Diversion Application and Sample Letter (1:App C)

A. Diversion Application

The fact sheet "Alternative Measures (Diversion)" from Justice Education Society of BC provides a one-page explanation and a form to fill out.

B. Sample Diversion Letter

12 January 2013

By Fax

Crown Counsel
Provincial Court
Court Address Location

WITHOUT PREJUDICE

Dear Crown Counsel,

Re: B. Bird

Court File Number: 12345

Next Court Date: March 13, 2013, Courtroom 2

Request for Diversion

My client, Mr. Bird, has instructed me that he wishes to apply for diversion. Mr. Bird admits all essential elements of the theft and advises me he is extremely remorseful.

Mr. Bird’s Background

Mr. Bird is 42 years old and resides at 123 Sesame St. He was born on November 10, 1969. Mr. Bird is separated from his wife, with whom he has one four year old son. Mr. Bird completed a post-secondary degree in Children’s Media at Greater Sesame University.

Mr. Bird has been involved in non-profit work for the past twenty years. At the time of the incident he was working with the Twelve Steps Program at the Sesame Care Facility as a social worker. He worked there from March 2011-November 2011, where he provided day-to-day monitoring and support for federal offenders on day parole. He is also employed as a social worker at the Sesame Village Neighbourhood House. Prior to these positions Mr. Bird worked for Bert & Ernie’s from 2003-2007, and for Von Count Accounting from 2007-2011. Due to his stress and injuries he is no longer employed at the Sesame Care Facility; however he continues to do casual work for Sesame Village Neighbourhood House. He has been on Employment Insurance for two months.

Mr. Bird suffers from a number of mental health issues including depression, anxiety and panic disorders and is currently under a doctors’ care at Sesame Narrows Community Health Centre. At the time of the incident he was taking Effexor and Clonazepam to treat these conditions. Although Mr. Bird continues to take medication his doctors are aware of the incident and the issue of whether the medication and/or the dosage may have been a contributing factor. Mr. Bird attends Sesame Narrows Community Health Centre for counselling and treatment on a regular basis and advises me he is stable on his current levels of medication.

Circumstances of the Offence

On March 13th, 2012, Mr. Bird stole a pair of shoes from Oscar’s Footwear Emporium. He had a job interview requiring formal shoes, which he felt he could not afford. He experienced extreme anxiety with regards to his financial situation and lack of clothes appropriate for a job interview; and he suffered a panic attack with respect to concerns over his dress. Unfortunately Mr. Bird decided to steal the shoes instead of paying for them. Mr. Bird is extremely embarrassed and sincerely regrets this decision. He also sincerely regrets his actions with regards to the store detective. He acknowledges they were completely inappropriate and he would appreciate the opportunity to write a letter of apology. Mr. Bird attributes his actions to his anxiety condition. He is nonetheless aware of how inappropriate it was, and he is experiencing sincere remorse. Mr. Bird has never been convicted, nor even charged with an offence in the past, and he is truly ashamed of his behaviour.

Consequences of the Offence

Mr. Bird is still experiencing serious physical and economic consequences as a result of this incident. He suffered several injuries as a result of the struggle with the security guard. According to Dr. Snuffleupagus, who was his diagnostic physician on March 19, 2012, he received a 5 cm laceration on his face which required 6 sutures. Post offence, his injuries were still a source of concern and he was sent for a CT scan on March 25, 2012. According to the CT scan report completed by Dr. Snuffleupagus, he continued to suffer vertigo, diplopia (double vision), headaches and vomiting one week after the accident. His jacket was torn as a result of this struggle. Please find a photograph of the injuries and the jacket attached.

In addition to the physical concerns, Mr. Bird has experienced employment and economic consequences. As a result of this incident he had to take ten days off work, from March 18 to March 28, 2012. Please find a copy of the doctor’s note attached. Mr. Bird has since stopped working with Corrections Canada due to the stress of this incident.

Mr. Bird works in the non-profit sector. All jobs available within this field require a criminal record check. If Mr. Bird receives a criminal record as a result of this incident he will likely be unable to find work in his field. Furthermore, he will be obligated to reveal this charge to Sesame Village Neighbourhood House, which is providing him with occasional employment, and he will likely lose this small amount of income. This will have a serious impact on Mr. Bird’s ability to provide support for himself and his son.

In addition to everything else, Mr. Bird is being harassed by a law firm in Ontario seeking to collect damages, all of which is increasing his anxiety.

Due to all of the above concerns we believe there is no public interest in proceeding with this case. We respectfully request that he be accepted for diversion.

Please find the following attached documents:

1. A photo of Mr. Bird’s injury.
2. A photo of Mr. Bird’s ripped jacket.
3. A copy of the doctor’s note requesting Bird be given time off work.
4. A copy of the letter from the law firm that is threatening to sue Mr. Bird on behalf of Oscar’s Footwear Emporium.

Mr. Bird is to appear in court on March 13, 2013, at Courtroom 2, Provincial Court, 200 East 23rd St, North Vancouver, BC. I have instructed Mr. Bird to seek a two week adjournment for the matter to be considered.

Thank you for your consideration of this letter.

Sincerely,

Kermit T. Frog
Law Student
Attachments