The Direct Accountability Program (DAP) is an alternative to prosecution in Mississauga for minor, first-time criminal offences. To qualify, you must accept responsibility for your actions, complete assigned sanctions (like community service), and upon successful completion, your criminal charges are entirely withdrawn.
Making a single mistake, such as shoplifting at Square One or causing minor property damage in Mississauga, should not necessarily ruin your future with a permanent criminal record. Recognizing this, the Ontario justice system offers a specialized diversion initiative known as the Direct Accountability Program (DAP).
This program is designed for adults (18 and older) facing minor criminal charges. Instead of going through a costly and stressful trial for a minor summary conviction, DAP holds individuals accountable outside of the traditional courtroom. In the Peel Region, this program is typically facilitated by the John Howard Society in collaboration with the Crown Attorney’s office at the Brampton Courthouse. 🏭
Successfully completing this program results in your charges being completely withdrawn, meaning you will not be found guilty and will not receive a criminal record. However, admission is not automatic; there are strict requirements you must meet to be considered eligible.
Step-by-Step Process for DAP in Mississauga
Navigating the Direct Accountability Program requires specific legal steps. Often, it takes a skilled criminal defence law firm to advocate on your behalf and convince the Crown Attorney that you are a suitable candidate for diversion. 📍
Step 1: Crown Attorney Screening
Not everyone is eligible for DAP. On your first or second court appearance, the Crown Attorney will review the police synopsis of your offence. They generally only offer the program for non-violent, minor offences (like minor theft, mischief under $5,000, or causing a disturbance) committed by individuals with no prior criminal convictions.
Step 2: Accepting Responsibility
To enter the program, you must be willing to accept responsibility for the actions that led to the charge. It is incredibly important to note that this is not a guilty plea. You are simply acknowledging the event occurred, which shows the court you are accountable for your behaviour. 🗣
Step 3: Meeting the Community Justice Worker
Once referred by the Crown, you will meet with a Community Justice Worker (often from the John Howard Society of Peel Region). They will assess your background, discuss the incident, and determine the appropriate “sanction” or task you must complete to make amends to the community.
Step 4: Completing the Sanction
You will be given a deadline to complete your assigned tasks. Common sanctions include completing a set number of community service hours, writing a formal letter of apology to the victim, attending an educational workshop (like an anger management or anti-theft class), or making a charitable donation. 📝
Step 5: Return to Court for Charge Withdrawal
Once you provide proof to the Community Justice Worker that you have finished your tasks, they will notify the Crown Attorney. On your next scheduled court date at the Brampton Courthouse, the Crown will officially withdraw the charges against you, concluding the matter entirely.
How Much Does it Cost in Ontario?
The financial impact of participating in the Direct Accountability Program is generally much lower than taking a case to a full criminal trial, but there are still potential costs involved.
| Potential Expense | Estimated Cost in CAD | Details |
|---|---|---|
| Program Entry Fee | $0 | There is no fee charged by the court or the John Howard Society to enter DAP. |
| Charitable Donation (Sanction) | $100 – $500+ | If assigned as your sanction, you may need to donate to a registered local charity. |
| Restitution to Victim | Varies (Amount of damage) | You must pay back the cost of stolen goods or property damage. |
| Lawyer Fees (Negotiation) | $1,500 – $3,500 | Having a law firm review disclosure and negotiate DAP eligibility with the Crown. |
How Long Does the Process Take?
The Direct Accountability Program is designed to be a swift resolution compared to the heavily backlogged trial courts. Resolving your matter through diversion allows you to move on with your life much faster.
Generally, once you are accepted into the program, you are given 1 to 3 months to complete your required sanctions. The entire process, from your first court appearance to the day the charges are formally withdrawn, typically takes about 3 to 6 months in total. 📅
Frequently Asked Questions (FAQ)
Does completing DAP mean I have a criminal record?
No. Because your charges are withdrawn by the Crown upon completion, you are not convicted, and you do not receive a criminal record. It is the best possible outcome short of the Crown dropping the charges unconditionally.
Will the arrest still show up on a background check?
The record of your arrest and the withdrawn charge may temporarily appear on a Vulnerable Sector Check. However, after the charges are withdrawn, your lawyer can assist you in applying to the Peel Regional Police to have your fingerprints, photographs, and arrest records destroyed.
What happens if I fail to complete my assigned tasks?
If you miss the deadline, refuse to complete the tasks, or get arrested for a new offence while in the program, you will be removed from DAP. Your case will be sent back into the regular court system, and you will face standard prosecution.
Can I do the Direct Accountability Program for a DUI?
Generally, no. Impaired driving (DUI), domestic assault, and serious indictable offences involving weapons or major violence strictly do not qualify for the Direct Accountability Program under Ontario’s Crown guidelines.
Do I still need a lawyer if I want to enter the program?
While not mandatory, having a local criminal defence lawyer is highly recommended. The Crown may initially refuse you entry, but a lawyer can advocate for you, highlight your good character, and negotiate your acceptance into the program.
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