Most people facing a first criminal charge in Ontario want to know one thing before anything else: can this end without a criminal record? Often it can. The three outcomes that make that possible are diversion, a peace bond and a discharge. They are not the same thing, they are not available on every charge, and the order in which they come up matters.
The short version
| Diversion | Peace bond | Discharge | |
|---|---|---|---|
| Do you plead guilty? | No | No | Yes, or are found guilty at trial |
| Is it a conviction? | No | No | No |
| What happens to the charge? | Withdrawn | Withdrawn | Finding of guilt, then discharged |
| What you do | Upfront work: community service, a donation, restitution or counselling | Agree to conditions for a set period, usually 12 months | Nothing more (absolute), or complete probation (conditional) |
| How long it shows | The charge is withdrawn; no conviction is recorded | On file while it is in force | RCMP record for 1 year (absolute) or 3 years (conditional) |
Diversion
Diversion takes a charge out of the court process in exchange for doing something useful first. In Ontario the main program is the Direct Accountability Program. You complete an agreed activity, such as community service hours, a charitable donation, restitution to the person who lost out, or a counselling or education program, and once it is done the Crown withdraws the charge.
There is no guilty plea. You do usually have to accept responsibility for what happened as part of the program, which is different from admitting guilt in court.
Diversion is most common on lower-level charges with a first-time accused, like theft under $5,000 and mischief. Whether it is offered is the Crown's decision, and practice differs from courthouse to courthouse. In Peel, for example, the Crown generally wants to see the work already underway before it will talk about resolution, so we encourage clients to start early, during the months before disclosure arrives.
Peace bond
A peace bond is a promise to the court to keep the peace and be of good behaviour, usually for 12 months, often with conditions such as no contact with a particular person. In exchange, the Crown withdraws the criminal charge.
There are two kinds. A section 810 peace bond under the Criminal Code is used where someone fears for their safety or property. A common law peace bond comes from the court's older, general power to bind someone to keep the peace. In practice both do the same job when it comes to resolving a charge: no guilty plea, no conviction.
The catch is that a peace bond is a court order. While it is in force it is on file, and breaking a condition is a new criminal charge.
Peace bonds are a common way to resolve assault, uttering threats and criminal harassment charges, very often after the accused has completed anger management counselling. In cases involving a partner, the counselling is often the Partner Assault Response (PAR) program. On mischief charges, a withdrawal is often available once restitution is paid, depending on the damage, sometimes with a common law peace bond.
Discharge
A discharge is the next step up when a withdrawal is not available. You plead guilty, or are found guilty at trial, but the court does not enter a conviction. There are two kinds:
- Absolute discharge. No conditions. It stays on the RCMP record for one year, then is removed.
- Conditional discharge. You are placed on probation with conditions, such as reporting, counselling or community service. It stays on the RCMP record for three years from the date of the discharge, then is removed.
A court can grant a discharge when it is in your best interests and not contrary to the public interest. It is available on all of the charges covered on this site, and it is usually where the conversation goes if a withdrawal or a reduced charge is off the table.
Reduced to a provincial offence: the driving charges
Criminal Code driving charges have a fourth route. A dangerous driving charge is often resolved as careless driving, and driving while prohibited as drive suspended. Both are Highway Traffic Act offences, so there is no criminal conviction. The provincial penalties still apply, including demerit points on careless driving and the insurance consequences, but for most people that is a far better outcome than a criminal record. Our careless, stunt and dangerous driving comparison sets the penalties side by side.
The order things usually go in
On a first charge, resolution discussions with the Crown tend to work down this list:
- A withdrawal, through diversion, a peace bond, or upfront work such as counselling or restitution.
- A reduced charge, such as careless driving in place of dangerous driving.
- A discharge, absolute or conditional.
- A conviction, which is what everything above is designed to avoid.
Which of these is realistic depends on the charge, the facts, your record and the Crown's office. That is something we can only judge properly once we have read the disclosure.
Travel and background checks
A withdrawn charge and a completed discharge are not convictions under Canadian law. That does not mean they disappear everywhere at once. Police services keep their own records of a charge, and you can ask the police service that charged you to destroy your fingerprints and photographs once the matter is over. U.S. border officers apply U.S. law, which does not always treat a discharge the way Canadian law does, so if you travel to the United States it is worth getting advice before you go.
Talk to us before your first appearance
The work that makes these outcomes possible, like counselling, restitution or a diversion activity, often has to start before the Crown will discuss resolution. That is why the best time to call is before your first court date, not after it. Call 1-866-647-6468 for a free consultation, or book online.