R. v. J.L.L.

(Calgary P.C. - Assault). JLL was charged with assault arising from an incident with a condo board and landlord. In this case, JLL arrived home to find uninvited persons in the home. JLL responded by attempting to force these persons out of the apartment. The persons were members of the apartment maintenance staff who were doing maintenance work on the building for which access was needed to the unit. The complainant's apparently gave notice to the building tenants, but JLL was not aware of the notice.  

JLL maintained innocence, claiming that the assault was justified because he was defending property (the home).  The act of self defence was not unreasonable.  

The prosecutor screened the file and agreed with the defence that a criminal record was not required. The Crown agreed to divert JLL through Alternative Measures. JLL did not want to risk the outcome of a trial or incur higher trial fees (legal costs). JLL successfully completed the Alternative Measures Program (AMP) and the charge was withdrawn by the Prosecution. 

Alternative Measures (AMP) is available for low level summary assault allegations. It is an offer that is often accepted by the accused because if the program is completed, it guarantees the withdrawal of the charge while significantly mitigating legal fees. Trial is expensive and uncertain.  Alternative Measures permits a response from Alberta Justice while limiting the consequences to the accused.  Alternative Measures is not an expression of guilt; rather, it is only an admission of responsibility. There is an important distinction between being guilty and shouldering a measure of responsibility for being involved the circumstances that led to the charge.  David Chow is a Calgary criminal defence lawyer who will pursue AMP and every available option in the best interest of his client.  It is important to understand that ONLY the Prosecutor can agree to a resolution that will result in the withdrawal of criminal charges.