Alternative Measures

Administration of Justice

Alternative measures are an alternative to the traditional court system, and they allow people accused of minor offences to be held accountable without going through the lengthy and expensive court process. The program is intended to promote a sense of responsibility and accountability for the offending behaviour, and to prevent the accused from re-offending. 

CIVIL | TRIBUNALS | PERSONAL INJURY | CRIMINAL

Have a Team Member Call You

Get Started Today to Discuss Your Legal Needs.

Alternative Measures Program (AMP)

At Cordaie Paralegal Services we understand that you may be facing a criminal charge for the first time. We know how stressful this can be, and we want to help you navigate the process as quickly and easily as possible.


That's why we're familiar with the Alternative Measures program. This allows us to work with your local Crown prosecutor to find solutions This is beneficial for everyone involved: it allows you to avoid the stress of a trial and lets us put our extensive experience to effective use on your behalf.


If you're facing criminal charges in Ontario, call us today! We'll talk through your options, explain how they work, and help you determine if they're right for your case.

An Option to Consider is AMP

You may have heard of alternative measures programs or AMPs. They're a way for offenders to avoid jail and fines by taking responsibility for their actions in a restorative justice process.


If you or a loved one has been charged with a crime, it's imperative to know all your options—even if that means considering an AMP.


AMP programs specialize in mediation and restorative justice. They always include an educational component that teaches participants about victims' rights and community responsibilities. In Ontario, there are currently two types of AMPs: diversionary programs and Victim-Offender Mediation Programs (VOMPs).


Diversionary programs support individuals accused of minor crimes who have committed no previous offences. VOMPs provide opportunities for victims and offenders to meet face-to-face and discuss their experiences. Both types of programs aim to help people make better choices in the future so they don't commit further crimes.


Is there anything else you need to know?

We have everything you need in one place.

The majority of our rates can be found on our website. Bundled and unbundled services are available. Hiring us means you'll know what to expect of transparent, fast, easy, professional service.

Discover More >

FAQ

Our team is here to help you with your legal issues. We have provided an overview of the types of cases we handle. In addition, we have provided a frequently asked questions page on our website.

Discover More >

It is imperative to understand the facts of your case. Choosing an experienced legal counsel who can craft a strategy for your case is the most effective way to proceed.

Discover More >

Alternative Measures Program (AMP)

Some common information about Alternative Measures Programs.

Being Responsible Without Getting a Criminal Record

AMP requires that the accused accept responsibility for the crime. It does not mean you agree with everything the Crown says, but it means you accept responsibility for what happened. Section 717 of the Criminal Code states that this information cannot, and will not, be used against you, except if you re-offend.


When Alternative Measures May Be Used


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 the program of alternative measures authorized by the Attorney General of the Attorney General 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 measurements 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 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 committed


(f) There is, in the opinion of the Attorney General's agent, sufficient evidence to prosecute the offence


and


(g) The prosecution of the offence is not barred by law


What Are the Eligibility Requirements for the AMP?

As the guardian of the program, the Crown will often need to be convinced that AMP is the most suitable option. It is imperative to understand that only some people are eligible for AMP, largely depending on their criminal record and the alleged crime(s).


According to Section 717 of the Code, the following individuals are eligible for AMP:


  • The majority of summary conviction offences and even some indictable offences are available to first-time offenders.
  • A second-time offender may be eligible for AMP community service if two years have passed since their last conviction.


Additionally, AMP is available for minor federal offences, such as possession of a controlled substance. Generally, the program is not available for serious violent crimes, firearm offences, domestic violence, criminal harassment, or crimes against children.


When the Crown consents to AMP, one of our dedicated defence paralegals will attend court and request that you be given enough time to complete your community service. You should know that any court-imposed conditions remain in effect during this time.


After you complete the community service, we will confirm it with the Crown and have your charge withdrawn by a judge. If you wish to perform community service for a non-profit, make sure it's a reputable registered charitable organization that keeps proper records and timesheets of your attendance.


Diverting My Charges to an Alternative Measures Program

The Crown prosecutor must first admit you to the alternative measures program if you wish to resolve your charges through AMP. The Crown ultimately decides whether a person is admitted to the alternative measures program. This is even if many referrals are made on your behalf. The Crown will determine whether you would be an appropriate candidate for alternative measures based on your particular circumstances.


