Alternative measures

The increased numbers of individuals entering
the criminal justice system during the 1990s led
to strategies to keep offenders out of the formal
justice system. The introduction of Bill C-41 by
the federal government gave the provinces
legislative authority to implement alternative

33
measures programs,

In anticipation of enacting Bill C-41, the
Branch implemented alternative measures
programs throughout the province as part of a
response to reduce the backlog in adult criminal
provincial court. The programs, delivered by
community alternative measures contractors,
received direct referrals from Crown counsel.

Alternative measures refer to non-judicial
proceedings that dealt with criminal offences
with minimal intervention. They applied when
there was no risk of compromising public
safety. When an offender did not complete
conditions of the alternative measures
agreement, legislation allowed prosecution of
the original offence. The program provided a
cost-effective alternative to processing low-risk
offenders through the criminal justice system.

Alternative measures programs, in addition to
community accountability and diversion
initiatives, provided forms of restorative justice.
The programs removed low-risk offenders with
minor crimes from the courts. They also
focused on relationships involving the offender,
victim and community to produce meaningful
consequences for crimes. While victims of
crime were given a voice through alternative
measures, offenders had an opportunity to

accept responsibility for their actions and make
amends to individuals they had harmed.

Community accountability programs are
diversion programs operated by community
groups. Referrals to such programs come from
the police. While several community
accountability programs (e.g. family group
conferencing, neighbourhood accountability
boards/panels and circle remedies) existed, they
were not consistently available province-wide.

In contrast, alternative measures programs were
based on referrals by Crown counsel after the
police decided to lay charges. Corrections
Branch staff in the Community Corrections
Division managed contracts for the delivery of
these programs to agencies such as Elizabeth
Fry Society and John Howard Society. Once a
referral was made to a community agency, an
offender interview was conducted and the
agency drafted an agreement setting out how
the offender would make amends for the crime.

Examples of alternative measures agreements
have included:
» Completion of community service hours;

a Drug and alcohol programs;

Apology or restoration of property to the
victim;

» Shoplifter’s responsibility program;

» Referrals for special needs clients, such as

new immigrants and the mentally
disadvantaged.

Victim/offender reconciliation and
neighbourhood accountability programs have
also been a part of alternative measures
agreements.

33 Although Bill C-41 was not enacted until 1995, it received second reading on October 18, 1994.

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Corrections in British Columbia