Saskatoon police are diverting more minor crimes than ever away from the court system and toward alternate measures.
Since 2021, officers have been encouraged to refer people facing charges for simple drug possession and other minor crimes — those that do not put public safety at risk — to alternative justice options separate from the usual court process. According to a report submitted to Saskatoon’s Board of Police Commissioners on Thursday, Saskatoon officers diverted have 16 cases away from the justice system this year, compared to just five in 2021.
Community partners working with police also divert cases, with 16 diversions coming from partner groups in 2020, 15 in 2021, and seven this year.
Most diversions happen after charges have been laid when prosecutors make arrangements for alternative measures, but police also have the option to divert the case before charges. One change made by the police service to aid in officers wishing to divert charges allows for officers to access electronic forms in order to make that decision at a scene.
Offences like minor theft, mischief, fraud, possession of stolen property, common assault, causing a disturbance, criminal harassment and possession of certain controlled substances are among those that could be diverted from formal justice system proceedings.
For a person to be eligible for a diversion, they must accept responsibility for their actions, not pose a risk to the community, and there must be sufficient evidence by the Crown’s standards to proceed with a charge. Someone cannot be diverted more than twice a year, and they can’t have failed diversion in the past six months or have a substantial criminal record of similar offences.
Crimes that are not eligible for diversion include those involving weapons or threats to use weapons, trafficking of a controlled substance, sexual violence against children, child pornography, spousal or partner violence, or those that have seriously impacted victims.
The work stems from a national policy created by Public Prosecution Service Canada, which directed that certain offences would only draw charges when they raised concerns for public safety. Following that policy, Saskatoon police began to advocate for community resources to help with pre-charge diversions, with the goal of letting police partner directly with community-based organizations.
During the first half of 2021, there was no appropriate drug awareness program to divert offenders. Saskatoon police collaborated with the Saskatoon Tribal Council to create such a program, and in the spring officers were instructed to consider alternative measures for possession of controlled substances.
Meanwhile, post-charge diversions — cases where alternative measures or restorative justice measures were implemented after charges had already been laid — have been declining. A total of 366 post-charge diversions were competed this year, compared to 642 in 2020.