Last year’s incident involving bylaw officer punching man forces Ottawa police to revise its diversion program

By Dani-Elle Dubé

Following the investigation involving a bylaw officer punching a man during a physical distancing scuffle in Michelle Heights Park last April, Ottawa police said the matter was referred to its pre-charged diversion program — and the city wants to know when and why the alternative program is used in such cases.

“Total numbers of pre-diversion cases were reduced last year due to the impact of the COVID 19 pandemic,” documents that will be presented to Monday’s Ottawa Police Board meeting detailed. “In 2020, the OPS has deferred 65 offenders, down from 126 in 2019. In 2019, the embedded Crown provided training to officers on the program, helping them to understand the benefits of the program.”

The pre-diversion goal — which is run by the Salvation Army in Ottawa — is to redirect those who have committed an offence away from the criminal court process and instead into permanently resolving first-time offences that fall within the criteria of the program.

“While the OPS has used pre-diversion over the years, it is something that needs to be fully examined and expanded upon to help us effectively resolve some criminal matters and re-divert people who qualify away from the criminal justice system,” it continued. “The OPS is not currently leveraging the use of the diversion program to its fullest.”

As a result, the OPH said it will improve the current diversion program in five ways:

  • Conducting a fully analysis, review and audit of the current and best practices provincially, nationally and internationally, as well as the incorporation of demographic information
  • Direct involvement of community stakeholders, particularly those from our local youth and BIPOC communities
  • Expanding the program such that all and 100% of cases which apply will be fully considered for pre/post diversion
  • Using a continuous improvement approach to the program to ensure optimal effectiveness, efficiency and equity
  • Aligning to the OPS Neighbourhood Policing strategy and the City of Ottawa’s Community Safety and Well-Being (CWSB) plan

As of now, cases that qualify for the pre-diversion program are thoroughly investigated by OPH before a determination is made with the Crown Attorney’s Office.

“To be considered, the individual must be an adult, must accept responsibility for the offence, must not have a previous criminal record or outstanding charges and be a first-time non-violent offender who has not been diverted in the past,” the document detailed. “The criminal offences involved can include, but are not limited to, minor assault, causing a disturbance and theft under $5,000.”

To be eligible, the individual must admit responsibility for the offence, agree to attend the diversion coordinator’s office for an assessment and follow any program set out by the diversion coordinator.

If the offender adheres to the requests of the program, no formal charges are laid.

The program is tailored to each offender. It can include a formal apology to the persons involved, as well as anger management classes and community service work.

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