Appendix G: Crown Practice Memo on Diversion

• Author: Richard D. Schneider
• Pages: 680-690

680

Appendix G: Crown Practice Memo on Diversion

Ontario Ministry of the Attorney General

Criminal Law Division Ontario

720 Bay Street 720 rue Bay

Toronto, Ontario M5G 2K1 Toronto, Ontario M5G 2K1

Phone: (416)326-2615 Télé : (416)326-2615

Fax: (416)326-2063 Téléc : (416)326-2063

PRACTICE MEMORANDUM

To Counsel, Criminal Law Division

Date: March 31, 2006

Subject: Mentally Disordered/Developmentally Disabled Offenders: Diversion

Synop sis: Mentally disordered and developmentally disabled offenders offer a un ique

challenge to Crown counse l. These individuals may be f‌i t to stand trial a nd not exempt

from crimina l responsibility by law, yet mentally def‌i cient to a degree that compels con-

sideration of alter natives to formal adjudicat ion. Equally, it may be in the public interest

to stay charges in cases involvi ng the unf‌i t or a potentially not crim inally responsible

(NCR) offender. On the other hand, protect ion of the public, including the victi m, if any,

is the paramount consideration in this context.

This memorandum provides guidance to Crown counsel in respect of alternatives to

formal adjudication for these offenders. It sets out the offences that are elig ible for treat-

ment options and supervisory progra ms and suggests some methods of implementing

these alternatives to prosecut ion. Reference should also be made to policy and practice

memoranda on Charge Screening , Victims of Crime, Commun ity Justice and YCJA

Extrajudicial Sanctions. This memorandum replaces Diversion of Mentally Disordered

Accused DIV-1 and attachments.

Table Of Contents

1. Introduction

2. Protocols

3. Eligibility of Offences

a. Offences that ar e not eligible (Class III)

b. Offences that ar e presumptively eligi ble (Class I)

c. Other of fences (Class II)

4. Prerequisites to Implementing Treatment Plan Options / Supe rvisory Programs or Other Alternative

Measures

5. Factors to Consider