- Adult diversion, formally called alternative measures, is governed by Criminal Code section 717 and allows resolving certain less serious charges outside the traditional court process.
- Participation requires the person to fully and freely consent, after being advised of their right to counsel — it cannot be used if someone denies involvement or wants the matter dealt with by the court.
- Programs typically involve community service, counselling, or restitution in exchange for the Crown withdrawing the charge on successful completion.
- Young persons have a separate, parallel framework under the Youth Criminal Justice Act — extrajudicial measures and extrajudicial sanctions.
- Successful completion generally results in no conviction and no criminal record — but a non-conviction police record of the charge and its withdrawal can still exist and may surface on certain background checks, like a Vulnerable Sector Check.
- Whether diversion is offered is a Crown decision, based on the offence's severity, your history, and the public interest.
The Short Answer
Diversion — formally “alternative measures” for adults — is a way to resolve certain less serious charges outside the traditional court process, typically through a program involving community service, counselling, or restitution. Successful completion generally means no conviction, but not necessarily zero trace of the charge anywhere.
The Statutory Basis: Section 717
Section 717 of the Criminal Code permits alternative measures for a person alleged to have committed an offence, where: the measures are part of a program authorized by the Attorney General (or a designated person or class); the decision-maker is satisfied it's appropriate given the person's needs and the interests of society and any victim; the person is fully informed, freely consents, and has been advised of their right to counsel; and there's sufficient evidence to otherwise proceed with the charge.
How Alternative Measures Actually Works
Alternative measures cannot be used if the person denies involvement in the alleged offence, or wants the matter dealt with by the court instead. Participation requires genuine, informed consent. On successful completion of the program, the charge is dismissed or withdrawn. Any admission made as a condition of participating is generally inadmissible in later civil or criminal proceedings, which helps protect participants who engage honestly with the process.
A first-time offender charged with a minor property offence is offered diversion by the Crown, involving community service hours and a restorative justice session. They consent, complete the program successfully, and the charge is withdrawn — no conviction results, and no guilty plea was ever entered.
Who Qualifies for Diversion?
The Crown decides eligibility case-by-case, generally weighing the severity of the offence, your criminal history (if any), and the broader interests of society and any victim involved. It is generally more available for less serious, non-violent offences and first-time offenders, but this varies with the specific facts of each case.
The Youth Framework Is Different
Young persons are governed by a separate, parallel system under the Youth Criminal Justice Act (YCJA) — extrajudicial measures and, for matters where informal measures are inadequate, extrajudicial sanctions. This is a broader category than the adult framework, including police warnings, cautions, and referrals, in addition to more formal sanctions programs. It shares similar underlying goals but operates under its own distinct legislation.
What Happens to Your Record
Successful diversion means no guilty plea, no finding of guilt, and no criminal (conviction) record. However, a non-conviction record of the charge and its withdrawal typically remains with the local police service and in the national police database, and this can surface on certain background checks — most notably a Vulnerable Sector Check, often required for work or volunteering involving children or vulnerable people. You can generally apply to the relevant police service to have this record purged, but destruction of non-conviction records is discretionary, not automatic.
Why Diversion Can Be Worth Pursuing
- Avoids a conviction and the consequences that come with one
- Faster resolution than proceeding through the traditional court process
- Restorative elements — some programs address underlying issues directly, rather than simply imposing punishment
- Reduced stress and cost compared to a contested trial
Common Mistakes
A non-conviction police record can still exist and may appear on certain background checks, even after successful completion.
Diversion isn't available if you deny involvement or want the matter to go to court — know what you're actually agreeing to.
Failing to complete a diversion program on time or as required can send the matter back through the traditional court process.
This isn't automatic — if it matters to you, you generally need to apply to the relevant police service directly.
Wondering if diversion is available in your case? Call our Toronto team at 416-274-2222 for a free consultation.
Frequently Asked Questions
Diversion, formally called "alternative measures" for adults, is a process for resolving certain less serious charges outside the traditional court system — typically through a Crown-authorized program involving community service, counselling, or restitution, in exchange for the Crown withdrawing the charge upon successful completion.
No. Diversion specifically cannot be used if you deny involvement in the offence or want the matter dealt with by the court — it requires your full, free, and informed consent to participate, but it is not a guilty plea, and successful completion results in the charge being withdrawn, not a conviction.
The Crown makes this decision on a case-by-case basis, generally considering the severity of the offence, your criminal history (if any), and whether diversion serves the interests of both society and any victim involved.
No — successful completion of alternative measures does not result in a conviction or a criminal record. However, a non-conviction record of the charge and its withdrawal typically remains with the local police service and can appear on certain background checks, such as a Vulnerable Sector Check.
You can generally apply to the relevant police service to have the record purged, but destruction of non-conviction records is discretionary on the part of that police service, not automatic — there's no guarantee it will be removed simply because you ask.
No — young persons are governed by a separate framework under the Youth Criminal Justice Act, involving "extrajudicial measures" and, for more serious matters within that lower tier, "extrajudicial sanctions." It shares similar goals with adult alternative measures but operates under its own distinct legislation.
If you fail to complete the program successfully, the matter can typically proceed back through the traditional court process, as though diversion hadn't been offered.
Yes — eligibility and whether to pursue diversion depends heavily on the specific facts of your case, and a lawyer can help you understand whether it's realistically available and advisable in your situation.