Cecily Zamora
Diversion programs in Canada are an alternative form of justice that aims to divert offenders away from the traditional criminal justice system. They are based on the principle of restorative justice, which focuses on repairing the harm caused by crime and rebuilding relationships between the offender, victim, and community. These programs are designed to address the root causes of criminal behavior and provide support and rehabilitation instead of punishment. They are offered to individuals charged with minor criminal offenses, including first-time offenders and those charged with non-violent offenses, and typically involve community service or counseling.
| Characteristics | Values |
|---|---|
| Purpose | To divert offenders away from the traditional criminal justice system |
| Target Offenders | Individuals charged with a minor criminal offence |
| Target Offences | Sexual offence against a minor, firearm offence, drug offence, theft, public intoxication |
| Requirements | Completing specific conditions or requirements set out by the program |
| Requirements Examples | Community service, counselling |
| Benefits | Addressing underlying factors, providing support for rehabilitation, promoting healing within communities, reducing recidivism rates |
| Basis | Restorative justice |
| Focus | Repairing the harm caused by crime, rebuilding relationships between the offender, victim, and community |
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What You'll Learn
Diversion programs are an alternative to traditional prosecution
Diversion programs are typically offered to individuals charged with minor criminal offences, including first-time offenders with no prior criminal record and those charged with non-violent crimes. Eligibility requirements vary depending on the specific program and the circumstances of each case, and even if an individual meets the criteria, acceptance into a diversion program is not guaranteed. In general, participants in these programs are required to take responsibility for their actions, make amends for any harm caused, and address any underlying issues.
The specific requirements of a diversion program vary depending on the nature of the offence and the needs of the individual. For example, an individual may be required to complete community service, participate in counselling, or make restitution to the victim. In some cases, charges may be withdrawn or stayed if an individual successfully completes a diversion program.
Diversion programs offer several benefits, including reducing recidivism rates, promoting healing within communities, and providing a more effective and restorative approach to justice. They also promote accountability, as individuals are still held responsible for their actions, but through means other than a trial. This approach can be particularly beneficial in certain cases, such as those involving Indigenous people, individuals with mental health issues, or minor offences.
Public opinion surveys in Canada have shown varying levels of support for diversion programs depending on the specific offence and demographic factors. For example, in a 2017 survey, when presented with a scenario involving a sexual offence against a minor, 53% of Canadians believed the accused could have been diverted out of the courts, with higher support among older individuals and those with higher household incomes. In another scenario involving the discharge of a firearm, 68% of Canadians supported diversion as the most appropriate response, with higher support among women and those with a university education.
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Eligibility for diversion programs
The prosecutor has the discretion to recommend diversion and must consent to the accused person being referred to the program. The defence counsel works with the accused to discuss options for diversion, and defence attorneys can liaise with the Crown and argue that the accused should be granted diversion.
In some cases, diversion may be offered to those accused of more serious offences if they are deemed to be low-risk offenders. However, this is less common, as stringent program eligibility criteria often limit diversion programs to low-risk offenders only.
The Alternative Measures Program, a unique approach detailed in the Criminal Code of Canada, is one example of a diversion program. This program shifts the focus from punishment to rehabilitation and reparation for certain offences. It is designed to minimize the long-term impacts associated with a criminal conviction and is applicable to both adults and youth under certain conditions. Eligibility for this program is determined on a case-by-case basis, with the accused typically being charged with a minor summary conviction offence that did not cause substantial harm to persons or property.
Overall, diversion programs in Canada offer a second chance to eligible individuals, helping them avoid court and focus on rehabilitation, reflecting the principles of fairness and reintegration upheld by the Canadian Charter of Rights and Freedoms.
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Diversion programs address root causes of criminal behaviour
Diversion is a term referring to "exit ramps" that move people away from the criminal legal system, offering an alternative to arrest, prosecution, and incarceration. Diversion programs address the root causes of criminal behaviour, such as alcohol and drug abuse, homelessness, job and food insecurity, and mental health challenges. These programs recognize that incarceration will not solve these underlying problems but instead, work to remedy them to improve community safety and health in the long term.
Research indicates that treatment through diversion programs can reduce substance abuse, criminal behaviour, and recidivism. For example, a recent study of Texas diversion programs found that defendants without a prior felony conviction who participated had a 75% reduction in future convictions over a 10-year period compared to similar defendants who did not receive diversion. Diversion programs can also save states money, as for every dollar invested in drug treatment, $12 is saved through the reduction of future crime and healthcare expenses.
