Canadian Criminal Diversion Guide

Understanding Diversion Programs for Minor Criminal Charges while Taking Control of Your Case.
Criminal Diversion Programs in Canada.
The criminal diversion program helps individuals facing minor charges avoid a criminal record by focusing on rehabilitation instead of punishment. This guide explains how the program works, who qualifies, and how it can protect your record and future opportunities.

What are Diversion Programs?

Diversion programs are alternative to the traditional criminal justice process.

Diversion in the Canadian court system is an alternative process that allows individuals charged with minor offences to resolve their cases outside of traditional court proceedings thereby avoiding a criminal record.

It focuses on rehabilitation and accountability rather than punishment, often involving community service, counseling, or educational programs. Successfully completing a diversion program can result in the charges being withdrawn, offering a second chance without a criminal record.

Rehabilitation and Reintegration

Address the underlying causes of criminal behaviour and support offenders in becoming productive, law-abiding members of society without the stigma of a criminal record.

Efficiency in the Court System

Streamline the justice process by resolving minor offences outside of traditional court proceedings, saving time and resources.

Efficiency in the Court System

Encourage offenders to take responsibility for their actions through community service, restitution, or counseling, focusing on learning and growth rather than punitive measures.

Diversion programs in Canada’s criminal court system aim to provide a second chance for individuals charged with minor criminal offences.

By focusing on rehabilitation, accountability, and efficiency, these programs help criminal offenders before the courts address the root causes of their actions, avoid a criminal record, and reintegrate into society. Diversion is a practical and compassionate approach that benefits both individuals and the community.

Learn how diversion could make a difference – Read More.

Criminal Diversion Discussion with Crown Attorney

Are You Eligible for Diversion?

Diversion Programs: A Second Chance for Minor Offences

Diversion programs offer an alternative resolution for individuals charged with minor, non-violent offences, such as theft under $5,000 or mischief.

You’re a first-time offender or have a minimal criminal record.

This means you have little or no prior involvement with the criminal justice system, which could make you eligible for leniency.

You’re prepared to take responsibility & complete conditions like community service or counselling

Demonstrating a willingness to accept responsibility and comply with rehabilitative measures shows the court you are committed to improving your behavior.

The charge is non-violent, such as:

Non-violent charges are less severe in nature, often focusing on property or minor offenses rather than harm to others. Examples include:

  • Theft under $5,000.
    A charge involving the unauthorized taking of property valued below $5,000, often viewed as a less serious offense.
  • Mischief under $5,000.
    This covers acts like damaging or interfering with someone else’s property where the financial impact is less than $5,000.
  • Simple drug possession.
    Possessing small quantities of illegal substances for personal use, rather than for trafficking or distribution.
  • Minor assault.
    Involves physical contact or threats that are not severe or life-threatening, often without significant injury.

Not sure if you qualify? Your eligibility is determined by the specific details of your case and the Crown Attorney’s discretion. Diversion programs can be a valuable opportunity to avoid a criminal record while demonstrating accountability.

See if you qualify.

Diversion vs. Criminal Record

Criminal diversions stop the negative consequences of a criminal record by taking accountability for minor offences. When you complete a diversion program the criminal charge is withdrawn without a criminal record.

How Does Diversion Apply to Your Charge?

Diversion programs are commonly available for minor, non-violent offences, helping individuals avoid a criminal record by completing specific conditions. Learn how diversion applies to your specific charge:

Theft Under $5,000

This charge covers offences like shoplifting, stealing minor items, or committing petty theft where the total value of the property is less than $5,000. It commonly includes scenarios such as taking merchandise from a store without paying, failing to return borrowed property, or intentionally depriving someone of their belongings. While considered a less severe offence, it still carries legal consequences that can affect your record and future opportunities.

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Guide to Criminal Diversion in Canada: How to Avoid a Criminal Record

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Minor Assaults

Involves non-serious physical altercations causing little to no injury, often without weapons.

Mischief Under $5,000

Involves minor property damage, vandalism, or interfering with the lawful use of property under $5,000.

Simple Drug Possession

Possession of small amounts of controlled substances, varying by jurisdiction and specific circumstances.

Theft Under $5,000

Includes shoplifting, stealing minor items, or petty theft offences with a value less than $5,000.

Fraud Under $5,000

Small-scale fraud, such as using a stolen credit card for minor purchases.

Uttering Threats

Verbal or written threats that do not involve actual violence.

Guide to Criminal Diversion in Canada: How to Avoid a Criminal Record

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Charged with a minor offence? Learn how to navigate the diversion process, avoid a criminal record, and represent yourself in court with confidence—get our step-by-step guide today for just $19!
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