Defence Representation: Uttering Threats s. 264.1 - PAR Program Diversion - Early Intervention Stream

How does the Early Intervention Stream avoid a conviction?: 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 Via a s. 810 Peace Bond, the accused enters the peace bond and charges are withdrawn by the Crown upon successful PAR completion - no finding of guilt and no conviction, although a record of the peace bond is added to the national police database (CPIC). Via a guilty plea pathway, sentencing is suspended pending PAR completion, after which the defence can seek a conditional discharge under s. 730. Directive D. 23 does not state the outcome on completion, so the Crown's position should be confirmed in writing.

What happens if PAR is unsuccessful or the client is expelled?: If the client fails to complete the 12 sessions of the 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 Court of Justice. 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-session PAR program. Program staff maintain 'partner contact' with the complainant throughout. Upon successful completion, the resolution agreed with the Crown is carried out: the charge is withdrawn (recognizance stream) or the defence seeks a discharge under s. 730 (guilty plea stream).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 Partner Assault Response Program. Ontario Crown Prosecution Manual, directive D. 23 (Intimate Partner Violence). R. v. Fallofield (1973) 13 CCC (2d) 450 (BCCA) (discharge criteria).

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