Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Regulations

• 715.43 (1) On the recommendation of the Minister of Justice, the Governor in Council may make regulations generally for the purposes of carrying out this Part, including regulations respecting

  • (a) the form of the remediation agreement; and

  • (b) the verification of compliance by an independent monitor, including

    • (i) the qualifications for monitors,

    • (ii) the process to select a monitor,

    • (iii) the form and content of a conflict of interest notification, and

    • (iv) reporting requirements.

• Marginal note:Amendment of schedule

  (2) On the recommendation of the Minister of Justice, the Governor in Council may, by order, amend the schedule by adding or deleting any offence to which a remediation agreement may apply.

• Marginal note:Deleting offence

  (3) If the Governor in Council orders the deletion of an offence from the schedule to this Part, this Part continues to apply to an organization alleged to have committed that offence if a notice referred to in section 715.33 respecting that offence was sent to the organization before the day on which the order comes into force.

PART XXII.2Alternative Measures and Restorative Justice Processes

Definitions

Marginal note:Definitions

715.44 The following definitions apply in this Part.

alternative measures

alternative measures means measures other than judicial proceedings under this Act that are applicable in respect of a person who is 18 years of age or older and is alleged to have committed an offence. (mesures de rechange)

restorative justice

restorative justice, in respect of the criminal justice system, means an approach to justice that seeks to repair the harm caused by an offence to individuals and their relationships. (justice réparatrice)

restorative justice process

restorative justice process means a process that provides an opportunity for a person alleged to have committed an offence, an offender, a victim or members of a community, as the case may be, to communicate, directly or indirectly, about the causes, circumstances and impacts of an offence or alleged offence in order to seek a resolution to repair the harm caused. (processus de justice réparatrice)

Purpose and Principles

Marginal note:Purpose

715.45 The purpose of this Part is to contribute to the respect for the law and the maintenance of a just, peaceful and safe society, including by

• (a) holding a person alleged to have committed an offence or an offender accountable in respect of the offence or alleged offence;

• (b) promoting a sense of responsibility for the offence or alleged offence and acknowledging the harm caused to the victim and the community;

• (c) repairing the harm caused to the victim and the community;

• (d) promoting the rehabilitation and reintegration of the person alleged to have committed an offence or the offender; and

• (e) preventing further harm and involvement in the criminal justice system.

Marginal note:Principles

715.46 The following principles apply to this Part:

• (a) judicial resources are more appropriately used in relation to offences that pose a risk to the safety of the public;

• (b) measures that are taken under this Part allow for effective and timely intervention focused on addressing the circumstances underlying the offence or alleged offence;

• (c) crime has a harmful impact on victims and on society and measures that are taken under this Part should take into consideration their interests; and

• (d) measures that are taken under this Part take into account the personal circumstances and characteristics of the person alleged to have committed the offence or of the offender and of the victim, as the case may be, with particular attention to the needs of Aboriginal persons and Black persons.

Warnings and Referrals

Marginal note:Warnings and referrals — police

• 715.47 (1) A police officer must, if it is appropriate in the circumstances and does not pose a risk to the safety of the public, while taking into account the interests of the victim, of society and of the person alleged to have committed an offence and having regard to the purpose and principles set out in sections 715.45 and 715.46, consider, instead of proceeding with the laying of an information against the person alleged to have committed the offence,

  • (a) taking no further action;

  • (b) issuing a warning to the person; or

  • (c) with the consent of the person, referring them to a program or to an agency or another service provider in the community that may assist them or, if authorized to do so, to an alternative measure.

• Marginal note:Validity of charges

  (2) The failure of a police officer to consider the options set out in subsection (1) does not invalidate any subsequent charges against the person for the offence.

Marginal note:Warnings and referrals — prosecutor

• 715.48 (1) A prosecutor must, if it is appropriate in the circumstances and does not pose a risk to the safety of the public, while taking into account the interests of the victim, of society and of the person alleged to have committed an offence and having regard to the purpose and principles set out in sections 715.45 and 715.46, consider, before commencing or continuing judicial proceedings against the person alleged to have committed the offence,

  • (a) issuing a warning to the person; or

  • (b) with the consent of the person, referring them to a program or to an agency or another service provider in the community that may assist them or to an alternative measure.

• Marginal note:Validity of proceedings

  (2) The failure of a prosecutor to consider the options set out in subsection (1) does not invalidate any proceedings against the person for the offence.

Alternative Measures

Conditions for Use

Marginal note:Conditions

715.49 Alternative measures may be used in respect of a person alleged to have committed an offence if the following conditions are met:

• (a) the alternative measures are part of a program of alternative measures authorized by the Attorney General or the Attorney General’s 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 alternative measure is satisfied that it would be appropriate, having regard to the needs of the person alleged to have committed the offence and the interests of the victim and of society;

• (c) the person alleged to have committed the offence, having been informed of the alternative measure, fully and freely consents to participate in it;

• (d) the person alleged to have committed the offence has, before consenting to participate in the alternative measure, been advised of the right to be represented by counsel;

• (e) the person alleged to have committed the offence accepts responsibility for the act or omission that forms the basis of the offence;

• (f) in the opinion of the Attorney General or the Attorney General’s agent, there is sufficient evidence to proceed with the prosecution of the offence; and

• (g) the prosecution of the offence is not in any way barred at law.

