Understanding Pre-Trial Diversion in Canada

Pre-trial diversion is an alternative to prosecution for certain offenders in Canada, allowing them to avoid a criminal record by fulfilling specific requirements. This program is typically available to first-time or low-risk offenders charged with minor offences.

Eligibility for Pre-Trial Diversion

Eligibility for pre-trial diversion varies by province and the nature of the offence. Generally, individuals charged with non-violent, minor offences such as theft under $5,000, mischief, or possession of a controlled substance may be considered. The Crown prosecutor has discretion to offer diversion, often after considering factors like the accused’s criminal history and the circumstances of the offence.

How Pre-Trial Diversion Works

What is the purpose of diversion?

The main purpose of diversion is to provide an opportunity for rehabilitation and accountability without the long-term consequences of a criminal conviction. Diversion programs aim to address the underlying causes of offending behavior, such as substance abuse or mental health issues, and to reduce the burden on the court system.

If accepted into a diversion program, the accused must complete certain conditions, which may include community service, restitution to victims, counseling, or educational programs. Upon successful completion, the charges are typically withdrawn or stayed, and the individual avoids a criminal record.

Length of Pre-Trial Diversion Programs

How long does pre-trial diversion last?

The length of pre-trial diversion programs can vary depending on the jurisdiction and the specific requirements imposed. Most programs last from a few months up to a year. The exact duration is determined by the nature of the offence, the needs of the accused, and the conditions set by the Crown or diversion coordinator.

Impact on Criminal Record and Background Checks

Does diversion show up on a background check in Canada?

Generally, if an individual successfully completes a diversion program and the charges are withdrawn or stayed, there will be no conviction on their criminal record. However, records of the original charge and participation in diversion may still exist in police databases. Whether this information appears on a background check depends on the type of check conducted and the policies of the police service. For most standard criminal record checks, diversion participation will not appear, but it may be disclosed in more detailed police information checks or vulnerable sector checks.

Conclusion

Pre-trial diversion offers a second chance for eligible individuals to avoid the stigma of a criminal record while addressing the root causes of their behavior. It is important to consult with a legal professional to understand the implications and process in your specific case.