance with the terms of the alternative measures. This provision implies that the subsequent sections of the Criminal Code are intended only for offenders who have been subject to alternative measures in the past. It does not extend to offenders who are yet to be sentenced, as they have not been offered alternative measures as a form of punishment. Furthermore, it also indicates that the degree of an offender's compliance with alternative measures does not determine their inclusion within the purview of the subsequent sections of the code. Regardless of how well an offender complied with the terms of their alternative measures, they would be considered for the following sections. The underlying purpose of this section is to promote accountability and rehabilitation of individuals who have committed crimes. Alternative measures are meant to provide a rehabilitative intervention for offenders, which may include counseling, restitution, community service, or participation in restorative justice programs, among others. These measures provide an alternative to sentencing for less serious crimes, thereby reducing the burden on the criminal justice system. By limiting the scope of the following sections of the code, the criminal justice system can ensure that the appropriate interventions are applied to individuals who have already been offered alternative measures. This measure also ensures that those who genuinely require further interventions receive the necessary assistance without the possibility of undue repetition. Overall, section 717.1 of the Criminal Code of Canada is significant in promoting the effective rehabilitation of offenders and ensuring that the criminal justice system remains focused on the most appropriate interventions for each offender's specific needs.

COMMENTARY

Section 717.1 of the Criminal Code of Canada sets out the application of sections 717.2 to 717.4, which pertain to the consequences of non-compliance with alternative measures. Alternative measures are diversionary programs that allow individuals charged with minor offences to avoid a criminal record and justice system involvement by completing a set of conditions typically focused on rehabilitation and accountability. Section 717.1 states that sections 717.2 to 717.4 only apply to individuals who have been dealt with by alternative measures, regardless of the degree of their compliance with the terms and conditions. This provision aims to clarify the scope of the consequences that may be imposed upon non-compliance, which is a problematic issue for criminal justice reform. Section 717.2 outlines the consequences for failing to comply with alternative measures. If an individual fails to comply with the terms of their alternative measures, they may be recommitted to custody or required to pay a fine, or they may face additional conditions. Section 717.3 sets out the process for enforcement, including the issuance of a summons or a warrant for the individual's arrest. Section 717.4 establishes that individuals cannot be punished twice for the same offence by and large. This section of the Criminal Code is particularly relevant to discussions regarding the diversion of cases from the traditional criminal justice system. Alternative measures programs are intended to provide a more effective and efficient means of addressing minor offences, particularly those stemming from social and economic disadvantage or addiction. By keeping these cases out of court, it is expected that alternative measures can divert significant resources away from the courts and reduce recidivism rates. However, this provision emphasizes that there are still legal consequences for failing to comply with alternative measures, which encourages compliance, enhances accountability, and upholds the integrity of the justice system. In practice, there is some inconsistency in implementation and enforcement of alternative measures. For example, some jurisdictions may be more inclined to impose alternative measures for certain types of cases, and there may be differences in the conditions imposed and the level of oversight and support provided to individuals. Additionally, some individuals may be more likely to face barriers to completing their alternative measures, such as lack of access to transportation or support services. As such, the section 717.1 provision ensures clarity and consistency in the application of consequences for non-compliance with alternative measures and reinforces the importance of accountability for the objectives of the diversion. Overall, section 717.1 of the Criminal Code of Canada is an important provision that supports the goal of diverting minor cases from the traditional criminal justice system and underscores the importance of accountability and consequences for non-compliance. While alternative measures have the potential to reduce recidivism, ensure offender accountability, and decrease court system burden, it is essential that they are implemented consistently and transparently, and there is adequate support to ensure compliance and completion of alternative measures programs. The Criminal Code provision provides clarity and enhances confidence in the diversion process for all involved.

STRATEGY

Section 717.1 of the Criminal Code of Canada outlines that Sections 717.2 to 717.4 only apply to those who have been dealt with by alternative measures. Alternative measures refer to non-judicial approaches used to address criminal behavior, such as diversion programs, restorative justice, and community service. This provision is significant because individuals who have been dealt with by alternative measures are treated differently under the law, and strategic considerations must be taken by legal professionals when dealing with these cases. One strategic consideration is to understand the motives behind the use of alternative measures. Alternative measures are designed to be an alternative to traditional forms of punishment, such as imprisonment. The motive behind using alternative measures is to provide offenders with an opportunity to take responsibility for their actions and to address the underlying causes of their criminal behavior. By doing so, it is believed that offenders can be rehabilitated and reintegrated into society without the long-term negative effects of a criminal record. Another strategic consideration is to understand the degree of compliance of the individual with the terms and conditions of their alternative measures. The language in Section 717.1 is crucial in this regard because it states that compliance with the terms and conditions of alternative measures is not relevant when applying Sections 717.2 to 717.4. However, a legal professional should still be aware of the individual's compliance as this information could be presented in court if the case proceeds to trial. It could also be useful in negotiations with the Crown and in determining the most appropriate course of action for the individual. One strategy that could be employed in dealing with Section 717.1 is to negotiate with the Crown. Negotiation is a standard strategy in criminal law and involves discussing the case with the Crown to try to reach a mutually acceptable resolution. In cases where an individual has been dealt with by alternative measures, negotiations could involve advocating for the individual to receive a reduced sentence or for the charges to be dropped altogether. This could be based on factors such as compliance with alternative measures, the nature of the offense, and the individual's previous criminal history. Restorative justice is another strategy that could be employed under Section 717.1. Restorative justice is an approach that focuses on repairing the harm caused by the offender, instead of punishing the offender. It involves bringing together the offender, victim, and community members to discuss the offense and its impact. Restorative justice is an especially useful strategy when dealing with minor offenses where the offender is likely to benefit more from rehabilitation than punishment. In conclusion, Section 717.1 of the Criminal Code of Canada outlines that Sections 717.2 to 717.4 only apply to individuals who have been dealt with by alternative measures. Legal professionals must take into account the motives behind the use of alternative measures and the degree of compliance of individuals with the terms and conditions of their alternative measures. Negotiation and restorative justice are two strategies that can be employed in dealing with cases under this section.