Howard Shore, the Markham politician charged with stealing a cellphone from his Thornhill gym, may have his case diverted to a special courtroom designed for criminal defendants with mental health problems.

The 47-year-old rookie councillor and motivational speaker was charged on Nov. 23 with theft and possession under $5,000, accused of stealing an iPhone from the Thornhill Fitness Centre. As revealed by the Toronto Star in December, Shore’s theft charge is just the latest in a string of brushes with the law, including a 2008 conviction in the United States for theft and stalking.

At Newmarket court on Wednesday, Shore’s lawyer said his client’s case has been adjourned to Monday, when he will appear in a community treatment courtroom. Edward Prutschi said he hopes to have Shore accepted into a special program for defendants whose mental health or addiction problems have contributed to their alleged offences.

“On the face of it, it’s not necessarily dramatically different,” Prutschi said outside the courthouse. “The primary difference is that the Crown attorney and the judges are fully aware and cognizant of . . . the underlying factors that connect to the offence.”

“In this case, obviously, the central element is going to be mental health.”

If accepted into the program, it is possible Shore may never have to go to trial, Prutschi said, but that will be up to the Crown.

Shore has refused to be interviewed by the Star about his past criminal charges or his mental health problems.

In December, two days before the Star published its article, Shore posted a statement on his website announcing he suffers from mental health issues and that the Star planned on publicizing some “terribly embarrassing incidents” caused by his illness.

Shore also told other local newspapers that he suffers from depression as a result of being bullied as a young child.

The Markham politician’s history with the criminal court system dates back to 2000, when Shore was charged with stealing a laptop while serving as a York Region District School Board trustee. The charge was dropped for lack of evidence.

In 2005, Shore was again charged with theft, accused of stealing an iPod and debit card from a Running Room store where he was hired as a motivational speaker. According to court transcripts, Shore’s actions were caught on camera but his charges were dropped in exchange for 150 hours of community service, which he performed at the Sunnybrook Women’s Foundation. Shore’s judge at the time urged him to seek counselling.

At Sunnybrook, Shore met a lawyer who he wound up dating briefly. In 2006, he was charged with criminally harassing the woman, now 45.

That charge was also dropped. On March 27, 2007, Crown attorney Helen How said in court there was a “reasonable prospect of conviction” for Shore but he had a pending job offer in the United States and his Canadian legal problems were hampering his efforts to obtain a work visa.

“We wouldn’t want to impair Mr. Shore’s ability to earn a living,” she said.

Three months later, Shore was arrested by Florida police on allegations he had stolen a cellphone from the gym in the hospital where he was working. The state attorney later added a stalking charge; according to an affidavit by the investigating detective, Shore “lured” a high-profile Florida lawyer to a hotel lobby and “harassed and cyber-stalked her” with the stolen cellphone.

Shore initially pleaded not guilty to both charges. He changed his plea to “no contest” in November 2008 and was convicted of both.

Prutschi said he expects the Crown will decide Monday whether to accept Shore into the community health court program, which he believes is “tailor-made” for defendants like his client.

If accepted, Shore will enter a lengthy program designed to treat his underlying mental health problems, after which the Crown will decide how to proceed. The program may last six to nine months, Prutschi said.