This program helps individuals with a mental illness, acquired brain injury, developmental challenge and/or concurrent disorder involved
with the criminal justice system. Assistance is given through a diversion process to access health or community services to prevent future encounters with the law. Support is received using a risk management approach. This program partners with the District of Kenora Courts in screening clients who elect to have matters
dealt with through the model of therapeutic jurisprudence.
How are Referrals made?
Referrals to the Mental Health Diversion/Court Support Program can be made by the police, defence lawyers, crown attorneys, probation officers, case managers, native court workers, correctional staff, developmental service workers, mental health counsellor, family members or anyone who knows an individual who may be eligible for diversion.
How is Eligibility determined?
The Mental Health Diversion/Court Support Worker will meet with the accused, family members and service providers to determine eligibility. The following criteria must be met:
- The accused’s involvement is voluntary;
- The possibility of mental illness or cognitive impairment is established;
- The offense is not too serious.
- Who is eligible for Mental Health Diversion?
Any individual who suffers from a mental disorder who has committed a CLASS ONE offence is a suitable candidate for diversion:
- Theft Under
- Joyriding
- Fraud Under
- Fraud Accommodation
- False Statement Under
- False Pretences
- Cause Disturbance
- Food Fraud
- Mischief Under
CLASS TWO offenses will also be considered for diversion. The more the offense resembles a Class One offense, the more likely the offense will be considered for diversion.
CLASS THREE offenses are too serious and cannot be considered:
- Murder
- Wife Assault
- Sexual Assault
- Robbery
- Drinking & Driving
- Aggravated Assault
- Criminal Negligence
The safety of the public is paramount and diversion will not be considered if it against the public interest.
What about Serious Offenses?
Those accused of a serious offense are not eligible for diversion. However, the Mental Health Diversion/Court Support Worker will be available to provide support.
**Funded by Ontario Health
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