The Mental Health Diversion (MHD) program diverts eligible individuals from prosecution and the criminal system into treatment. If accepted and successfully completed:

  • The charges are typically withdrawn.
  • No criminal record results.
  • Severe long-term consequences can be prevented.

The MHD operates outside of the traditional court system, through Crown Prosecutor discretion rather than a dedicated Criminal Code provision. How your case and documentation are presented can make a real difference in whether the program is offered.

A Strategic Criminal Defence lawyer will discuss your case with the Crown Prosecutor and seek to prevent the harsh consequences of a criminal conviction and record.

Could you be eligible for Mental Health Diversion? Ask these 4 questions:

  • Is there a clear connection between my mental health condition and the offence I’m accused of? This is the core requirement that sets MHD apart from other diversion programs.
  • Is the offence I’m accused of relatively minor? The MHD is usually reserved for lower-level offences.
  • Do I have a formal diagnosis, or am I willing to undergo an assessment to establish one? You generally need documented evidence connecting your condition to the offence.
  • Am I willing to engage with a treatment or support plan? MHD requires a genuine commitment to ongoing treatment.

If you can answer “yes” to all four, it’s worth speaking with a lawyer right away about the Mental Health Diversion program.

Contact us for a free, no-obligation consultation.

How does the Mental Health Diversion program work?

The MHD program has been available in Calgary since 2004. It recognizes that mental health problems can sometimes lead to criminal behaviour and that treatment can be more helpful than punishment.

If mental illness was a factor in the offence for which you were charged, a Strategic Criminal Defence lawyer will:

  • Protect your legal rights.
  • Discuss your case with the Crown Prosecutor.
  • Work to limit the consequences for the future with a pre-trial resolution.
  • Propose the Mental Health Diversion if appropriate.
  • Explain all the legal options available, and their consequences.

“A mental health disorder is a substantial disorder of thought, mood, perception, orientation, or memory. Our role as criminal defence lawyers is to convince the Crown that our client suffers from a mental illness and would benefit from treatment instead of being prosecuted and convicted.”

Michael Oykhman, Strategic Criminal Defence

What happens during the Mental Health Diversion program in Calgary?

Calgary’s program is formally known as the Provincial Mental Health Diversion Program (PMHDP). It is a partnership between Recovery Alberta and Alberta Justice. Other provinces have their own, differently structured diversion programs.

Here’s how the program is initiated and completed in Calgary:

STEP WHAT HAPPENS? WHO'S INVOLVED?
1. Identify eligibility & approach the Crown We will review your case to determine whether you're likely to fit the program's criteria, then open a discussion with the Crown Prosecutor about a referral. Your lawyer, Crown Prosecutor
2. Crown screens the offence The Crown decides whether the charge itself qualifies for referral, based on the nature and severity of what you're accused of. Crown Prosecutor
3. AHS clinicians screen you Separately from the Crown's decision, a clinician conducts an assessment to determine whether you're clinically suitable. If found unsuitable, your matter returns to standard court proceedings, even if the Crown was willing to refer you. PMHDP clinicians (Alberta Health Services)
4. Treatment begins while your case is adjourned We have the matter adjourned in court while you engage in treatment, typically counselling, regular check-ins, medication, and other specific recommendations from your assessment. Your lawyer, your treatment team, the court
5. Progress is monitored, with no fixed end date There's no single set duration, although a three-month adjournment is typical for adults. The Crown decides you've completed the program once satisfied that your mental health needs have been addressed. Duration depends on the offence and your progress. Crown Prosecutor, treatment team
6. Charges are withdrawn Once the Crown is satisfied that you have completed all necessary steps, we return to court, and the charges are formally withdrawn. Your lawyer, the court, Crown Prosecutor

Who is eligible for Mental Health Diversion?

The diversion program is available for individuals charged with less serious offences where there is a reasonable belief that a person is suffering from a mental health disorder.

