Resolution Without a Trial by Withdrawal, Diversion or Peace Bond

Most criminal charges end without a trial, and several of the routes there leave no conviction at all. A resolution without a trial does not concede that the Crown was right. It usually follows a defence lawyer showing the prosecutor a problem in the file, or showing that the public interest in a prosecution has already been met another way.

Withdrawal Ends the Charge Outright

The Crown can withdraw a charge at any point, and does so when it concludes there is no reasonable prospect of conviction or that prosecution is no longer in the public interest. A withdrawal leaves you with no conviction and nothing to be sentenced for, though it is not a finding of innocence or an apology. A stay of proceedings has a similar practical effect, with the Crown retaining a limited window to recommence.

Diversion Under Part XXII.2

Adult alternative measures, often called diversion, are governed by Part XXII.2 of the Criminal Code and run through programs authorised by the provincial Attorney General or a person the province designates. It is available only where there is enough evidence to prosecute and where you accept responsibility for the conduct. The measures must also be consistent with protecting society. Anything you say to accept responsibility as a condition of entering the program cannot be used against you in evidence later. Completion normally ends the charge. Eligibility is narrow and the local practice differs between New Brunswick and Nova Scotia, so ask about it early.

A Peace Bond Closes the File Without a Conviction

Under section 810 a person who fears on reasonable grounds that another will cause personal injury to them, an intimate partner or a child, or damage their property, can seek a recognizance. Entering into one involves no guilty plea and is not a conviction and may still appear in police records, though the conditions are real and breaching them is an offence. The peace bond page covers where this fits, and peace bonds appear often in the files described on the domestic assault page.

A Negotiated Plea Is Still a Resolution Without a Trial

Where the evidence supports the charge, the remaining work is on what the plea is to and what sentence is proposed. A court may only accept a guilty plea where it is voluntary and informed and where the facts support the charge, which is the test in section 606. Courts give a joint submission real weight, and what follows is covered in sentencing.

The Outcomes Leave Different Traces

Withdrawal, a stay, a completed diversion and a peace bond leave no conviction. A plea does, unless the court grants a discharge. What each one looks like years later is described in records and record suspensions.