C-25.1 - Code of Penal Procedure

Section 159.2 Disposition versions

2020-06-05

159.2. Before a judgment is rendered, the prosecutor may offer the defendant the possibility of participating in an adaptation program, to the extent that such a program is available.

To make such an offer, the prosecutor must ensure that

(1)  there is sufficient evidence to go to trial or to continue proceedings;

(2)  participation in such a program corresponds to the defendant’s needs;

(3)  the defendant acknowledges the facts resulting in the offence or does not contest them and wishes to participate in the program;

(4)  no rule of law prevents the beginning or continuation of proceedings;

(5)  the defendant has been informed of his right to obtain the assistance of a lawyer;

(6)  the defendant renounces, in writing, invoking the time spent participating in the program for the calculation of the time spent waiting to be tried; and

(7)  the offer is in the interests of justice.

For the purposes of subparagraph 2 of the second paragraph, the defendant’s needs shall be determined in cooperation with the defendant.

2020, c. 12, s. 35.