When an individual commits an offence, the criminal and penal prosecutor analyzes the evidence to determine if it is sufficient to prosecute the individual.
If there is sufficient evidence, the offender will still have discretion to lay charges against the offender, or not to lay charges and offer the offender a non-judicial criminal treatment program.
This option allows an offender who has committed a minor offence to avoid a full court proceeding. The goal of this program is to prevent the offender from having a criminal record that will permanently affect his or her reputation, and to give him or her a chance to rehabilitate himself. However, there are strict criteria that must be met in order to be eligible.
Who can benefit from the program?
To be eligible, the individual must meet 4 criteria:
- The individual must express a willingness to change his or her behaviour. Nor should he refuse to compensate the victim;
- The individual must not have a significant criminal record or be prosecuted for other offences at the same time;
- The individual must have committed a minor, not serious or violent, offence;
- The individual must have a low risk of re-offending, i.e., committing a new offence;
It should be noted that if the individual has already benefited from the program in the previous five years, he or she will not be eligible.
Types of Eligible Offences
Not all offences will be eligible for the program. The latter is designed for minor infractions. Eligibility will depend, among other things, on the circumstance of their commission, their seriousness, their consequence and the risk of recidivism of the offender.
For example, offences such as assault, disturbing the peace, theft of property under $5,000, or possession of cannabis will generally be eligible.
Conversely, offences committed in the context of domestic or family violence, mistreatment of vulnerable persons, sexual exploitation or abuse, operation of a motor vehicle, organized crime or terrorism will generally not be eligible.
Program Process
When the prosecutor decides not to prosecute, he can either send him a warning letter or a demand letter.
Warning Letter
This letter informs the offender that there is sufficient evidence against them to initiate a criminal prosecution, but that they will not be prosecuted and are eligible for the program. She informed him of his right to consult a lawyer and that if he committed another offence within the next five years, he would not be able to benefit from the program again and would be prosecuted.
Formal notice
The demand letter is used only in cases where the offender has not complied with a court order. It reminds him of his obligations and warns him that if he does not comply within a certain period of time, he will be prosecuted.
The non-judicial treatment of criminal offences is an attractive alternative for offenders who have committed minor offences. This program aims not only to avoid the consequences of a full court proceeding, but also to provide a chance for rehabilitation without having a criminal record.
At Lambert Lawyers, we understand the importance of this second chance for our clients and we are committed to helping them navigate these proceedings with expertise and compassion. If you or someone you know could benefit from this program and would like to explore this possibility, contact our dedicated criminal law team today.