Backgrounder - Ending Conditional Sentences and House Arrest

A conditional sentence, as originally enacted in 1996, is a term of imprisonment (sometimes called "house arrest") that may be served in the community if the following preconditions were met:

• the offence for which the offender was sentenced did not carry a mandatory minimum penalty;
• the sentence imposed by the court did not exceed two years less a day;
• the judge was satisfied that serving the sentence in the community would not endanger the safety of the community; and,
• the conditional sentence was consistent with the fundamental purpose and principles of sentencing contained in the Criminal Code.

An Act to Amend the Criminal Code (Conditional Sentence of Imprisonment)

On May 4, 2006, the Government introduced An Act to Amend the Criminal Code (Conditional Sentence of Imprisonment), which known as Bill C-9 during the first session of the 39^th Parliament. The amendments limited the availability of house arrest by eliminating conditional sentences for terrorism offences, offences for the benefit of, at the direction of, or in association with a criminal organization, and serious personal injury offences, punishable by a maximum sentence of 10 years or more and prosecuted by indictment. These changes came into force on December 1, 2007.

Ending House Arrest for Property and Other Serious Crimes

As part of its commitment to hold criminals accountable and ensure the safety and security of Canadians, on September 20, 2011 the Government introduced the Safe Streets and Communities Act which included reforms to the Criminal Code designed to restrict the use of conditional sentences. The conditional sentences component of the Safe Streets and Communities Act came into force on November 6, 2012. These amendments retained the original four preconditions of eligibility as well as former Bill C-9's ineligibility of conditional sentences for terrorism offence and criminal organization offences that are punishable by a maximum of 10 years imprisonment or more.

The Safe Streets and Communities Act also expanded the list of offences for which conditional sentences are no longer available. That list is now as follows:

• offences for which the law prescribes a maximum sentence of 14 years or life imprisonment, including: manslaughter, aggravated assault, arson and fraud over $5,000;
• 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; or
  • involve the use of weapons; and
• the following offences when prosecuted by indictment:
  • prison breach
  • criminal harassment
  • sexual assault
  • kidnapping
  • trafficking in persons
  • abduction of persons under 14 (i.e. by a stranger)
  • theft over $5,000
  • motor vehicle theft
  • breaking and entering a place other than a dwelling-house
  • being unlawfully in a dwelling-house
  • arson for fraudulent purpose.

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Department of Justice Canada
February 2013