1. Figure out if mental health diversion is right for you

To qualify for mental health diversion, you must first get bail. If you didn't get bail, you won't be able to get mental health diversion.

Things to think about

Mental health diversion doesn't mean you plead guilty, but it does mean:

• you take responsibility for your actions that led to criminal charges,
• you admit you have a mental health issue or issues,
• you're willing to address your mental health issues in the community, and
• you give up your right to a trial.

Types of charges that qualify

Mental health diversion is only for people charged with minor offences. These are crimes that don't involve serious violence or large amounts of money. Examples of minor crimes include:

• theft under $5,000
• mischief under $5,000
• having small amounts of drugs for personal use
• minor assaults
• not following court orders
• not showing up for court

You can't participate in mental health diversion for violent crimes, crimes that have children as victims, impaired driving offences, or other serious charges.

If you're not sure whether your charges qualify, ask the local duty counsel office or your lawyer if your charges qualify for mental health diversion.