[moe1234]

OK
So here is the story I was arrested for shoplifting in nova Scotia because I stole some food
However I needed to steal that food because it was the only option I had at that time and I can prove that I didn't have any food for the last 24 hours before I stole that food and I had no money
It's my first offence but I believe there was a police report filed against me by my friend for telephone harassment but I'm not sure because I only got a phone call that day from the police and they told me to stop calling my friend . So with those facts am I still able to the diversion program or not
Should I plead guilty?

[JudyKayTee]

As long as there are not-for-profit organizations such as food pantries the Court is not going to believe that your "only option" was to steal. I would not plead guilty unless, of course, you confessed to the Police. A sincere apology and "I won't ever do this again" attitude would go a long way. I see no apology or remorse in your post.

At any rate - here is something I wrote about the Canadian diversion program:

“Canadian diversion program guidelines vary from region to region, courthouse to Courthouse. Eligibility for such a program is ALWAYS determined by the Crown Attorney’s office. There are no exceptions. You are not required to have legal counsel in order to apply.

If the offense - theft - is not major (property was recovered, not a large amount, not a repeat offender) the Crown Attorney MAY approve eligibility into the diversion program prior to the Court appearance. If there are prior dealings with the Police - and charges do not have to be placed, any prior dealings of a negative nature - the person will most likely not be eligible for the diversion program.

As part of the diversion program the eligible person will have to agree to complete certain tasks or obligations - perhaps watch a video, make a donation or volunteer time to a not-for-profit, write a paper on the crime.

When the tasks/obligations have been competed to the satisfaction of the Crown’s Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.

Each courthouse in Canada has a different diversion program and eligibility requirements differ from region to region. Eligibility for the diversion program is always determined by the Crown Attorney's office. If they deem a theft offence to be of a minor nature (usually a small quantity of merchandise was taken and the property was recovered), the Crown may pre-approve eligibility into the diversion program. A person will not generally be eligible for diversion if they have had prior dealings with the police (even if it did not result in a criminal charge being laid). Once in the diversion program, the eligible candidate may be asked to complete one of a number of different tasks. In some jurisdictions, a person charged with theft may be required to watch a video on shoplifting. In other jurisdictions they may be required to make a donation to charity or complete a minimum number of community service hours - or both. Regardless of the requirements, the end result is usually the same. Once the diversion program has been completed to the satisfaction of the Crown Attorney, the Crown will recommend to the court that the criminal charge of theft be withdrawn against the accused person. This will result in the accused person maintaining a clean record (assuming they didn't have a prior criminal record).

If a person is not pre-screened as eligible for the diversion program, a lawyer may be able to convince a Crown Attorney to reconsider their decision.”