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 Via a s. 810 Peace Bond, the accused enters the peace bond and charges are withdrawn by the Crown upon successful PAR completion - no finding of guilt, no criminal record.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 Upon successful completion, charges are withdrawn (peace bond stream) or a conditional discharge is granted (guilty plea stream).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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Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
The Ontario Domestic Violence Court Program operates under the authority of the Ministry of the Attorney General. PAR eligibility is determined by the Crown Attorney's Office, not the court. The Crown's discretion is guided by internal prosecution policies that prioritise public safety, the complainant's input, and the nature and severity of the allegations. Defence counsel should present a comprehensive written submission addressing each eligibility criterion.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Section 810 Peace Bond: A person who fears that another will cause personal injury to them may have the other person enter a recognizance to keep the peace. The peace bond is NOT a criminal conviction. It is a civil order. When used as a diversion mechanism, the Crown withdraws the criminal charges once the peace bond is entered.
Section 730 Conditional Discharge: Available when (a) no minimum punishment is prescribed, (b) the offence is not punishable by 14 years or more (s. 264.1(1)(a) maximum is 5 years, so it qualifies), (c) it is in the best interests of the accused, and (d) it is not contrary to the public interest.
R. v. Fallofield (1973) 13 CCC (2d) 450 (BCCA): The leading authority on discharge criteria. Factors include the nature and circumstances of the offence, the character and condition of the offender, and the need for specific and general deterrence.
For immigration purposes, under IRPA s. 36(3)(a), a conditional discharge is treated as a conviction for a deemed-indictable offence. The peace bond pathway entirely avoids this trap.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
The Crown's consent to diversion is not irrevocable. If new information emerges (prior undisclosed charges, new allegations, or program non-compliance), the Crown may rescind the diversion offer at any time before the charges are formally withdrawn. Defence counsel should obtain written confirmation of the Crown's consent and the specific diversion conditions to create an evidentiary record.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Even in the Coordinated Prosecution stream, the Ontario Court of Appeal in R. v. Innes 2014 ONCA 863 acknowledged that completed PAR certificates, voluntary counselling, and demonstrated rehabilitation are strong mitigating factors. Counsel should present all evidence of the client's proactive engagement with treatment programs.
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Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
The PAR program operates as a 12-week psychoeducational group intervention. Participants attend weekly sessions covering topics including accountability, communication skills, conflict resolution, and the impact of domestic violence on children. A parallel 'partner contact' component provides safety planning and support to the complainant throughout the program.
R. v. Fallofield criteria applied to s. 730 discharge: the court considers the nature and circumstances of the offence, the character of the offender, and whether the discharge is in the best interests of the accused and not contrary to the public interest. PAR completion is directly relevant to the offender's character and rehabilitative prospects.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
A s. 810 peace bond is a civil order, not a criminal conviction. Breach under s. 811 is a separate criminal offence carrying a maximum of 4 years imprisonment. For conditional discharges, the CPIC retention period is 3 years from the date of the order under the Criminal Records Act. After expiry, the record is automatically purged.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Under s. 810(3), a peace bond may include conditions prohibiting contact, requiring counselling attendance, or imposing geographic restrictions. The maximum duration is 12 months. Breach of a peace bond under s. 811 is a hybrid offence carrying a maximum penalty of 4 years imprisonment. For the guilty plea pathway, R. v. Fallofield requires the court to consider whether a discharge is in the best interests of the accused and not contrary to the public interest.