Canada’s criminal justice system provides for various sentences designed to punish criminal behavior while respecting the principles of deterrence, rehabilitation, and public protection. Each sentence has specific characteristics and pursues distinct objectives. Before rendering a decision, the court must assess the seriousness of the offense, the dangerousness of the offender, any mitigating or aggravating circumstances, and available alternatives. Here is an overview of the main sentences provided for in Canada.

1. Imprisonment

Imprisonment is the best-known and the second most commonly imposed sentence in Canada. Its purpose is to ensure public order by isolating the offender, while also serving as a deterrent and denunciation. Before imposing it, the court must examine all other available sanctions.

When the sentence is less than two years, it is served in a provincial facility. In cases of multiple offenses, sentences may be consecutive (one after another) or concurrent (served at the same time). They may also be continuous or intermittent, for example only on weekends.

2. Discharge

A discharge does not erase the finding of guilt, but it exempts the accused from a criminal penalty. It may be unconditional, releasing the person without restrictions, or conditional, subject to probation with specific requirements.

Thus, while the accused has no criminal record in the strict sense, the finding of guilt remains on file, even if the conviction is erased (art. 730(3)).

3. Probation

Probation involves supervision in the community. It promotes both the protection of society and the offender’s reintegration. It may accompany a discharge, a suspended sentence, a fine, or even imprisonment of less than two years (art. 731(1)(a) and (b)).

In cases of non-compliance with conditions, the judge retains jurisdiction and may amend, extend, or revoke the order. The maximum duration (art. 732.2(2)(b)) of probation is three years.

4. Conditional Sentence (Imprisonment with Suspension)

A conditional sentence allows the offender to serve their sentence in the community, under strict supervision, usually at home. This sentence applies only to convictions of less than two years, where public safety is not compromised and the offense is not excluded by law (such as terrorism).

Unlike probation, failure to comply with conditions (art. 742.6(9)) may result in immediate return to custody to serve the remainder of the sentence.

5. Fine

A fine is a financial penalty that may be imposed in addition to another sentence or, in some cases, as a substitute. The judge must ensure that the offender has the ability to pay (art. 734(2)). The order (art. 734.1) specifies the amount, terms, and deadlines.

In case of non-payment, the offender risks imprisonment.

6. Restitution

Restitution aims to compensate the victim for their losses. It may cover damaged property, lost wages, or accommodation costs. The amount must be easily ascertainable (art. 737.1(2)).

Unlike fines, non-payment does not directly result in a criminal sanction. However, it remains a legal obligation imposed by the court.

Conclusion

The types of sentences provided for under Canadian criminal law reflect a balance between punishment and rehabilitation. Whether through incarceration, community supervision, financial sanctions, or compensatory measures, each sentence pursues a specific goal: protecting society, holding the offender accountable, and, where possible, fostering reintegration. The judge’s task is to choose the most just and proportional sentence given the circumstances of the case.

Since every case is unique, it is essential to seek tailored advice. Our firm can assist you in understanding applicable sentences, challenging them, or defending your rights in court. Contact our team today.