Diversion
Diversion is defined as a pre-trial procedure where crown attorneys can, at their discretion, decide not to prosecute when the charge is a minor offense, and major illness is determined as the underlying cause. Instead, the accused is referred to appropriate mental health services in the community, professional treatment and support to reduce the chances of re-offending.
Who is the program for?
This service is for people who:
- Are 16 years or older
- Are charged with a minor offense that has an underlying cause of mental illness
- Have their case proceeding through the Ontario Court of Justice
- Demonstrate commitment to recommended treatment (ie: medication, psychosocial rehabilitation, etc.)
- Agree to participate in mental health diversion
- Do not pose a significant risk to the community
Referrals
Anyone may make a referral – the Crown Attorney, the accused, family, friends, police, defense counsel, community agencies, etc.
Please call the office to set up an intake interview.
Process
A provincial crown attorney must approve the individual service plan in order to proceed with diversion. The mental health court worker will meet with the diversion candidate to assess his or her suitability for diversion. The assessment will include the individual’s mental health status and current living situation, as well as the availability of appropriate supports and services.
The mental health court support worker will work with the candidate to develop an individual service plan. The plan will outline the treatments and services the individual will be expected to utilize. Once accepted into the diversion program, the crown attorney may elect to stay criminal charges.
Consultation and Education
- Support and information to the accused and the family
- Information on mental illness and community services to the criminal justice system
- Education on court processes and procedures to other service providers
- Referral to service providers for mental health support and appropriate assessment
The Canadian Mental Health Association of Leeds and Grenville (CMHA) is a non-profit organization dedicated to providing public education, advocacy and direct service programs to persons impacted on by a mental illness.