The Direct Accountability Program (DAP) in Ottawa allows eligible individuals facing minor charges to complete tasks, such as paying restitution or making a charitable donation, to have their charges withdrawn completely. There are no mandatory court fees to enter the program, and successfully completing it means avoiding a permanent criminal record.
A minor mistake or a lapse in judgment should not necessarily ruin your future prospects with a permanent criminal record. In Ontario, the justice system recognizes that certain low-risk, first-time offenders can be held accountable without enduring the heavy burden of a formal trial and conviction. 🌼 This is achieved through diversion initiatives, commonly known in Ottawa as the Direct Accountability Program (DAP). If you are eligible, DAP offers a vital second chance: in exchange for taking responsibility and making amends to the community, the Crown Attorney agrees to withdraw the criminal charges against you. In this guide, we will explore the specific requirements, the steps involved, and how you can access this program at the Ottawa Courthouse.
Step-by-Step Process for DAP in Ottawa
Participating in the Direct Accountability Program is a privilege, not an automatic right. The process involves coordination between your defence lawyer, the Crown Attorney, and community organizations like the John Howard Society of Ottawa.
Step 1: Crown Screening and Eligibility
You cannot simply sign up for DAP. The Crown Attorney must first review the police disclosure and decide if your charge is eligible. Usually, only minor summary conviction offences like shoplifting (Theft Under $5000), minor mischief, or causing a disturbance qualify. You must generally be a first-time offender, and the incident must not involve serious violence, domestic abuse, or weapons.
Step 2: Acknowledging Responsibility
If the Crown offers DAP, you must be willing to acknowledge responsibility for your actions that led to the charge. It is critical to understand that this is not the same as pleading guilty in a courtroom. You are simply accepting responsibility to enter the program, which is a requirement for community diversion.
Step 3: Meeting with a Community Justice Worker
Once referred, your matter is temporarily paused, and you will meet with a Community Justice Worker at the Ottawa Courthouse. They will assess your situation and assign appropriate “sanctions” or tasks. 📝 Depending on the nature of the offence, this could involve writing a formal letter of apology to the victim, completing a set number of community service hours, attending an anger management or substance abuse workshop, or making a charitable donation.
Step 4: Completing Tasks and Having Charges Withdrawn
You are typically given a few weeks or months to complete your assigned tasks. Once you provide proof of completion to the Community Justice Worker, you will return to court. Because you fulfilled your end of the agreement, the Crown Attorney will officially withdraw the charges against you, meaning you walk away without a criminal conviction.
How Much Does it Cost in Ottawa?
Entering the Direct Accountability Program itself does not require you to pay any mandatory government processing fees. However, there are potential financial components associated with the sanctions and your legal representation: 💲
- Charitable Donations: A common DAP sanction is making a donation to a registered local charity. This amount is negotiated based on your means, but typically ranges from $50 to $250 CAD.
- Restitution: If you caused property damage or stole an item that was not recovered, you may be required to pay the victim back. This out-of-pocket cost is exactly equal to the value of the damage.
- Lawyer Fees: While you can navigate DAP with Duty Counsel, many people hire a private criminal defence lawyer to negotiate entry into the program. A lawyer usually charges a block fee ranging from $1,500 to $3,000 CAD to review disclosure, advocate with the Crown, and secure your diversion offer.
| Potential Cost Factor | Is it Mandatory? | Estimated Cost (CAD) |
|---|---|---|
| Court Entry Fee | No | $0 |
| Charitable Donation Sanction | Depends on agreement | $50 – $250 |
| Restitution to Victim | If property was damaged | Varies |
| Private Lawyer Negotiation | No, but recommended | $1,500 – $3,000 |
How Long Does the Process Take?
The timeline for completing the Direct Accountability Program is generally quite fast, which is one of its main benefits compared to a trial. From the time the Crown offers diversion, you are typically given 1 to 3 months to complete your assigned tasks (such as your community service or workshops). ⏱ Once completed, your final court date is scheduled quickly to formally withdraw the charge.
Frequently Asked Questions (FAQ)
Do I get a criminal record if I complete DAP?
No. The primary benefit of the Direct Accountability Program is that upon successful completion, the Crown withdraws the charges. You will not receive a criminal conviction, and you will not have a criminal record registered with the RCMP.
Will the arrest still show up on a police background check?
Even though the charges are withdrawn, the initial record of your arrest and fingerprinting remains in the local police database. To clear this completely, your lawyer can help you apply for a “file destruction” with the Ottawa Police Service several months after your charges are withdrawn.
Can I do DAP for a domestic violence charge in Ottawa?
Standard DAP is generally not available for domestic assault charges. However, Ottawa has a specific program called the Partner Assault Response (PAR) program. It is a more intensive educational program, and successful completion may lead to a peace bond rather than a withdrawal.
What happens if I don’t finish my assigned tasks on time?
If you fail to complete your community service, donations, or workshops by the deadline, your case is simply sent back into the regular court system. You will lose the diversion offer, and the Crown Attorney will proceed with the prosecution of your charges.
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