Many people in the criminal justice system are in a vulnerable situation, sometimes because they are in a precarious situation or homeless, sometimes because they are struggling with mental health or addiction problems, sometimes because they are victims of mistreatment or abuse.
This is why many social programs have been set up as an alternative to their incarceration, including at the Municipal Court of Montreal and the Court of Quebec.
Justice and Mental Health Support Program in Montreal (PAJ-SM)
This program is an alternative to the courts for accused persons who are struggling with mental health problems, who are still fit to stand trial, and who have committed minor offences that fall under the jurisdiction of the Municipal Court of Montreal. Eligibility for the program will be decided by the prosecutor, based on a referral from an intervenor.
The program helps guide accused persons through their court proceedings, refer them to appropriate resources, and have assigned judges who are well-trained in mental health matters. It promotes supervision, ongoing follow-up in the community and treatment adapted to the accused’s personal situation. By reducing the risk of recidivism, this protects the public and promotes the reintegration of accused persons who suffer from mental health problems.
At the end of the Municipal Court hearings, the accused is subject to an agreement that sets out various conditions to be determined on a case-by-case basis, such as:
● Do not consume alcohol or drugs
● Avoid contact with a particular individual(s)
● Respect the recommendations of the treatment team
Subsequently, if the accused respects his agreement, the charges are likely to be withdrawn or a non-custodial sentence may be imposed. However, if the accused does not comply with the terms of the agreement, his trial is retried in a regular court.
Homelessness Justice Support Program at Court (PAJIC) and Support Program for People in Homelessness (PAPSI)
PAJIC
The PAJIC targets people who have experienced past or current homelessness and who have a criminal record.
Admissibility
The Clinique Droits Devant is the main gateway to the program and determines eligibility for it. To be eligible for the program, the person must:
● Have one or more criminal offence charges against him or her that have not been tried in the Municipal Court of Montreal. The offence must be covered by the programme, which is normally the case for offences related to a precarious situation.
● Acknowledge or not contest the facts at the origin of the offence.
● Experiencing or having experienced a situation of social vulnerability, such as residential instability, mental health problems or substance abuse problems.
● Have already begun a process to improve their living conditions, i.e. demonstrate a willingness to carry out an education, awareness, prevention, intervention, repair or rehabilitation process.
The person’s steps are regularly monitored with the Clinique Droits Devant. It is carried out according to the needs and situation of the participant, and generally for a period of one and a half years.
While the participant is attending the program, the court process is postponed to a later date, it will resume if the participant withdraws or fails the program. If the participant successfully completes the program, the amount of their debts may be reduced, the charge dropped, or the sentence adjusted.
PAPSI
Since 2008, PAPSI has also been offering support to people experiencing homelessness. PAPSI workers help participants identify their criminal records and then make flexible arrangements that are tailored to their situation. The latter may agree on compensatory work (provided by partner organisations) or payment, as the case may be.
In the same way as the PAJIC, the programme aims to regularize the legal situation of users and to encourage their reintegration and social rehabilitation.
Drug Justice Support Program (PAJTO)
Since 2015, the drug justice support program has been designed to support people who are facing criminal charges and who suffer from drug addiction, i.e., drug or alcohol dependence. It makes participants aware of the risks associated with their drug addiction, reduces the future risk of addiction-related problems, offers an alternative to incarceration through a therapeutic approach and post-therapeutic follow-up, as well as promotes rehabilitation and social reintegration.
Admissibility
To participate in the program, both the accused person and the prosecutor must give their consent. In addition, the participant must:
● Admitting to having a problem with alcohol or drug use;
● Follow a therapeutic process;
● Accept the conditions of release, if applicable;
● Agree to the transmission of personal information concerning his therapy, his progress and his general condition to the court and the intervening team.
The participant may withdraw his or her consent at any time, however, the legal process resumes.
Point End Program
Since 1988, people who have been convicted of driving or taking care and control of a vehicle while impaired by alcohol or drugs have been eligible for the Point End Program. The goal of the program is to reduce the risk of recidivism by informing and educating the participant on the consequences of driving while impaired by alcohol or drugs.
Admissibility
To be eligible, the individual must not have a charge of dangerous driving involving bodily harm or death. In addition, he and the prosecutor must give their consent to his participation.
During the program, the participant will also be required to attend a weekly 45-minute education and awareness session without fail. Also, the person must attend predetermined sessions of Alcoholics Anonymous (AA), Narcotics Anonymous (NA) or Cocaine Anonymous (CA).
If she successfully completes the program, imprisonment can be avoided and replaced by a fine or conditional sentence. However, when the program fails, the legal process resumes.
Aboriginal Justice Support Program (PAJ-A)
Individuals who identify as Indigenous (First Nations, Inuit or Métis) and who are facing criminal charges are eligible for the Indigenous Justice Accompaniment Program. The program is led by workers from the Crime Victims Assistance Centre (CAVAC), Courtside Service and the Indigenous community sector, who provide support to both victims and accused persons.
The goal of this program is to reduce the rate of victimization and crime among Aboriginal people by integrating Aboriginal values into the justice system and allowing them greater autonomy in the administration of justice in their communities.
The person is eligible if they indicate that they identify as Indigenous. Sessions begin with opening remarks by an Indigenous Elder or Courtworker and a smudging ceremony. Throughout the court process, interpreters and defence lawyers ensure that the accused person understands the court process.