Some of the things that the Crown will consider:


  • The nature and circumstances of the offence
  • The nature of your previous convictions, when they occurred, and how long ago they occurred
  • If received AMP in the past, how long ago, and whether you succeeded in completing it
  • Showing remorse or regret for the offence you committed
  • Allowing you to complete the program is in the public's interest; and
  • If you have taken any steps to rehabilitate yourself after the offence


Besides considering the circumstances of your offence, the Crown will also look for aggravating factors that may prevent your admission to the program. The number of factors will determine whether or not you are eligible for the program, including whether you used a weapon or threatened to use one, how serious the crime was, how sophisticated the crime was, and how much harm was incurred by the victims or that could have been incurred by potential victims.


It is imperative to note that the considerations outlined above are not exhaustive. Your eligibility for the program depends on many factors that the Crown may and may not consider. In light of the multitude of factors that can influence your admission to the program, if you are considering resolving your case through AMP, you should consider hiring an experienced criminal defence paralegal. Due to our considerable experience, we have conducted effective negotiations with the Crown. To maximize the chances of an offender being diverted to AMP, we know exactly how to present their case.


After the Crown decides that alternative measures are in your best interest, you must sign a form stating that you acknowledge responsibility for the crime. It is imperative to note that accepting responsibility for the offence is not the same as pleading guilty. You will not be convicted of a crime if you take responsibility for it. Admission to the program is contingent on accepting responsibility. A person will not be referred to alternative measures if they refuse to take responsibility for the offence or indicates that they would like the case to be resolved in court. Alternative measures will be heard in court. Your program will be adjourned for several months to complete it. If the Crown receives proof that you have completed the program by the return date, the charges against you will be withdrawn.


To assist with your rehabilitation, you will have to complete certain activities once you are admitted to alternative measures.


A variety of activities included in the program are:


  • Service to the community
  • An apology letter should be written to those affected by the offence
  • Damages caused by the offence must be repaid
  • Charitable donations
  • Counselling
  • You may also need to complete other conditions as part of your rehabilitation.


As soon as you complete the program, the charges against you will be withdrawn. If you do not complete the program, your charges will be referred back to the Crown prosecutor. The full sentence will be given to you.

Frequently Asked Questions

Here are answers to some common questions. 

Alternative Measures Program (AMP)

  • Can you explain the Alternative Measures Program (AMP)?

    The adult Alternative Measures Program (AMP) is a diversion program for individuals without a criminal record (or a dated criminal record) and charged with a minor crime. 


    AMP sometimes makes it unnecessary to prosecute minor offences. This is especially true when criminal sentencing objectives can be met with AMP.


    If, for example, a first-time offender steals $125 in goods from a merchant, AMP is appropriate for them. They will be able to achieve the sentencing objectives without the Crown having to prosecute them for the offence if they accept responsibility for their actions, acknowledge that they have done wrong, are at low risk of reoffending, and complete a rehabilitation program that will help them rehabilitate themselves and discourage them from committing any further crime.


  • Under the AMP program, what would I have to do?

    The following is a list of what you may be expected to do:

    • Community service
    • An apology letter should be written to those affected by the offence
    • Compensation for property damage caused by the offence
    • Charitable donations
    • Attend counselling

    *Other conditions will facilitate your rehabilitation.


  • What are the requirements for the AMP?

    It is generally expected that those who qualify for AMP will have less than two prior offences on their record. These offences will be recent. A person cannot have received AMP within the previous two years, and you cannot have been charged with an indictable or very serious offence. 


    Persons eligible for AMP are typically charged with a minor summary conviction offence that did not result in significant property or personal damage. 


    In this category are summary conviction offences such as:


    • Theft under $5,000
    • Possession of stolen property under $5,000
    • Fraud under $5,000
    • Simple Assault (excluding Domestic Assault)
    • Mischief
    • Communication regarding sexual services

    AMP may admit a person charged with a more serious offence such as assault with a weapon. This includes theft, fraud, or possession of stolen property over $5,000. This is exceptional. 


    Domestic violence charges will not be eligible for AMP under any circumstances.


  • How difficult is it to get access to the AMP program?

    There is no doubt that it is difficult, but not impossible. Looking for alternative measures programs in Ontario? Cordaie Paralegal Services offers legal services to clients facing criminal charges as a consequence of their conduct.


    As a company, we have an innovative approach: We understand that people make mistakes, and we'll help you find the most effective way to deal with them.


    We will fight hard for Alternative Measures Programs in Ontario, which give you the opportunity to avoid jail time and maintain your freedom. We will work with you and the Crown prosecutor assigned to your case to come up with a solution that is right for you.


  • When I search for my criminal record, will AMP appear?

    Alternative measures are often viewed as a threat to criminal records by many people. Alternative measures do not constitute a conviction since they do not contain a finding of guilt or an admission of guilt. 


    Indeed, alternative measures won't show up on most criminal record checks, but the fact that you have received alternative measures can appear on some enhanced criminal record checks for one year.