Examples of low-risk offences include:

Eligibility for mental health diversion is determined on a case-by-case basis. If we can make a strong case for mental health being a factor in the offence, Mental Health Diversion may also be available for more serious crimes, such as:

MHD is hardly ever available if aggravating factors (like the use of firearms) are present when the offence is committed or for the most serious offences like murder or manslaughter.

Whether you are eligible for the Mental Health Diversion also depends on your personal circumstances. The Prosecutor will consider the following factors:

  • Your mental health history.
  • Your criminal history.
  • Your history of diversion programs.
  • The risk of re-offending.

Given so many factors are involved, it helps to have an experienced criminal defence lawyer make a case for Mental Health Diversion. We understand the nuances and the evidence that the Prosecutor needs to see for a favourable decision.

Showing the following will count in your favour:

  • You are willing to accept responsibility for the offence.
  • You have the motivation to change your lifestyle.
  • You are willing to complete the program and any recommended treatments from mental health experts.
  • You would benefit from learning life skills and connecting with community support services.

In any given year, approximately 1 in 5 people in Canada will experience a mental health problem or illness. It stands to reason that some criminal offences result from these issues, and they should be treated separately from the standard processes within the criminal justice system.

What kinds of mental health issues are eligible?

No single list of mental health diagnoses automatically makes you eligible for the Mental Health Diversion program. However, you must have a diagnosed issue that is connected to the crime you’re accused of, such as:

  • Severe mood disorders, such as depression or bipolar disorder.
  • A psychotic disorder, like schizophrenia, that changed how you saw things.
  • Post-traumatic stress disorder (PTSD), which altered your normal behaviour.
  • Severe anxiety disorders that made it hard to think clearly or led to a panic attack.
  • Substance use disorders, especially if associated with other mental health problems.

How will our lawyers help?

Involving a Strategic Criminal Defence lawyer early in the case will allow us to:

  • Provide advice even before charges are laid, with voluntary mental health evaluations (the police or the Crown may go with diversion right away instead of going through with the charges).
  • Identify whether MHD is a realistic option after charges are laid, based on the specific charge, your mental health history, and the circumstances of the alleged offence.
  • Gather supporting documentation, such as medical records, treatment history, and letters from healthcare providers.
  • Hire psychiatrists or psychologists, if necessary, to act as expert witnesses and show how your mental health condition is related to the crime you’re accused of.
  • Open a dialogue with the Crown Prosecutor early, before the case progresses further through the court process.
  • Advocate for you during the clinical assessment process, making sure the full context of your circumstances is understood by PMHDP clinicians.
  • Monitor your progress and stay in contact with the Crown throughout treatment, so your completion is properly recognized, and charges are withdrawn without delay.
  • Pursue alternative resolutions if you’re found ineligible, such as the Alternative Measures Program or other diversion options.

Our team knows how Calgary’s alternative court system works. We also know Crown Prosecutors in the area who decide whether or not to send cases to them. We will manage the entire process and seek a treatment plan that the Crown can agree to.

“If an accused person meets the criteria for the program, we go to court for our client and usually ask for a three-month adjournment while they receive treatment. After the prescribed period, if treatment has been completed, we will again attend court and ask that the charges be withdrawn.”

Michael Oykhman, Strategic Criminal Defence

Testimonials

“I struggle with mental health and addictions and now I have hope. I have been given a second chance at life in order to receive the help that I need to be successful and a voice for others who also struggle.”

S.D.

“I am incredibly grateful for the representation I received from Funda Mutlay at Strategic Criminal Defence. It is clear that Funda is genuinely passionate about her clients. She doesn’t just focus on the legalities; she truly cares about the people she represents.”

D.V.

“I had an excellent experience working with Shaun Leochko. From start to finish, he was professional, knowledgeable, and genuinely cared about my case. He took the time to explain everything clearly, kept me informed throughout the entire process, and made a stressful situation much easier to handle.”

B.B.

