Appendix G: Crown Practice Memo on Diversion

AuthorRichard D. Schneider
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
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
5. Factors to Consider

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