Alternatives to criminal court
In less serious criminal matters, after charges have been laid, Crown counsel<p>Independent lawyers with the federal or provincial prosecution service. Crown counsel do not represent the government, police or victim of crime. Rather, they perform their function on behalf of the public. Crown counsel may also be referred to as Crown, Crown prosecutors or prosecutors.</p> may agree to proceed by alternative measures under section 717 of the Criminal Code<p><span lang="EN-US">Criminal Code of Canada (CCC)</span><span lang="EN-US"> is the federal law that applies across Canada and sets out criminal offences, sentences and how a criminal case proceeds. A judge must follow the law in the </span><span lang="EN-US">Criminal Code</span><span lang="EN-US">.</span><span> </span></p>. This means that the charges are dealt with outside the court process so there is no criminal trial.
An accused person must accept responsibility and be approved to participate in this program. If they fulfill all the terms of an alternative measures agreement, which often includes performance of community work service, the Crown counsel will direct a stay of proceedings<p>A decision by Crown counsel not to proceed with charges. The prosecution may be re-started within certain timelines. Also see Judicial stay of proceedings.</p> (not proceed with) the charges in court.
Alternative measures involve an agreement between an accused person and Crown counsel. A judge is not involved.