Understanding Conditional Sentence Orders in Canada

When a person is convicted of a criminal offence, many people assume that a jail sentence automatically means time behind bars. In some cases, however, Canadian courts may impose a Conditional Sentence Order (“CSO”), which allows an offender to serve their sentence in the community under strict conditions.

A CSO is a form of imprisonment authorized under the Criminal Code of Canada, pursuant to section 742 of the Criminal Code. Rather than serving a sentence in a correctional facility, the offender remains in the community while complying with court-ordered conditions. Common conditions may include, but are not limited to, house arrest, curfew, abstaining from drugs or alcohol, not possessing any weapons or firearms, attending counselling, performing community service, or having no contact with certain individuals.

Eligibility and Criteria

A CSO is not available in every case. Before imposing a CSO, a judge must be satisfied that:

1. The offender has been convicted of an offence for which a conditional sentence is legally available;

2. The sentence imposed is less than two years;

3. Serving the sentence in the community would not endanger public safety; and

4. A CSO is consistent with the fundamental purposes and principles of sentencing.

Courts consider a variety of factors when determining whether a CSO is appropriate, including the seriousness of the offence, the offender's criminal record, their personal circumstances, their prospects for rehabilitation, and the impact on victims and the community. For more information about the eligibility and criteria, please refer to one of the leading cases from our Supreme Court of Canada in R. v. Proulx, 2000 SCC 5.

It is important to understand that a conditional sentence is not a "free pass." The restrictions imposed can be significant and closely monitored, and can include being subjected to a electronic monitoring device. It is also important to keep in mind that serving a period of house arrest, is not always the easiest thing to do, which all of us had to experience in 2020, when the world pandemic originally hit and lock downs were put into place.

Furthermore, an individual who breaches the conditions of a CSO may be brought back before the court. If a breach is proven, the court may order that some or all of the remaining sentence be served in custody, and in some cases where the CSO is permitted to continue, the individual can lose credit for days served during the period of time that they were dealing with the breach allegation.

CSOs reflect the principle that incarceration is not always the most effective response to criminal conduct. In appropriate cases, allowing an individual to remain employed, support their family, participate in treatment programs, and address the underlying causes of their behaviour can reduce the risk of future offending while still holding the individual accountable.

Every case is unique, and the availability of a CSO depends on the specific facts, the applicable law, and the judge's assessment of what sentence is just and appropriate in the circumstances.

MacKillop Pictou Law Group is here to help

If you have questions about sentencing or are involved in a criminal matter, obtaining legal advice can help you understand the options and consequences that may apply. For more detailed information, or assistance, please feel free to contact the MacKillop Pictou Law Group team, located in Halifax, Nova Scotia, as our team of dedicated criminal law lawyers are always happy to help!