Alternative Measures Program (AMP)

Article by Isabela Ene

The Adult Alternative Measures Program (AMP) is a program that is available to divert someone accused of a crime away from the traditional criminal justice system. The AMP is a preferred approach to resolving criminal matters because, if an accused successfully completes the AMP, charges against them will be withdrawn, which means no criminal record will result from the matters resolved under the AMP.  

AMP is an option that is available to individuals who don’t have a criminal record, didn’t participate in the program previously, and are charged with minor criminal offences or summary conviction offences. An individual may be eligible for a second chance to do the AMP if at least two years have elapsed since the last completion of the program or finding of guilt.

Participation in this program is at the Crown’s discretion (I often get the question “Who is the Crown?” The Crown is the prosecutor, representing the government). 

Pursuant to Section 717 of the Criminal Code, the Adult AMP is authorizedand contains the following requirements of eligibility:

S.717 When Alternative Measured May Be Used
(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 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 measures 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 of 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 that the person is alleged to have committed;
(f) there is, in the opinion of the Attorney General or the Attorney General’s agent, 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.

(2) Restriction On Use
Alternative measures shall not be used to deal with a person alleged to have committed an offence if the person
(a) denies participation or involvement in the commission of the offence; or
(b) expresses the wish to have any charge against the person dealt with by the court.

The summary conviction offences include:

• Assault (simple assault);
• Causing a disturbance;
• Fraud under $5000;
• Mischief under $5000;
• Obtaining sexual services for consideration;
• Theft under $5000;
• Possession of stolen property under $5000;
• Possession of a controlled substance;
• Taking a motor vehicle without consent;
• Uttering a forged document.

Traffic offences and serious offences such as drug offences involving trafficking in a controlled substance, those resulting in the death of an individual, violence, and sexual offences among others, are not eligible for the AMP.

The Crown must be convinced to divert the matter to the AMP. For that, it is imperative that the defence lawyer have a good handle on the facts of the case, the law and the client’s background such as the family situation, job, education, goals, motive and if the individual is willing to take responsibility. At Ziv Law, we have successfully convinced the Crown to divert many of our clients to the AMP.

Once the Crown agrees to divert the matter to the AMP, the client will sign an AMP form indicating that they have taken responsibility for the offence. This doesn’t mean that you plead guilty, entered into a guilty plea or admitted any of the allegations.

The individual will have a number of months 4-6 to complete the AMP. 

The AMP may include any or all of the following: 

• Completing community service work; 
• Participating in community counselling or an intervention program; 
• Performing personal service to the victim(s); 
• Completing a written essay; 
• Apologizing to the victim(s) personally or in written form; 
• Providing restitution, compensation, and a returning of property to the victim(s); 
• Participating in a restorative justice program; 
• Volunteer work; 
• Charitable donation; and more.

Upon completion of the program, the charges are withdrawn, but before that, the individual is required to provide proof of completion of the AMP to the program coordinator and the Crown. The individual will not have a criminal record. There will be no conviction. 

However, your participation in the AMP may show up on some high-level criminal record checks (such as a government security screening) for a period of 12 months. Also, a CPIC (police database) query will show your enrollment in the program.

If you have been charged with a minor criminal offence and have completed the program more than two times, you should call Ziv Law about your options. 

We all know that being charged with a criminal offence is a serious matter that can affect your employment, ability to travel, education, and can have overall lifelong consequences. The AMP is a program that can help to minimize the impacts of your charges. 

Ziv Law can help determine if the AMP is a good option for you.  

** Please note, this article is intended as a general overview on the subject of criminal law, and is not intended to be legal advice. If you are seeking legal advice, please consult Ziv Law Lawyers.