IRJC Diversion Protocol Agreement

Diversion Protocol Agreement (DPA)

A Diversion Protocol Agreement between Tungasuvvingat Inuit, IRJC and Ottawa Crown Attorney’s Office was signed off on April 28, 2021. Other Diversion Protocol Agreements with OPS and other justice agencies will be explored at a later date.

Diversion means a restorative justice process in which an accused is diverted out of the court system and into a formalized alternative program that focuses on addressing the harm caused by crime while holding the accused accountable for their actions.

This process provides an opportunity for the accused, the victim, their supporter(s), and Justice Committee members, including Elders to discuss and address the impact of crime, in a culturally relevant way. The diversion client must accept responsibility for his or her wrongdoing in order to participate in this process.

Types of offences diverted:

• •  All Summary Conviction Offences.
• •  Hybrid Offences in circumstances where the Crown elects, or would normally elect, to proceed summarily, subject to the provisions of section 7.
• •  Break-and-enter offences, except in cases where an offence is listed in.
• •  Section 7 was committed in the course of the Break-and-enter offence.
• •  Other offences in exceptional cases on the recommendation of the Crown with written consent.

Types of offences not diverted, except in accordance with Crown Policies:

• •  Sexual assaults;
• •  Spousal abuse;
• •  Child abuse matters; and
• •  Other offences which Crown policies restrict for Diversion.
• •  Charges that hold Mandatory Minimum Sentences.
• •  The participants of the Diversion process will decide on the duration of the Diversion agreement but will not exceed 90 days from the period of acceptance of the program except for exceptional circumstances.