Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:No bar to proceedings

• 715.52 (1) The use of alternative measures in respect of a person alleged to have committed an offence is not a bar to proceedings against the person under this Act, but, in the case where a charge is laid against that person in respect of that offence,

  • (a) if the court is satisfied on a balance of probabilities that the person has totally complied with the terms and conditions of the alternative measures, the court must dismiss the charge; and

  • (b) if the court is satisfied on a balance of probabilities that the person has partially complied with the terms and conditions of the alternative measures, the court may dismiss the charge if, in the opinion of the court, the prosecution of the charge would be unfair, having regard to the circumstances and that person’s compliance with respect to the alternative measures.

• Marginal note:Laying of information or other process

  (2) Subject to subsection (1), nothing in this Part is to be construed as preventing any person from laying an information, obtaining the issue or confirmation of any process or proceeding with the prosecution of any offence, in accordance with the law.