Diversion programs allow eligible accused persons to resolve criminal charges without entering a guilty plea. Completing diversion means the Crown withdraws the charge, leaving no criminal record.
Diversion, sometimes called an alternative measure or extrajudicial measure, is a program that resolves a criminal charge through community participation rather than prosecution. It is available for a limited category of offences and offenders in Ontario, and it represents one of the most important tools for protecting a first-time offender's record. If your lawyer identifies that you qualify, pursuing diversion is almost always worth exploring.
Who Is Eligible for Diversion
Eligibility for diversion in Ontario is determined by the Crown attorney on a case-by-case basis. The factors considered include the nature of the offence, the accused's criminal history, whether the accused accepts responsibility for the conduct, and whether diversion is consistent with the public interest. Generally, diversion is available for minor first offences such as simple drug possession, minor common assault, minor theft, and mischief where no significant harm was caused.
Diversion is far less likely to be offered where the accused has a prior record, where the offence involved significant harm to a victim, or where the accused denies any responsibility for the conduct. It is also unavailable for serious indictable offences. The Crown retains complete discretion.
What Diversion Programs Require
Diversion programs in Ontario typically involve some combination of community service hours, counselling (such as anger management, substance abuse treatment, or mental health support), a letter of apology to any victim, restitution for any financial loss, and a written essay or educational component. The specific requirements are set out in a diversion agreement between the accused and the Crown.
The program typically lasts between three and six months. Once all requirements are completed and confirmed, the Crown withdraws the charge. There is no guilty plea. There is no conviction. The accused can truthfully state on most background checks that they have no criminal record from the matter.
Diversion vs Peace Bond vs Discharge
Diversion is particularly valuable because it does not require any court finding of guilt at all. A peace bond involves no conviction but does require acknowledging that there are grounds to fear for someone's safety. A conditional discharge involves a finding of guilt without a conviction. Diversion, by contrast, resolves the matter entirely without entering the formal court process in most cases.
For eligible accused persons, the goal is often to access diversion before any finding is made. Your lawyer will identify whether you qualify, approach the Crown as early as possible, and present the mitigating information that makes the strongest case for diversion.
Youth Diversion Under the YCJA
Young persons under eighteen have access to a parallel and more robust diversion framework under the Youth Criminal Justice Act. Extrajudicial measures and extrajudicial sanctions allow young persons to resolve charges through community participation without any formal court involvement. The youth criminal justice page explains these protections in detail.
Whether you are seeking diversion for yourself or for your child, securing legal representation early in the process significantly improves the odds of a successful outcome. The guide to avoiding a criminal record explains the full range of record-protecting outcomes available in Ontario.
Sections 717 to 717.4 of the Criminal Code govern alternative measures programs for adult accused persons in Canada, including the eligibility criteria and procedural requirements.