OTTAWA -- The Ottawa Police Service is looking at ways to improve the pre-charge diversion program that's an alternative to a criminal court process after questions were raised about the program following a case involving a former Ottawa bylaw officer.

In a report for Monday's Ottawa Police Services Board meeting, Chief Peter Sloly says while police have used pre-diversion over the years, it's something that needs to be examined and expanded upon to help police "effectively resolve" some criminal matters and re-divert people who qualify away from the criminal justice system.

Pre-charge diversion came into the spotlight last summer when Ottawa police resolved the case of an Ottawa Bylaw Services officer accused of punching a man in a park without charges. 

Obi Ifedi told CTV News Ottawa last April that he was punched in the face by a bylaw officer who had been trying to give him a ticket in a Michele Heights Park. All municipal parks were closed to encourage physical distancing during the start of the COVID-19 pandemic.

Police told Ifedi they had investigated and confirmed the Bylaw officer punched him, but there would be no criminal charges.  Instead, a pre-charge diversion would be ordered, which typically includes counselling or community service.

Ottawa police were asked to provide assurances that the officer who was the subject in the investigation was treated as any other member of the public would be in similar circumstances. Police were also urged to look at when and why the alternative judicial measures of the pre-charge diversion program are used. 

In the report for the Ottawa Police Services Board meeting, police say as part of the criminal investigation into the incident at Michelle Heights Park, it was determined that the matter met the criteria for pre-charge diversion and was referred to that process.

Police say to be eligible for pre-charge diversion, the individual must accept responsibility for the offence, must not have a previous criminal record or outstanding charges and be a first-time non-violent offender who has not been diverted in the past. The criminal offences involved can include, minor assault, causing a disturbance and theft under $5,000.

The pre-diversion is run by the Salvation Army in Ottawa, is supported by the Ottawa Crown Attorney's Office, and is tailored to each offender.

In 2020, Ottawa police deferred 65 offenders for pre-charge diversion, down from 126 in 2019.

"Alternative measures for responding to criminal activity have long been used by police services nationwide," said the report from Chief Sloly.

"The pre-diversion goal is to redirect those who have committed an offence away from the criminal court process and instead into permanently resolving first-time offences that fall within the criteria of the program."

Sloly says Ottawa police will improve the current diversion program by:

  • Conducting a full analysis, review and audit of the current and best practices provincially, nationally and internationally, as well as the incorporation of demographic information;
  • Direct involvement of community stakeholders, particularly those from our local youth and BIPOC communities;
  • Expanding the program such that all/100 per cent cases which apply will be fully considered for pre/post diversion;
  • Using a continuous improvement approach to the program to ensure optimal effectiveness, efficiency and equity;
  • Aligning to the OPS Neighbourhood Policing strategy and the City of Ottawa’s Community Safety and Well-Being (CWSB) plan

"The OPS is not currently leveraging the use of the diversion program to its fullest," said Sloly.

In August, the city said the Ottawa Bylaw Services officer was fired.

After conducting an investigation into the incident, Emergency and Protective Services general manager Anthony Di Monte says staff concluded, "that the Bylaw officer engaged in an excessive use of force in the altercation."