There are two types of diversion: informal and formal. Informal diversion occurs when a justice system official decides that a case would be better kept out of the justice system, such as when the offense is minor or the suspect is calm and deferential. In more formal situations, there is typically a program that the accused must complete as a condition of diversion, such as an anger management program for an act of domestic violence. If the offender successfully completes the program, the case will be dropped.
Jurisdictions across Canada and the United States are exploring diversion as a better path to safety and a way to reduce the number of people in jails and prisons. Diversion programs aim to minimize contact with the criminal legal system and keep people out of jail while addressing the root causes of community instability and criminal behaviour. This approach can help improve long-term community safety and reduce crime while also being cost-efficient.
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Diversion programs promote restorative justice
In Canada, diversion is a term used to describe an alternative approach to the traditional criminal justice system. Diversion programs promote restorative justice by focusing on understanding harm, meeting the needs of those affected, identifying root causes, and promoting healing and accountability. This is in contrast to the traditional criminal legal system, which focuses on identifying broken laws, those who broke them, and then punishing them.
Restorative justice diversion (RJD) programs are community-led and rely on the wisdom, knowledge, and expertise of community members to address the issues that impact them. RJD programs are designed to reduce the criminalization of Black, Indigenous, and people of color (BIPOC) communities, who are often disproportionately impacted by the criminal legal system. By diverting cases early on and minimizing interaction with the criminal justice system, RJD programs aim to reduce the likelihood of implicit bias and promote cultural competence.
Diversion programs engage and empower the community to address underlying needs with a sense of personal agency. They recognize that restoration, healing, service provision, and relationship-building are more effective when done in the community rather than in correctional facilities. Diversion programs have been found to substantially decrease future convictions and improve employment outcomes.
A restorative justice diversion process typically involves three stages: preparation, conference, and plan completion. During the preparation stage, participants, including the person harmed, responsible person, caregivers, supporters, and community members, meet with facilitators to discuss their needs and prepare for the restorative conference. The conference stage involves a facilitated dialogue, known as Restorative Community Conferencing (RCC), where all stakeholders come together to discuss the harm, its impacts, and agree on a plan for repairing the harm. In the plan completion stage, the responsible person takes action to complete the agreed-upon plan, supported by facilitators and community members.
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Diversion programs reduce Indigenous incarceration
Diversion programs are an alternative to the criminalisation and punitive punishment of Indigenous people, particularly children. These programs are culturally responsive and led by Indigenous communities. They are placed-based, holistic, life-course-focused, and healing and family-centred.
In Australia, New Zealand, and Canada, diversion programs are available for Indigenous women at all stages of the criminal justice system, from pre-contact with police to post-release services. However, there is a scarcity of these programs and reliable information on their effectiveness.
In a 2017 survey, Canadians were presented with scenarios depicting various offences and asked whether they would divert the case or prosecute the accused. For example, in one scenario, a 27-year-old with no criminal record, who lived at home, had completed college, and was employed, was convicted of sexual assault involving a minor. The incident occurred on a city bus after a night of drinking, and the accused pled guilty and apologised to the victim. In this scenario, 53% of Canadians believed the case could have been diverted to hold the person accountable outside of a trial.
Another scenario involved a 21-year-old with no criminal record, who had experienced physical and emotional abuse and had brain damage due to Fetal Alcohol Spectrum Disorder. They were convicted of recklessly discharging a firearm after shooting at a secluded farmhouse on a dare. 68% of Canadians believed diversion would be the most appropriate response in this case.
Overall, when presented with various offence scenarios, at least half of Canadians believed that the accused could have been diverted out of the courts and held accountable through alternative means. Diversion was seen as a way to reduce the number of Indigenous people in the criminal justice system, with 55% of Canadians selecting this as the best solution.
Diversion programs are a crucial step towards reducing Indigenous incarceration and ensuring that Indigenous people, especially children and women, receive the support and services they need within the justice system.
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Frequently asked questions
Diversion programs in Canada are an alternative form of justice that aims to divert offenders away from the traditional criminal justice system. It provides an opportunity for individuals charged with a minor criminal offense to avoid prosecution and conviction by completing specific conditions or requirements set out by the program.
Eligibility for diversion programs in Canada is determined on a case-by-case basis. Generally, individuals charged with a minor criminal offense may be eligible for a diversion program, including first-time offenders with no prior criminal record and those charged with non-violent offenses.
Diversion programs in Canada are based on the principle of restorative justice, focusing on repairing the harm caused by crime and rebuilding relationships between the offender, victim, and community. Offenders may be required to take responsibility for their actions, make amends, and address any underlying issues. Successful completion of the program's requirements may result in charges being stayed or withdrawn.
