Municipal Diversion Program
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If you have been charged with a municipal offence you may be able to resolve the matter outside of court.
Successfully completing the Municipal Diversion Program will result in charges being withdrawn. If you don't complete the terms of the program, we may have to proceed to prosecution.
Municipal Diversion is completely voluntary. There is no penalty for not participating. You may at any time drop the program and proceed with the prosecution. We do not use information provided during the program against you if the prosecution proceeds.
We encourage you to get independent legal advice about your charges.
| Why does the City offer a diversion program? |
| Prosecution puts strain on the Courts, City resources, and individuals. We also recognize that access to justice issues are prevalent in Canada, especially for smaller, municipal matters. Diversion helps avoid the stress, delays and challenges of the traditional court process.
Municipal Diversion helps everyone. Both the City and the individual benefit with an effective and efficient way to deal with bylaw violations. We also hope that participating in a program like this will reduce repeat offences.
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| Who is eligible? |
| Currently, Diversion is only available for municipal property offences. There must be enough evidence to support the charge, and it must not be of a large scale or serious nature. The Prosecutor considers the public interest and decides if Diversion is appropriate in each case.
To be eligible, the person charged must be willing to meaningfully take part in the compliance program. This means they must (1) acknowledge responsibility for their actions and (2) commit to working together with the City to come to a resolution.
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| What happens in Municipal Diversion? |
| Municipal Diversion programs are tailored to each individual case. We use a combination of measures depending on the circumstances and needs of the parties. The three pillars are:
1. Education. We inform participants about the City’s by-laws and legislation. We answer any questions they have and explain why there are charges laid. Reviewing the City’s requirements and reasons for rules helps promote better understanding. This knowledge can empower the individual to achieve compliance objectives.
2. Relationship Building. Municipal Diversion aims to build relationships between the City and the individual. It recognizes that such relationships are key to compliance and deterrence. We engage in meaningful dialogue. This helps build trust, repair any communication breakdowns, and emphasize mutual respect.
3. Public Interest. Like prosecutions, every step of the diversion process is guided by the public interest. This means we take into account not only the individual's circumstances, but also those of affected third parties and the broader community. Both the City and the individual must work together to achieve the objectives of the law in a fair manner.
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| How do I participate? |
| Fill out the Municipal Diversion Application Form. The Prosecutor will review the matter to see if your case is eligible. If it is, the Prosecutor will work with Inspection Services staff to determine the terms of the program. The Prosecutor will contact you to discuss the terms. If everyone agrees, the individual and Prosecutor sign a Municipal Diversion Agreement. We notify the Court. Judicial oversight will be provided as appropriate. We withdraw the charges upon successful completion of the program. |
| What happens if we can't agree to terms, or I want to stop the program after it starts? |
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We will go ahead with the usual prosecution process. Information provided by the individual during the program will not be used against them should the prosecution proceed. There is no penalty for not participating in Municipal Diversion, or failing to complete a compliance program. |
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