Non-judicial treatment of certain criminal offences committed by adults

Have you committed an offence? In most cases, the police will submit an investigation file to the criminal and penal prosecuting attorney (prosecutor). This file typically contains statements from various witnesses, documentary evidence, and a request to initiate legal proceedings.

The prosecutor may lay charges against you by laying an information, which requires you to appear before the court and, if applicable, stand trial. Alternatively, the prosecutor may decide not to charge you and offer you the opportunity to participate in the Non-Judicial Treatment Program for Certain Criminal Offences Committed by Adults (the program). This decision is within the prosecutor's discretion and is based on the exercise of prosecutorial discretion. The prosecutor refers to directive NOJ-1 from the Director of Criminal and Penal Prosecutions and the program to guide their decision.

Eligibility

Any adult offender may qualify for the program for an eligible offence, provided they are not excluded due to one of the circumstances described in the program and according to the assessment factors listed in the program.

If you are eligible for the program, you will receive a letter informing you that you are subject to a non-judicial treatment measure. If you oppose this, charges related to the offences for which non-judicial treatment was considered will then be brought against you, subject to any limitation periods.

Eligible Offences

The offence must be one that can be prosecuted summarily or through a ticketing process (under the Cannabis Act) and must appear on the list of eligible offences, except in cases where the offence is committed:

In a context of domestic or family violence (as defined by Directive VIO-1);
Involving abuse or mistreatment of vulnerable individuals (e.g., due to age, health status, or physical/mental disability);
Involving exploitation or sexual abuse;
Involving the driving of a motor vehicle;
Involving organized crime;
Involving proceeds of crime;
Involving terrorism.

Examples of potentially eligible offences:

Assault (pushing or hitting someone);
Threats;
Criminal harassment;
Theft under $5,000;
Public mischief (e.g., making a false report accusing someone of an offence or falsely reporting an offence);
Breach of probation;
Possession of cannabis (legal or illegal) totaling 50g or less of dried cannabis;
Possession of 5 or 6 cannabis plants that are not budding or flowering.

Program Exclusions

Certain individuals are excluded from the program. You will not be eligible if, for example:

You have a criminal record for a similar offence;
You have multiple pending cases;
You have already received an alternative justice measure (e.g., the General Adult Alternative Measures Program (PDF 204 Kb) or the Programme d’accompagnement justice et santé mentale (PDF 3.80 Mb) within the last five years, including non-judicial treatment.

If you are an Indigenous person, the prosecutor may decide to refer you to the program despite certain exclusions when it serves the public interest, considering systemic or historical factors specific to your community.

Assessment Factors

In addition to exclusions, several factors will help determine whether you are a suitable candidate for the program, including:

The specific circumstances surrounding the offence;
Actions you have taken to address the harm caused by the offence (e.g., restitution or an apology letter to the victim), if applicable;
The risk of reoffending.

If you are an Indigenous person, additional factors may be considered, such as participation in a community program focused on rehabilitation or reparation.

Non-Judicial Treatment Measures

If the prosecutor decides not to lay charges against you, they may issue:

A warning letter; or
A notice.

Warning Letter

The warning letter informs you:

That a complaint was filed against you and that sufficient evidence exists to prosecute you for the alleged offence;
That given the overall circumstances of the case, you are eligible for the program;
That no criminal prosecution will proceed for this offence unless you object;
That you have the right to consult a lawyer of your choice;
That if you commit another criminal offence within the next five years, this case will be considered in deciding your eligibility for the program again.

Formal Notice

The prosecutor issues a notice in cases of:

Non-compliance with a probation order requiring restitution;
Failure to comply with a summons, appearance notice, or promise to appear for fingerprinting (Identification of Criminals Act).

The formal notice is not subject to the assessment factors outlined in the program.

The formal notice reminds you that your legal obligation deadline has expired and warns you that if you fail to comply promptly, charges will be filed against you.

Eligibility for the Program After Laying an Information

The program applies during the analysis phase for authorization to prosecute. Exceptionally, if the circumstances justify it, the prosecutor may agree to process a case that has already been the subject of an information under certain conditions. You could therefore benefit from the program even if you have already been charged.