Legal Project Management Plan & Checklist
Resolve uttering threats charges through the Ontario Partner Assault Response (PAR) program diversion, avoiding a criminal record.
What is the PAR program and who qualifies?: The Partner Assault Response (PAR) program is a 12-week educational and therapeutic program operated through the Ontario Domestic Violence Court Program. First-time offenders charged with IPV-related uttering threats may qualify if they demonstrate no prior IPV convictions or discharges, the allegations are low-violence with no weapons involvement, and the accused shows genuine remorse and willingness to engage in counselling.
How does the Early Intervention Stream avoid a criminal record?: The Early Intervention Stream offers two pathways. Via a s. 810 Peace Bond, the accused enters the peace bond and charges are withdrawn by the Crown upon successful PAR completion - no finding of guilt, no criminal record. Via a guilty plea pathway, sentencing is suspended pending PAR completion, after which a conditional discharge under s. 730 is typically granted.
What happens if PAR is unsuccessful or the client is expelled?: If the client fails to complete the 12-week PAR program (non-attendance, program violations, or new charges during the program), the Crown rescinds the diversion offer. The matter reverts to the standard prosecution stream and the original charges proceed. Any admissions made during PAR intake may be subject to confidentiality protections but the fact of failure to complete is available to the Crown.
Jurisdiction: Ontario Domestic Violence Court Program, administered through participating Ontario Court of Justice locations. PAR program intake and referral are coordinated by the Crown Attorney's Office in conjunction with program facilitators.
The Process at a Glance: Defence counsel first assesses Crown eligibility guidelines for PAR diversion. If eligible, counsel negotiates the diversion terms with the Crown, either a s. 810 peace bond or a guilty plea with suspended sentencing. The client enrols in and completes the 12-week PAR program. Program staff maintain 'partner contact' with the complainant throughout. Upon successful completion, charges are withdrawn (peace bond stream) or a conditional discharge is granted (guilty plea stream). Counsel then conducts file closure.
Key Legislation and Case Law: Criminal Code s. 810 (Peace Bond). Criminal Code s. 730 (Conditional Discharge). Ontario Domestic Violence Court Program - PAR component. R. v. Fallofield (1973) 13 CCC (2d) 450 (BCCA) (discharge criteria).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Defence Representation: Uttering Threats s. 264.1 - PAR Program Diversion - Early Intervention Stream matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
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