A conditional sentence in Canada allows a convicted individual to serve their sentence in the community instead of going to jail. The Canadian justice system views imprisonment as a last resort, reserved for serious crimes or when other sentencing alternatives are inappropriate.

Conditional Sentence Orders (CSOs) require individuals to adhere to specific court- mandated conditions, such as house arrest, regular reporting to a supervisor, and abiding by curfews. In some cases, those with substance abuse disorders may serve their sentence under house arrest at a treatment facility, aiming to rehabilitate them back into society.

Judges may also impose additional conditions, such as:

  • Submitting a DNA sample to the National DNA Data Bank
  • Following no-contact orders for specific individuals or locations
  • Paying restitution to victims
  • Prohibiting firearm or weapon possession

CSOs typically involve strict house arrest, meaning individuals cannot leave their homes unless for specific exceptions outlined by the court, such as:

  • Attending school
  • Medical or professional appointments
  • Employment
  • Probation reporting
  • Religious services
  • Shopping for essential items like food or medical supplies

Eligibility for a Conditional Sentence in Canada

To be eligible for a CSO, the court must determine that a prison sentence of less than two years is appropriate. The court also needs to ensure that serving the sentence in the community will not pose a risk to public safety and aligns with the sentencing principles under the Criminal Code. Additionally, the following criteria must be met:

  • The offence does not carry a mandatory minimum prison sentence.
  • The offence is not classified under Section 239 (attempted murder), nor does it involve torture or advocating genocide.
  • The offence is not related to terrorism or organized crime with a potential
    sentence of 10 or more years.

Recent CSO Reforms (Bill C-5)

Parliament passed Bill C-5 to reform the eligibility of Conditional Sentence Orders. This change provides judges with more flexibility when sentencing, recognizing that sentencing is not a "one-size-fits-all" process. However, serious crimes like attempted murder, advocating genocide, and terrorism-related offences remain ineligible for CSOs.

Consequences of Breaching a Conditional Sentence Order

Contrary to common belief, breaching a CSO doesn’t always result in jail time. If a breach occurs, a judge can take various actions, including:

  • Taking no action;
  • Revoking the CSO and ordering the offender to serve the remainder of the sentence in jail;
  • Suspending the CSO, requiring the offender to serve part of the sentence in custody, with the CSO resuming after release; or
  • Modifying the existing conditions of the CSO.

Judges cannot extend the duration of the original sentence. In some instances, they may consider time served for delays between the issuance and execution of a warrant. In exceptional cases, the judge may grant time served if the breach was minor or if the offender experienced undue hardship during the suspension period.