R. v. A.M.H.

(Calgary, Y.P.C.).  The allegation in this case was "common assault".  After having reviewed disclosure, this case was really nothing more than a minor mixup between a pair of youths. Though the youth accused in this case had a meritorious defence and thus had a legal and rational basis to proceed to trial, he properly pursued admission in a "diversion" program called Extra Judicial Sanctions. In Calgary and courts throughout the Province, diversion programs may be made available to both youth and adults. In Youth Court the diversion program is called "Extra Judicial Sanctions" (EJS).  In adult court this program is referred to as "Alternative Measures" (AMP). Both programs effectively work the same.  The Crown has complete discretion to authorize admission into the diversion program; the judge has no control over this.  Neither AMP nor EJS require the accused to admit guilt; rather, the accused only need to admit a measure of "responsibility". After signing a document "taking responsibility" for the incident (not pleading guilty), the accused then completes a condition of the program. For young persons, the condition is usually some community service hours. Once complete, the charges are withdrawn. The advantage to a diversion program is that the accused takes full control over his or her outcome and can, by a little effort, guarantee no criminal record. If there is one certainty in criminal justice it is that nothing is certain -- especially if a case is left for a judge to decide. It doesn't matter how strong the facts might appear in your favour or how much the law seems to be on your side, you can still lose if your argument doesn't persuade your judge.  Though most Prosecutor's are quite exceptional, some are not. Accordingly, saving legal fees and resolving a case by completed a diversion program is almost always preferable to litigation. If you have been charged as a youth or adult, David Chow is a Calgary criminal lawyer  and Calgary Youth Criminal Defence Lawyer who defends all criminal cases. Call for a free consultation and give him a chance to earn your business.