The program provides an alternative to incarceration, through an individualized process that seeks to repair the harm caused, consider past and present systemic inequities, and maintain harmony within the community.
Shoplifting Mutual Aid Program (EVE)
This program is offered at the Municipal Court of Montreal to women accused of economic crimes, such as theft or fraud. It is given at the Montreal and Gatineau points of service of the Elizabeth Fry Society of Quebec (SEFQ), creator of the program.
The service is free, bilingual, can be done remotely or in person and is confidential.
Admissibility
To participate in the program, the prosecutor and the accused must submit their agreement. Eligible women must be charged with economic crimes on the island of Montreal or be subject to surveillance in Quebec. In addition, they will not be eligible if they do not admit guilt, have a language barrier, have serious mental health issues, have substance abuses, or have a moderate or high intellectual disability.
Program Purpose and Operation
The program is intended to serve as a diversion measure, and an alternative to incarceration. It encourages women to take responsibility, understand their actions and consequences and reduce recidivism.
The program is carried out in group sessions. In the case of a first offence, it is shorter (3 sessions), and in the case of a repeat offence, longer (10 sessions). The sessions cover a variety of themes, such as the reasons for economic crimes, the means of control over these actions and a section on self-esteem.
If the program is successful, the sentence may be withdrawn, modified or reduced, depending on the judge’s decision. However, if the participant withdraws from the program or fails it, the court process resumes its regular course.
General Alternative Measures Program (GMAP) for Adults
This program allows for the use of alternative measures rather than traditional judicial measures. It allows defendants to take responsibility, to learn about the consequences of their actions and to repair them other than through legal proceedings. It therefore aims to prevent recidivism by preventing these people from finding themselves in trouble with the law again. This program is part of a restorative justice program, allowing the offender to repair his wrongs.
The program is available at the Court of Québec in all judicial districts, and is also available in certain municipal courts, including those of Montreal, Laval and Quebec City.
Admissibility
To be eligible for the program, you must:
1) That the offence committed is eligible for the Program;
It should be noted that less serious offences, such as theft or assault without injury, will normally be admitted. In particular, sexual violence, or crimes committed against vulnerable people or in a domestic context are not eligible offences.
(2) That the accused person acknowledge the acts at the origin of the offence with which he or she is charged;
(3) That the accused person is willing to cooperate with the alternative measures;
It is the Criminal and Penal Prosecutor who will determine eligibility. To do so, it will also take into account several criteria such as the circumstances of the offence, the situation and point of view of the victim, the criminal record of the accused or the interest of society.
Alternative measures applied
Alternative measures vary depending on the needs of the accused, the interests of society and the interests of the victim. They could be reparation measures towards the victim (compensation, mediation, etc.) or the community (community services). They could also be education or treatment measures, such as therapy or anger management workshops.
Result
The accused person is not required to participate in the Program. If she participates and successfully completes it, the criminal charges against her will be dismissed and she will not have a criminal record.
Conciliation Program
The Conciliation Program is a conflict resolution service offered to parties following the filing of a criminal complaint.
Indeed, the program is particularly suitable for parties who have to maintain certain relationships after the legal proceedings, whether they are work colleagues, friends, neighbors, etc. However, the program is not available in domestic and family violence cases.
First, the prosecutor meets with the victim to determine if an out-of-court agreement is possible. If so, the Judge contacts the accused or his or her lawyer to find a settlement, which is submitted to the court for approval. Sometimes, the prosecution withdraws its charges and instead asks for restitution to the victim. In cases where the parties do not agree, however, the court process resumes its normal course.
Throughout the process, the Crime Victims Assistance Centre (CAVAC) is a resource available to the victim throughout the legal process. He or she can provide explanations, listening, information, assistance in preparing testimony and even accompaniment in court.
Victim Programs
There are also some support programs for victims of criminal offences.
Courtyard Side Program
Led by the CIUSSS du Centre-Sud-de-l’Île-de-Montréal, and offered throughout the island of Montreal, the service provides support to victims of domestic or family violence (and not to the accused) in their legal proceedings.
The members of the service assess the risks of dangerousness and recidivism within the family, as well as the needs of child witnesses or victims of violence, to refer users to the appropriate resources. They accompany the victim during the legal process and take into account their requests and needs. In particular, the prosecutor meets with the victim to explain each step of the case. In addition, if the accused is released, the victim will be promptly informed of the conditions of release.
The service also plays a role in raising awareness among judicial and social actors about the phenomenon of domestic and family violence, offering training to prosecutors and judges involved in this type of case.
Program for Justice Against Elder Abuse (PAJMA)
Since 2012, people over the age of 65 who are victims of mistreatment or abuse have been able to benefit from the justice support program against elder abuse. In concrete terms, the Crime Victims Assistance Centre (CAVAC) or the Courtside Service accompanies the victim during the legal process.
The program offers listening, information and support services throughout the legal process. Workers treat the victim with respect and dignity, and can help them prepare for their testimony, for example. They also encourage whistleblowing and the collection of evidence from seniors.
Navigating the justice system can be complex, especially when it comes to assessing eligibility for these programs and advocating for one’s rights. At Lambert Lawyers, we put our expertise at your service to support you every step of the way.
Contact us today for a consultation and ensure you get the best defense possible.