Diversion
Diversion is a Crown-administered program that resolves a criminal case without a conviction by requiring the accused to complete specified conditions — community service, counselling, restitution, donations to a charity, or an apology letter, among others. On completion, the Crown withdraws the charges. Diversion is most common for first-offender, low-end cases and can preserve a clean record.
Two main streams in Ontario
Ontario operates two main diversion streams. The Direct Accountability Program (DAP) is run by John Howard Society offices in many GTA courthouses, with the Crown referring eligible matters. The Indigenous Justice Program and similar specialized streams are available for accused with Indigenous heritage. Specialized mental health and drug treatment courts also offer diversion-like outcomes for accused with mental health or addiction issues.
Eligibility
Diversion eligibility is determined by the Crown attorney. Factors include: the seriousness of the offence (most violent and sexual offences are excluded); the strength of the Crown's case; the accused's record (typically must be first offender, or limited prior record); willingness of the accused to accept responsibility (without entering a guilty plea); and the views of any complainant. Common diversion-eligible offences include: minor theft, mischief, simple fraud, possession of marijuana (now largely decriminalized), some breach matters, and some less serious assaults.
How it works in practice
After Crown approval, the accused meets with a DAP officer to develop a plan. Conditions typically take 60 to 120 days to complete. The accused returns to court on a remand date with proof of completion. The Crown then withdraws the charges. The matter is closed without a conviction, criminal record, or finding of guilt.
Advantages — and one caution
Diversion is one of the cleanest possible outcomes in a criminal case: no conviction, no finding of guilt, no probation, and minimal lasting record. The one caution: an accused who participates in diversion typically makes some form of acknowledgment of responsibility to the DAP officer. That acknowledgment is not technically a finding of guilt, but it may be referenced in subsequent matters. Counsel should confirm what acknowledgment is required before proceeding.
Strategy
Diversion is an outcome the defence has to ask for and earn through Crown advocacy. Crown attorneys do not always offer it spontaneously. The lawyers at Mass Tsang LLP regularly press for diversion in eligible cases — and prepare the file (character background, mitigation, victim restitution where applicable) to make the strongest case for it.
Related glossary terms