Restrictions on Use

Marginal note:Restrictions

715.5 Alternative measures must not be used in respect of a person who

• (a) denies participation or involvement in the commission of the offence; or

• (b) expresses the wish to have any charge against them dealt with by the court.

Marginal note:Admissions not admissible in evidence

715.51 No admission, confession or statement accepting responsibility for a given act or omission made by a person alleged to have committed an offence as a condition of the person being dealt with by an alternative measure is admissible in evidence against that person in any civil or criminal proceedings.

Marginal note:No bar to proceedings

• 715.52 (1) The use of alternative measures in respect of a person alleged to have committed an offence is not a bar to proceedings against the person under this Act, but, in the case where a charge is laid against that person in respect of that offence,

  • (a) if the court is satisfied on a balance of probabilities that the person has totally complied with the terms and conditions of the alternative measures, the court must dismiss the charge; and

  • (b) if the court is satisfied on a balance of probabilities that the person has partially complied with the terms and conditions of the alternative measures, the court may dismiss the charge if, in the opinion of the court, the prosecution of the charge would be unfair, having regard to the circumstances and that person’s compliance with respect to the alternative measures.

• Marginal note:Laying of information or other process

  (2) Subject to subsection (1), nothing in this Part is to be construed as preventing any person from laying an information, obtaining the issue or confirmation of any process or proceeding with the prosecution of any offence, in accordance with the law.

Restorative Justice Processes

Principles

Marginal note:Principles

715.53 The following additional principles apply to the use of restorative justice processes:

• (a) restorative justice processes prioritize the acknowledgement and acceptance of responsibility for the harm caused to victims and communities and the repair of that harm by the person alleged to have committed an offence or the offender;

• (b) they are voluntary and participants must fully and freely consent to participate and may freely withdraw from the restorative justice process at any time;

• (c) they take into consideration the safety and security of all participants and seek to prevent further harm;

• (d) they are based on courtesy, compassion and respect, including respect for the dignity of all participants;

• (e) they foster and support the meaningful participation of those affected, including victims, persons alleged to have committed an offence and offenders and their communities;

• (f) they enable participants to communicate openly and honestly and to have an active role in determining how to address their needs, as they perceive them; and

• (g) they provide opportunities for understanding, healing and change and contribute to the restoration and recovery of victims and the rehabilitation and reintegration of persons alleged to have committed an offence or offenders.

Marginal note:Application

• 715.54 (1) A restorative justice process may be used at any stage of a criminal justice process, including as an alternative measure.

• Marginal note:Restorative justice process — forms

  (2) A restorative justice process may take various forms, including in the form of a mediation or dialogue between the victim and the person alleged to have committed an offence or the offender, a restorative conference or a sentencing circle.

• Marginal note:For greater certainty

  (3) For greater certainty, sections 715.49 to 715.52 apply when a restorative justice process is used as an alternative measure under this Part.

Conferences

Marginal note:Conference may be convened

• 715.55 (1) A judge, justice or any person authorized under the rules and practices referred to in subsection (3) may, on request or on their own initiative, convene or cause to be convened a conference, in which a prosecutor, a person alleged to have committed an offence or an offender, and any other person who could assist with the objectives set out in subsection (2), participate.

• Marginal note:Objective

  (2) The objective of a conference is, among other things, to facilitate the use of alternative measures or restorative justice processes in respect of the person alleged to have committed the offence or the offender and to make recommendations, if appropriate, in respect of resolution options, treatment plans, counselling and health and social services.

• Marginal note:Rules — establishment

  (3) The Attorney General or any other minister designated by the lieutenant governor in council of a province may establish rules and practices for the convening and conducting of conferences, other than for conferences convened or caused to be convened by a judge or justice.

• Marginal note:Rules to apply

  (4) In provinces and territories where rules and practices are established under subsection (3), the conferences to which those rules and practices apply must be convened and conducted in accordance with those rules and practices.

Records

Marginal note:Records — warnings or referrals

715.56 Sections 715.57 to 715.6 apply only in respect of persons who have been issued a warning or a referral under section 715.47 or 715.48, regardless of the degree of their compliance with the terms and conditions of the alternative measures.

Marginal note:Record keeping

715.57 The police officer who issues a warning or makes a referral is to keep a record of the warning issued or referral made under section 715.47, including the identity of the person warned or referred.

Marginal note:Police records

• 715.58 (1) A record relating to any offence alleged to have been committed by a person, including the original or a copy of any fingerprints or photographs of the person, may be kept by any police force responsible for, or participating in, the investigation of the offence.

• Marginal note:Disclosure by peace officer

  (2) A peace officer may disclose to any person any information in a record kept under this section that is necessary to disclose in the conduct of the investigation of an offence.

• Marginal note:Other disclosure

  (3) A peace officer may disclose to an insurance company any information in a record kept under this section for the purpose of investigating any claim arising out of an offence committed or alleged to have been committed by the person to whom the record relates.