What is Indigenous Diversion?
Question & AnswerWhat is Indigenous Diversion?
3. Get your charges diverted
If the Crown agrees to Indigenous , ask your lawyer or about the process at your courthouse. Every courthouse has different rules about how Indigenous diversion works.
Finish your old diversion, if necessary
If you have new charges that can be diverted but you still have an old diversion to finish, ask duty counsel to help you postpone your new case to another date. This is called an . That will give you time to complete your old diversion.
You usually can’t divert new charges if you have not finished an old diversion. To figure out what you need to do, speak to the Indigenous court worker or other worker who helped you with your old diversion. For example, you might need to rebook a meeting with the facilitators of the diversion or finish the counselling, employment, or volunteering that you agreed to do.
Divert your new charges
In some courthouses, to divert your charges, you may need to have your case moved to Gladue Court if one exists at your local courthouse.
But, even if a court isn’t called a Gladue Court, all courts must follow Gladue principles. In these situations, your charges can be diverted in any court if you and the Crown both agree to diversion.
Courts may have different rules to complete diversion. In some cases, the Crown might ask the court to have your charges or as soon as you agree to complete your diversion. In other cases, the Crown might ask the court to have your charges stayed or withdrawn only when you show proof that you completed your diversion.
Once you get a stay, you’re free to go. If you were on , you will no longer have bail conditions to follow. There will not be any future court date on these charges, but you must complete the work assigned to you in the community.
Ask your lawyer or duty counsel about the process for Indigenous diversion at your courthouse.