“I would like to thank Julia and her team from the bottom of my heart for helping me through a very stressful time in my life. Julia’s undying compassion and professionalism were matched with a sense of urgency and commitment to reaching a positive outcome.”

T.K.

Successful Cases

Note: Past outcomes do not guarantee future results. Every case depends on its own facts.

Case Number: 55332353

Our client faced two separate sets of charges. First, he was arrested after making threats against administrative staff at a government center, which led to charges of threats, mischief, and harassing communications. A few short months later, he was charged with five counts of uttering threats following an incident where he sent threatening emails to ex-coworkers and RCMP officers.

Upon being retained, we conducted a thorough meeting with the client to understand his perspective and the events in question. We also thoroughly reviewed the police information package to ensure there wasn’t anything we overlooked. It became clear that the root cause of these charges was his ongoing struggle with mental health issues. Our efforts to advocate for our client’s mental health led to a successful negotiation with the Crown prosecutor. Our client was referred to the Mental Health Diversion Program, and ultimately, both sets of charges against our client were withdrawn. As a result, our client avoided acquiring a criminal record and received the mental health assistance he needed.

Successful Result: Two Sets of Charges Withdrawn, No Criminal Record, Mental Health Diversion

Case Number: 3260026

Our client was arrested following a 911 call from a caller who claimed that they had heard a person screaming in a nearby house for almost 40 minutes. The police attended the residence and found that the screaming came from our client, who had just been accidentally sprayed with bear spray. The police assisted our client, and after calming down, our client said he was ready to go to bed. Before he left the room, one officer insisted that the contacts that our client was wearing should come out, so that our client could avoid any risk of infection from the bear spray. Our client reacted violently to the police’s suggestion, began arguing with the police, and ultimately threatened to kill one of the cops. It is further alleged that he lunged at the officer, tried to grab the officer’s throat, and began to strike the officer. Our client was then arrested and charged with assaulting a peace officer.

After reviewing all of the evidence against our client, we had a meeting with our client where we discussed his personal circumstances and learned more about the circumstances surrounding the offence. We learned that at the time of the offence, he was suffering from some mental health issues. We then took this information to the Crown Prosecutor, and we were successful in advocating for our client’s placement in Mental Health Diversion. Once our client had completed his program, all charges against him were withdrawn.

Successful Result: Mental Health Diversion, Charges Withdrawn, No Criminal Record

Case Number: 762209

Our client was arrested for assault with a weapon, uttering threats, and unauthorized possession of a prohibited weapon after he walked into a retail operation with an 11 to 12-inch hunting knife sheathed at his side. Upon entering the business, he began yelling at employees and threatened to kill one of them while holding the hilt of his knife. The police were called and he then fled the scene. The police located our client in his vehicle shortly thereafter and had to remove him from his vehicle at gunpoint.

Upon being retained we immediately ordered disclosure and found out that our client suffered from mental health issues that likely contributed to the incident. We sought out proof of his medical condition and identified all weaknesses in the evidence against our client. We then scheduled a meeting with the Crown Prosecutor to negotiate a resolution on our client’s behalf. We were able to successfully persuade the Crown to accept our client’s placement in the Mental Health Diversion Program despite the very serious nature of the charges. After his successful completion of the program, all charges against our client were withdrawn.

Successful Result: Mental Health Diversion, Charges Withdrawn, No Criminal Record

Case Number: 761988

Our client was charged with Criminal Harassment after he had sent hundreds of texts messages to a high school acquaintance, and an equally large number of messages to her over social media. The messages were not only voluminous, but were disturbing in content. The complainant had asked our client to stop sending her messages on multiple occasions, and had tried blocking our client, yet he persisted in attempting to communicate with the complainant.

Upon being retained we immediately ordered disclosure and began negotiating with the Crown. Due to the strength of evidence against our client, the Crown initially wanted a guilty plea to the offence in order for a mitigated sentence. However, on the basis of our advocacy we were able to divert our client into the Mental Health Diversion Program. Upon his successful completion of the program, the charges against him were withdrawn.

