Criminal Charges & Alternative Measures

If you are charged with a crime, the police may decide to release you. To do this, they will either give you a Appearance Notice of have you sign an undertaking. They can also release you and serve a summons on you later as long as you were not arrested on a warrant.

Any of these papers will have the time, date and court location where you need to appear for court. They may also have a time, date and location for you to have your photograph and fingerprints taken. You must appear when required. if you fail to appear as required, you can be charged with another offence.

If you must appear in court, it is good to know what to expect in advance…

• Arrive early. You will need time to go through security and find the right courtroom.
• There may a metal detector and you may be searched for security purposes.
• Do not bring things like knives that may be considered a weapon.
• You can ask court staff for help finding your courtroom if you need.
• Once at your courtroom, let the court clerk know what matter you are there for.
• Do not eat, drink or chew gum. Water is allowed.
• Remove your hat, unless you wear it for religious reasons.
• Turn off cell phones and all electronic devices.
• Do not take pictures.

When the judge arrives, the clerk will announce the judge and tell everyone to stand if able while the judge enters. There are some rules to follow…

• If you are in Provincial Court, call the judge “Your Honour”.
• If you are in the Court of King’s Bench, call the judge “Chief Justice”, “Associate Chief Justice” or “Justice” depending on their title. You can also use those terms followed by their last name.
• Stand up if you are talking to the judge.
• Speak loudly enough to be heard clearly and only when it is your turn to speak.
• Do not talk to other people in the courtroom while the judge is in the courtroom.
• If you need to enter or leave the courtroom while it is in session, do so quietly. Make sure you are present when it is time for your matter to be heard.
• Do not interrupt the other party, a lawyer or the judge.
• Do not argue with the judge.
• Do not use swear words or slang.
• When the judge leaves the courtroom, everyone should stand if able until the judge is gone.

A criminal charge does not always have to be dealt with in court. Before or after you are charged with a crime the prosecutor can decide to keep the case out of court by having it dealt with through an alternative measures program. Although the decision is made by the prosecutor, you or your lawyer can ask to have your case dealt with this way. The police or the victim can also make this request.

Alternatives measures can be used only if you agree to have your case deal with this way and you accept responsibility for the offence. Some offences cannot be dealt with in this way. These include offences:

• involving domestic violence
• that are driving related where drugs or alcohol were a contributing factor
• involving violence to a person if it is prosecuted as an indictable offence

There are a variety of organizations that deliver alternative measures programs, including:

• community-based non-profit agencies
• First Nations
• Tribal Councils
• fee-for-service mediators

These programs use various methods of dealing with the case. They may have the victim and offender work with a trained mediator. They may have a community conference that involves the victim, the offender and other professionals. Successful participants will not have a criminal record for cases dealt with through alternative measures programs.