The Diversion Process

  • The Crown (post charge), the police (pre-charge) or self/community referrals are made to the program. The client must be in agreement to participate fully in the process and accept responsibility for their actions.
  • The client agrees to Diversion, the referral source will provide the charge synopsis and criminal record to the Restorative Justice Liaison (RJL).
  • RJL presents the matter to IRJC for their review and approval.
  • IRJC decides to accept or not accept the matter for our program, within 14 days of receipt of referral.
  • If accepted, two facilitators will be assigned to facilitate the conferencing sessions. Facilitators can be on the committee or from TI’s pool of trained facilitators.
  • RJL and Restorative Justice Caseworker (RJC) work together to support the intake process and explain the eligibility and process for the program to all participants including the person who was harmed (if appropriate or possible in the case).
  • RJL will provide a written letter(s) of acceptance of the matter to the referral source.
  • If a formally diverted case requires victim input (person who was harmed), the RJL may make a request to the Crown to have this involvement. For other cases, RJL may speak to the person who was harmed to be involved when appropriate and/or at the wish of the person harmed.
  • RJC supports throughout the process with direct client (all parties) support and specified aftercare to support the agreement (healing plan).
  • RJC supports clients and committee to plan meetings to determine the plan and come to an agreement (healing plan).
  • There can be as many or few meetings as needed to come to a plan.
  • RJL will provide progress reports to the referral source, client and facilitators to ensure all involved are aware of the timeframe of completion, success/struggles in the completion of the diversion process.
  • The Crown or other referral source will inform the RJL of the return dates of the diversion client so that there is adequate time to prepare a letter of progress.
  • RJL works in conjunction with the RJC to obtain updates.
  • RJC continues to support system navigation through the process.
  • Upon the successful completion of the established/agreed upon Healing Plan, the RJL will inform the referral source of the outcome and the charge(s) against the diversion client will be withdrawn if applicable.
  • The RJC supports the client through the process and supports implementing the plan. RJL supports RJC in this work. Most plans are expected to be started and/ or completed within 90 days of completion of the plan.
  • If the Committee believes a diversion client has failed to follow the agreement or is unable to complete their Healing Plan conditions, the RJL will notify the referral source as soon as possible, within two to four business days.
    • The charge(s) against the client will then be concluded in the Courts.
    • For sentencing purposes, the Court may be advised that Diversion was not completed if a client was unable to do so.
  • At the closing of the file, the client will receive a letter and certificate of completion of the program.

NOTE: Service Users can be supported outside of formal diversion within the RJ program as well. The process for this is similarbut may be without court contact and may be more informally reported to the self or community referral rather than the courts / police.

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    Ottawa, ON K1L 7H9