What is a diversion program in Canada?
Criminal diversion programs allow eligible accused persons to avoid a criminal conviction by completing alternative measures such as community service, counselling, restitution to victims, or letters of apology. They are administered under s. 717 of the Criminal Code (Alternative Measures) and provincial programs like the Alternative Measures Program (AMP) and Direct Accountability Programs. Successful completion results in the charge being withdrawn.
Who decides if diversion is offered?
The Crown prosecutor has discretion to refer a case to diversion. The police, Crown, or court can initiate a referral. The accused must accept responsibility for the alleged conduct (without a formal guilty plea) and consent to participate. Acceptance into diversion is not a right -- it is a discretionary decision by the Crown.
Does diversion result in a criminal record?
No. Successful completion of a diversion program results in withdrawal or stay of the charge. No conviction is entered and no criminal record is created. However, the arrest and diversion referral may appear in police databases and could be considered if the person reoffends. Charges withdrawn via diversion can be distinguished from acquittals.
Can diversion be used more than once?
Generally, diversion is intended for first-time offenders and is rarely granted more than once. Prior diversions may be considered by the Crown in deciding whether to offer it again. Some provincial programs explicitly prohibit re-referral for persons who have previously received diversion.