Successful Outcome: Mental Health Diversion, Charges Withdrawn, No Criminal Record

Case Number: 05020228

Our client was struggling with a formal psychiatric diagnosis of kleptomania and was caught stealing over $2000 of clothing and groceries from a shopping mall. She had never been arrested before and had lived a normal life aside from her compulsion to steal. She admitted to the officers that she had done this many times before without being caught and was ultimately charged with theft. She took immediate steps to enter treatment and address her issues.

Upon being retained, we spoke with our client and gathered significant information regarding her prior good character and ongoing treatment. We provided medical documentation, volunteer paperwork, and character letters to the Crown prosecutor. We were successful in demonstrating that this was a mental health issue requiring access to resources and was able to obtain a referral to the mental health diversion program. Following her completion of the program, charges were withdrawn.

Successful Result: Mental Health Diversion; Charges Withdrawn; No Criminal Record

Case Number: 68680213

Our client had a mental health episode after losing his job and wandered into the home of the complainant uninvited. He left after a long conversation with the homeowner but returned 6 weeks later when he was arrested by police. Despite being diagnosed with schizophrenia two decades prior, he had no previous criminal record or history of similar issues.

Upon being retained, we worked closely with our client’s social worker and psychiatrist in order to provide the context behind the incident to the Crown Prosecutor. We met with the Crown and informed them of our client’s background and his intention to continue receiving mental health assistance. We were successful in having our client enter Mental Health Diversion, which ensured he received the help he needed without the burden of a criminal record.

Successful Result: Mental Health Diversion; No Criminal Record

Case Number: 45470306

Our client was arrested for 11 acts of fraud under $5000 after an internal investigation conducted by his employer. The loss prevention officers identified 11 fraudulent cash register transactions using CCTV footage. Our client’s employer reported him to the police, who charged our client with 11 counts of fraud under $5000.

Once we were retained, we had a meeting with our client where we discussed his personal circumstances. We learned that our client had been suffering from some mental health issues. We obtained proof through medical documentation, and we took this information to the Crown Prosecutor. The Crown Prosecutor was initially seeking a Conditional Sentence Order with house arrest. We were successful in advocating for our client’s placement in the Mental Health Diversion Program. Upon our client’s successful completion of the program, the charges against him were withdrawn.

Successful Result: Mental Health Diversion, Charges Withdrawn, No Criminal Record

FAQs

You usually don’t have to formally say you’re guilty if you go to court for mental health diversion. You do, however, need to take responsibility for the crime that led to the charges, even if you think your mental illness made it hard for you to understand or control yourself at the time.

Most of the time, it’s not easy for employers to find out that you’re in a Mental Health Diversion program. People can’t see court records about this matter. Mental health diversion proceedings are usually kept more private than regular court proceedings, due to privacy laws.

No, if you meet all the requirements, your charge will be dropped, which means you won’t have a criminal conviction. You will avoid the long-term consequences of a criminal record for employment, travel, immigration status, etc. However, this does not always mean every record of the charge (e.g., police contact, fingerprints) is automatically erased. In some cases, additional steps may be needed to fully clear the record, which we can advise on.

If you fail to complete the program, the Crown will reinstate the charges against you and continue to pursue your conviction.

Get help with your criminal charge

If you’ve been accused of a criminal offence in Calgary, we can put our experience to work in your case. We will explore all avenues to prevent charges from seriously impacting your life, including the Mental Health Diversion program, if appropriate.

We’ve defended over 10,000 cases in the past two decades, earning over 750 5-star reviews and receiving recognition for 8 consecutive years from Three Best Rated®.

Contact us for a free, no-obligation consultation.

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Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: July 14, 2026

Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.

Experience

  • Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
  • Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
  • Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.

Education & Academic Leadership

  • Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
  • Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
  • Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.

Credentials & Recognition

  • Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
  • Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
  • Connect with Michael: Bio | LinkedIn | Firm Office: (403) 719-6410