Youth diversion in Canada is an important alternative to the traditional court process for young people charged with criminal offences. Rather than focusing on punishment, youth diversion programs aim to address the underlying causes of criminal behaviour and give young people the opportunity to take responsibility for their actions without receiving a permanent criminal record. For parents and youth involved in the justice system, understanding how diversion works can make a significant difference in navigating the process and ensuring the best possible outcome.
What is Youth Diversion?
Youth diversion is a process under the Youth Criminal Justice Act (YCJA) that allows young people, generally between the ages of 12 and 17, to avoid the formal court system by participating in community-based programs, counselling, or other rehabilitative measures. Instead of prosecuting the youth, police officers or Crown prosecutors may refer the case to a diversion program. If the youth completes the program successfully, the charges are often withdrawn or stayed, meaning they do not result in a criminal record.
The Goals of Youth Diversion
Diversion programs are rooted in the YCJA’s principles of rehabilitation, accountability, and reintegration. The goals include:
- Holding youth accountable for their actions in a constructive, non-punitive way.
- Reducing repeat offences by addressing risk factors such as substance use, peer pressure, or mental health challenges.
- Protecting the youth’s future by preventing the long-term impact of a criminal record.
- Providing community-based solutions that involve victims, families, and organizations in the rehabilitation process.
How Youth Diversion Programs Work
Diversion can begin at several points in the justice system. Police may decide not to lay charges and instead refer a youth directly to a program. In other cases, charges may be laid but the Crown prosecutor agrees to suspend the case while the youth participates in diversion. The process usually involves an intake assessment, a set of requirements tailored to the offence and the individual, and supervision until the program is complete.
Common diversion measures include:
- Writing an apology letter to a victim
- Performing community service hours
- Attending counselling sessions or therapy
- Participating in educational workshops, such as anger management or substance abuse programs
- Engaging in restorative justice practices, such as victim-offender mediation
Who Qualifies for Youth Diversion?
Not every young person charged with a crime will qualify for diversion. Eligibility typically depends on the nature of the offence, the youth’s criminal history, and the circumstances surrounding the incident. Diversion is most often offered for minor or non-violent offences, such as theft under $5,000, mischief, or simple drug possession. Youth with previous records or who have committed serious crimes, such as violent offences, may be excluded. Ultimately, the decision rests with the police, Crown prosecutor, or the court, depending on the stage of the proceedings.
Benefits of Youth Diversion
The advantages of youth diversion are substantial:
- Avoiding a criminal record: Successful completion usually results in charges being dropped.
- Faster resolution: Diversion programs move more quickly than the formal court system.
- Tailored rehabilitation: Programs are designed to address specific issues linked to the youth’s behaviour.
- Reduced stigma: Youth are not labelled as criminals, which helps preserve their educational and employment opportunities.
- Victim involvement: In restorative justice models, victims may receive closure and a sense of justice through apologies or restitution.
Consequences of Failing to Complete Diversion
If a youth fails to complete the conditions of their diversion program, the case typically returns to court, where the original charges proceed. This means the youth could face prosecution, conviction, and the possibility of a criminal record. It is therefore critical for youth and their families to take diversion obligations seriously and seek support where necessary to ensure compliance.
The Role of Parents in Youth Diversion
Parents play a vital role in ensuring that their child successfully completes diversion. This may involve attending counselling sessions with their child, providing transportation to appointments, or helping the youth stay organized and accountable. Parental support can make a significant difference in whether the program is completed successfully and whether the youth avoids further conflict with the law.
Why Legal Advice Matters
Even though diversion programs are intended to keep youth out of court, obtaining legal advice is still important. A defence lawyer can advocate for diversion when it is appropriate, explain the potential consequences of participation, and help negotiate conditions that are fair and manageable. Legal counsel can also provide support if issues arise during the program or if the youth risks being returned to court.
Schedule a Free Consultation with Lichtman Law
If your child has been charged with a criminal offence, youth diversion may provide a valuable opportunity to avoid the long-term consequences of a criminal record. Contact Lichtman Law today to schedule a free consultation with an experienced criminal defence lawyer who can explain your options and protect your child’s future.