Backgrounder: Conditional Sentencing Reform

As part of its commitment to crack down on crime and ensure the safety and security of Canadians, the Government has re-introduced legislation that would restrict the use of conditional sentences. A conditional sentence is a sentence of imprisonment of less than two years that may be served in the community – for example, under house arrest – provided several pre-conditions are met.

The amendments will remove the reference to Serious Personal Injury Offence in the Criminal Code and instead make it clear that conditional sentences are not available for the offences listed below.

All offences for which the law prescribes a maximum sentence of 14 years or life including:

• aggravated assault
• arson
• fraud
• making or possessing counterfeit money
• perjury
• acts of piracy
• use of airgun or air pistol causing bodily harm
• endangering safety of aircraft/airport
• failure to stop at scene of accident – causing death
• dangerous operation of a motor vehicle - street racing causing death
• accessory after the fact to murder
• robbery or break and entry to steal a firearm
• hostage taking
• extortion

Offences prosecuted by indictment and for which the law prescribes a maximum sentence of imprisonment of 10 years that

• result in bodily harm
• involve the import/export, trafficking and production of drugs
• involve the use of weapons.

Offences listed below for which the law prescribes a maximum penalty of 10 years when prosecuted by indictment

• Prison breach
• Luring a child
• Criminal harassment
• Sexual assault
• Kidnapping, forcible confinement
• Trafficking in persons - material benefit
• Abduction
• Theft over $5000
• Breaking and entering with intent
• Being unlawfully in a dwelling-house
• Arson for fraudulent purpose.

The Current Law

Currently, in order for the courts to impose a conditional sentence:

• the offence must not be punishable by a mandatory minimum sentence;
• the court must impose a sentence of imprisonment of less than two years;
• the court must be satisfied that service of the sentence in the community will not endanger the safety of the community;
• the court must be satisfied that a conditional sentence would be consistent with the fundamental purpose and principles of sentencing;
• the offence is not:
  • a serious personal injury offence,
  • a terrorism offence, or
  • a criminal organization offence; and punishable by a maximum of 10 years and prosecuted by indictment.

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Department of Justice Canada
April 2010