NCJ Number
86304
Date Published
1979
Length
27 pages
Annotation
This essay identifies and discusses major issues associated with diversion in Canada, and possible approaches and recommendations are proposed for resolving each issue.
Abstract
The diversion issues identified are (1) the definition, purpose, and goals of diversion; (2) the intake problem; (3) the need for informed and voluntary consent; (4) the content of a diversion contract; (5) consequences upon default; (6) confidentiality and the keeping of records; (7) community responsibility and diversion; and (8) a stable funding policy. The format for the discussion of each issue consists of the statement of the issue, elaboration of the issue, and possible approaches and recommendations. In the area of a definition of diversion, the approaches and recommendations speak to the need for a definition that clearly distinguishes diversion from police screening and sentencing alternatives. Such a definition should also specify the purpose and philosophy of diversion in such a way that its unique features may be identified. Legal issues that must be resolved are (1) whether diversion is a usurpation of the rights of the Federal Parliament to decide what punishment should be imposed for a criminal act, (2) whether diversion constitutes the compounding of an indictable offense contrary to the criminal code, (3) whether diversion is an abuse of process reviewable by the courts, and (4) to what degree the discretionary power of the Crown and the police can be extended to cover diversion. The intake problem involves determining the criteria and procedure for selecting persons for diversion. The issue involved in the requirement for informed and voluntary consent in the acceptance of diversion is ensuring that the involved persons have the knowledge, confidence, and resources to assert their rights. The issue in the content of a diversion contract is to make sure that it does not parallel provisions of sentencing, notably probation.