Can your criminal charge be resolved through diversion in Toronto?

Possibly. Diversion lets some people complete agreed work, such as counselling, community service or a program, after which the Crown withdraws or stays the charge, so there is no conviction. In Ontario the Crown decides, under a provincial directive that rules out diversion for serious offences such as sexual assault, robbery, firearms offences and impaired driving.

Diversion is one of the most important early questions in many first charges. Here is how it works for a criminal charge in Ontario, including in Toronto. Most adult criminal cases in the city are heard at the Ontario Court of Justice at 10 Armoury Street, and the Crown prosecuting the case makes the diversion decision.

How does diversion work in Toronto, step by step?

According to the Ontario Court of Justice, your disclosure package includes a one-page Charge Screening Form, which may say whether you are eligible for "diversion" or "direct accountability". If you are, you usually meet a diversion court worker who helps you find a suitable program based on the Crown's offer. Taking part is your decision. If you agree, your case is put over to a later date so you can finish the work.

The work can include community service hours, addiction or mental health counselling, a letter of apology, a donation, or an educational or rehabilitative program, and a diversion court worker often monitors whether you complete it. When you finish, the Crown either withdraws the charge or stays it. A withdrawal means the charge is dropped. A stay means the Crown stops the case but has one year to bring it back; after that year, it cannot.

The Charge Screening Form arrives with disclosure, often around the first appearance. Our page on what happens at a first court appearance in Toronto explains those early dates. Our page on what disclosure contains explains where the form fits.

What does the Criminal Code require?

Since 2026, the Criminal Code has a dedicated part on "alternative measures and restorative justice processes" (Part XXII.2, sections 715.44 to 715.6). "Alternative measures" are measures other than court proceedings for a person 18 or older who is alleged to have committed an offence (s. 715.44). Police and prosecutors must now consider, where appropriate and safe for the public, a warning or, with the person's consent, a referral to a program or an alternative measure instead of going ahead in court (ss. 715.47 and 715.48). Failing to consider those options does not invalidate the charge.

Section 715.49 sets the conditions. The measure must be part of an authorized program, it must be appropriate given the person's needs and the interests of the victim and society, and there must be enough evidence to prosecute. The person must be advised of the right to a lawyer, consent fully and freely, and accept responsibility for the conduct behind the charge. Alternative measures cannot be used if the person denies involvement or wants the charge dealt with by the court (s. 715.5).

Two protections matter in practice. An admission or statement accepting responsibility, made as a condition of the alternative measure, cannot be used as evidence against you in any civil or criminal proceeding (s. 715.51). And if the charge is still before the court, the court must dismiss it once it is satisfied you fully complied, and may dismiss it after partial compliance if prosecuting would be unfair (s. 715.52(1)).

Who decides whether you are offered diversion?

The Crown. Ontario prosecutors follow directive D. 4 of the Crown Prosecution Manual, "Community Justice Programs for Adults" (effective November 14, 2017). It names the Direct Accountability Program, in place in most jurisdictions in Ontario, and an Indigenous Community Justice Program. Under the directive:

• the accused must be willing to take responsibility for the conduct behind the charge and make meaningful amends;
• a plan is created to address the underlying cause of the offence;
• prosecutors only consider diversion if there is a reasonable prospect of conviction; and
• prosecutors must not impose extra requirements as a precondition to offering it.

Where no formal program exists, prosecutors may also consider informal diversion, and a charitable donation above a set amount needs the approval of the Crown Attorney or a designate. Separate directives apply to young people and to adults with a mental illness.

Which offences are excluded?

What does the Crown weigh?

Directive D. 4 lists three groups of factors:

• Your background: age and health, any prior findings of guilt or past diversion, outstanding charges, your role in the offence, whether you were previously victimized, remorse and willingness to take part, any restitution already made, and whether you come from a disadvantaged group or identify as Indigenous.
• The offence: whether it is summary or indictable, whether it involved violence, a weapon, real harm to a victim, a breach of trust, or a breach of a court order, the victim's age, and the victim's views where available.
• The justice system: public confidence, the length and expense of a trial compared with the seriousness of the offence, the likely sentence, whether a fitting sanction is available, including culturally relevant programs, weaknesses in the prosecution, and whether prosecution would be unduly harsh.

A lawyer can put information in front of the Crown that bears on these factors, such as steps you have already taken. Our page on theft charges describes how diversion often comes up in lower-value theft cases.

What about intimate partner charges?

These follow a stricter path. They are presumptively ineligible for diversion, and the intimate partner violence directive (D. 23) says that it will usually be in the public interest to proceed with these prosecutions and that the Crown must not withdraw charges solely because the complainant asks. The directive allows the Crown to recommend counselling through an early intervention program only where the accused pleads guilty or agrees to a peace bond, has no convictions for violence, caused no serious injury, used no weapon, and the victim is consulted. That is a different route from diversion, and it can leave a finding of guilt. See our page on domestic violence charges.

What does diversion leave on your record?

A charge that is withdrawn or stayed is not a conviction. Under Ontario's Police Record Checks Reform Act, 2015, it is not disclosed on a criminal record check or a criminal record and judicial matters check, and it can appear on a vulnerable sector check only under a narrow exceptional-disclosure test. Read whether a withdrawn charge shows up on a police record check for the detail.

