How the Alberta Alternative Measures Program (AMP) Can Help Keep Your Record Clean
Being charged with a criminal offence can be overwhelming. Many people assume that once charges are laid, a criminal record is inevitable. Fortunately, that is not always the case.
In Alberta, certain individuals may be eligible for the Alternative Measures Program (AMP), a program that can allow criminal charges to be resolved without a criminal conviction. For first-time offenders and those facing less serious allegations, AMP may provide an opportunity to accept responsibility, address the underlying issue, and move forward without a criminal record.
At Summit Point Law, we help clients understand whether AMP may be available in their circumstances and advocate for outcomes that protect their future.
What Is the Alternative Measures Program?
The Alternative Measures Program is a diversion program authorized under the Criminal Code of Canada. Rather than proceeding through the traditional court process, eligible individuals may complete certain requirements in exchange for the withdrawal of criminal charges.
The program is designed to promote accountability while avoiding the long-term consequences that can arise from a criminal conviction.
Alternative Measures are commonly used for individuals who:
Have little or no prior criminal history;
Are charged with less serious offences;
Accept responsibility for their actions; and
Are assessed as suitable candidates for diversion.
The goal is to address the behaviour that led to the offence while reducing unnecessary involvement in the criminal justice system.
What Types of Offences May Qualify?
Eligibility depends on the specific circumstances of each case, but Alternative Measures are commonly considered for certain non-violent and lower-level offences, including:
Theft under $5,000;
Mischief;
Minor fraud allegations;
Causing a disturbance;
Minor assaults in appropriate circumstances;
Property-related offences; and
Other first-time offences.
Not every offence is eligible, and acceptance into the program is never guaranteed. Crown prosecutors assess each case individually.
Factors that may influence eligibility include:
The seriousness of the allegation;
The accused person’s criminal history;
Whether there was a victim involved;
Public safety considerations; and
The overall circumstances surrounding the offence.
What Does the Program Require?
If accepted into Alternative Measures, participants are usually required to complete one or more conditions within a specified period of time.
Depending on the circumstances, these conditions may include:
Community service hours;
Counselling programs;
Educational courses;
Restitution payments to victims;
Letters of apology; or
Other rehabilitative measures.
The requirements are intended to promote accountability and address the underlying conduct that led to the charge.
What Happens After Successful Completion?
Upon successful completion of the program, the Crown will generally withdraw the criminal charge.
This is one of the most significant benefits of AMP.
Because there is no conviction, participants avoid many of the consequences associated with a criminal record, including:
Employment barriers;
Professional licensing concerns;
Immigration complications;
Difficulties travelling internationally; and
Reputational harm.
For many individuals, AMP provides an opportunity to learn from a mistake without carrying the burden of a criminal conviction for years to come.
Is Alternative Measures the Same as Being Found Not Guilty?
No.
Participation in Alternative Measures is not the same as an acquittal or a finding of not guilty.
To enter the program, individuals are generally expected to accept responsibility for the conduct that gave rise to the charge. The case is then diverted from the traditional court process.
While the charge is withdrawn upon successful completion, participation in the program may still be documented within justice system records for a period of time.
Because every case is different, it is important to obtain legal advice before deciding whether Alternative Measures is the right option.
Why Legal Advice Matters
Many people are offered Alternative Measures and assume they should automatically accept it. However, that is not always the best course of action.
Before agreeing to any diversion program, it is important to understand:
Whether the Crown can actually prove the charge;
Whether there are viable legal defences available;
The potential immigration consequences;
The impact on employment or professional licensing; and
Whether a better resolution may be possible.
In some situations, Alternative Measures may be an excellent outcome. In others, a withdrawal, peace bond, or trial may be more appropriate.
An experienced criminal defence lawyer can review the evidence, assess the strength of the prosecution’s case, and help you make an informed decision.
Charged With a Criminal Offence in Alberta?
A criminal charge does not automatically mean a criminal record.
If you have been charged with an offence in Alberta, you may have options available to protect your future, including eligibility for the Alternative Measures Program.
At Summit Point Law, we provide strategic criminal defence representation and help clients understand all available resolutions, including diversion programs, peace bonds, withdrawals, and trial options.
Contact Summit Point Law today to schedule a consultation and discuss the best path forward in your case.