The Calgary Mental Health Diversion program allows individuals facing minor criminal charges to complete mandatory mental health treatment instead of facing standard prosecution. Upon successful completion, the Crown prosecutor generally withdraws the charges, leaving you without a criminal record.
The justice system in Alberta increasingly recognizes that many minor crimes are committed by individuals struggling with untreated mental health issues, addiction, or cognitive challenges. Rather than purely punishing these individuals with jail time and a permanent criminal record, the Calgary Courts Centre offers a highly effective alternative: the Mental Health Diversion Program.
This program is a collaboration between the justice system and Alberta Health Services (AHS). 🤝 It shifts the focus from punishment to rehabilitation. By directly addressing the root cause of the offending behaviour-whether it is severe anxiety, trauma, or a manic episode-the program greatly reduces the likelihood of the person reoffending, making the Calgary community safer while saving the individual’s future.
Step-by-Step Process in Calgary
Getting accepted into the Mental Health Diversion program is not automatic. It requires coordination between your criminal defence lawyer, the Crown prosecutor, and provincial health professionals to ensure you are a suitable candidate.
Step 1: Assessing Eligibility
Your lawyer will first review your case to see if it meets the criteria. 🗂️ Generally, the program is reserved for less serious summary conviction offences, such as minor theft, shoplifting, causing a disturbance, or mischief. Furthermore, your lawyer must demonstrate to the Crown that there is a clear, direct link between your mental health struggles and the offence committed.
Step 2: The AHS Assessment and Care Plan
If the Crown agrees to consider diversion, you will be referred to an Alberta Health Services diversion worker in Calgary. They will conduct a comprehensive mental health assessment. If approved, they will build a customized, mandatory care plan tailored to your specific needs, which may include addiction counseling, psychiatric medication reviews, or trauma therapy.
Step 3: Completing the Treatment
You must rigorously follow every step of your AHS care plan. 📝 During this time, your court dates will be continuously adjourned (postponed) to give you time to heal. Once the diversion worker confirms to the court that you have successfully completed the program, the Crown prosecutor will formally withdraw the criminal charges against you.
How Much Does Diversion Cost in Calgary?
The financial barrier to accessing mental health support should not prevent someone from avoiding a criminal conviction. Fortunately, the costs associated with the program are relatively straightforward.
| The AHS Diversion Program | The mental health assessment and standard treatments provided through Alberta Health Services. | Free (Covered by provincial healthcare) |
| Private Therapy (Optional) | If you choose to use private psychologists in Calgary to meet the diversion requirements faster. | $150 – $250+ per hour |
| Lawyer Representation | The legal fee to negotiate with the Crown and secure your placement in the diversion program. | $1,500 – $3,500 CAD |
How Long Does the Diversion Process Take?
The program requires genuine dedication and cannot be rushed. ⌛ Generally, it takes between 3 to 6 months of active participation and treatment to satisfy the requirements of the Calgary Mental Health Diversion program. During this period, you must stay out of trouble and strictly follow your conditions.
Frequently Asked Questions (FAQ)
Do I have to plead guilty to enter the mental health diversion program?
No. One of the primary benefits of the diversion program in Alberta is that you generally do not need to enter a formal guilty plea. You simply accept responsibility for your actions and commit to the treatment plan.
What happens if I fail to complete the treatment plan?
If you abandon the program, skip mandatory counseling sessions, or get arrested for a new offence, you will be removed from diversion. Your original criminal charges will be reactivated, and you will face standard prosecution.
Are violent offences eligible for mental health diversion?
Usually, no. Serious violent offences, sexual assaults, and major drug trafficking charges are almost always excluded from diversion due to public safety concerns. However, very minor domestic disputes might be considered on a strict case-by-case basis.
Will this show up on a criminal record check for employment?
If you successfully complete the program and the charges are withdrawn, you will not have a criminal conviction. However, a record of the original arrest and withdrawn charges may temporarily appear on vulnerable sector police checks until a file destruction request is processed.
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