The new Criminal Code part adds its own record rules for warnings and referrals. Police and government agencies may keep records of them (ss. 715.57 to 715.59). Evidence that you received a warning or referral cannot be used to prove prior offending in later proceedings (s. 715.6(5)), and a record cannot be put into evidence more than two years after the alternative measure ended, except in a pre-sentence report (s. 715.6(6)). A pre-sentence report can include the history of any alternative measure used with an offender (s. 721(3)(c)), so past diversion can come up if there is ever a later conviction. To compare diversion with a peace bond or a discharge, see what each criminal case outcome means in Ontario.

What changes the answer?

• The charge. Ineligible offences cannot be diverted at all, and presumptively ineligible ones only in exceptional cases (directive D. 4).
• Whether you accept responsibility. Denying involvement rules alternative measures out (s. 715.5(a)).
• The strength of the evidence. There must be enough evidence to prosecute (s. 715.49(f)), and the Crown only considers diversion where there is a reasonable prospect of conviction.
• Your history. Prior findings of guilt and past diversion are factors the Crown weighs.
• The victim. The victim's views and the harm caused are on the Crown's list, and the Code requires attention to the victim's interests (s. 715.49(b)).
• Your circumstances. The Code says measures take into account personal circumstances, with particular attention to the needs of Aboriginal persons and Black persons (s. 715.46(d)).

For example: a first charge and a diversion offer

This is a hypothetical, not a real client or a result. Suppose a man in his forties who lives in North York is charged with mischief after damaging a car during an argument in a parking lot. It is his first charge. He is a permanent resident, and he is more comfortable in Farsi than in English.

His Charge Screening Form says he is approved for direct accountability. His lawyer explains, in Farsi, what that means: he must accept responsibility, his statement accepting responsibility cannot later be used against him in court, and he can refuse and take the case to trial instead. He agrees. With the diversion court worker, he arranges community service hours and a letter of apology, and his case is put over while he finishes. When the work is done, the Crown withdraws the charge.

Because the charge ended without a conviction, the serious criminality test for permanent residents, which turns on a conviction (IRPA s. 36(1)(a)), does not apply to it. His lawyer still suggests he keep every paper from the case and check timing with an immigration lawyer before any citizenship application.

What mistakes do people make?

1. Saying "I didn't do it" while seeking diversion. Alternative measures cannot be used for someone who denies involvement (s. 715.5(a)). That is a choice to make with a lawyer, not on the spot.
2. Talking to the Crown alone. The court's guide warns that you must be cautious about what you say to the Crown without a lawyer or duty counsel present.
3. Not finishing the work. The Crown withdraws or stays the charge after the work is done; with only partial compliance, a court may dismiss the charge only if prosecuting would be unfair (s. 715.52(1)(b)).
4. Assuming a stay is the end on day one. After a Crown stay, the Crown has one year to bring the charge back.
5. Missing a court date while the case is put over. Failing to attend court as required is its own offence (Criminal Code s. 145), and outstanding charges are one of the factors the Crown weighs.

What can you do this week?

1. Find your Charge Screening Form in your disclosure, or ask your lawyer for it.
2. Check the offence against the directive's lists of ineligible and presumptively ineligible offences.
3. Write down anything that bears on the Crown's factors: no prior record, counselling you have started, restitution you could make.
4. Keep every bail condition while you wait.
5. If you are not a citizen, tell your lawyer your status before you accept any offer.
6. If you need to go through the papers in Farsi, read our guide for Persian-speaking people charged in the GTA.

Frequently asked questions

Do I have to plead guilty to get diversion?

No. Diversion is a resolution other than a guilty plea. You must accept responsibility for the conduct behind the charge (s. 715.49(e)), but that statement cannot be used as evidence against you in civil or criminal proceedings (s. 715.51).

Can I get diversion a second time?

Directive D. 4 does not forbid it, but past involvement with community justice programs is one of the factors the Crown must consider.

Is diversion possible for a domestic assault charge?

Only in exceptional cases. Intimate partner violence offences are presumptively ineligible and need the prior approval of the Crown Attorney or a designate.

Can I ask the Crown for diversion if it is not offered?

Your lawyer can raise it and put relevant information before the Crown, but the decision is the Crown's. A request does not guarantee an offer.

Does diversion affect my immigration status?

A charge withdrawn or stayed after diversion is not a conviction. Our page on how a criminal charge can affect permanent resident status explains which outcomes carry immigration risk, and an immigration lawyer should confirm your position.

Will I need a record suspension afterwards?

No. A record suspension sets aside a conviction, and diversion does not produce one. See record suspension waiting periods if you have an older conviction.

Getting help

Gambriani Law PC can review your Charge Screening Form and disclosure, in English or Farsi, and explain whether diversion is realistic in your case. No lawyer can promise the Crown will offer it. You can reach the office at +1 647 970 3370, Monday to Friday, 9:00 a.m. to 5:00 p.m.

This page is general information about Ontario prosecution policy, not legal advice about your case.