Sentences

Even if someone is guilty of an offence, it is still possible to avoid a criminal conviction./p>

Types of Sentences:

  1. Absolute Discharge: An absolute discharge is the lowest‑level adult sentence that an offender can get. There a finding of guilt is made but no conviction is registered (the offender does not get a criminal record), and they are not given any conditions to follow.
  2. Conditional Discharge: A conditional discharge is similar to an absolute discharge because a finding of guilt is made, but no conviction is registered (the offender does not get a criminal record). What makes it different from an absolute discharge is that there are conditions (Probation order) that the offender must follow.
  3. Suspended Sentence: A conviction is registered (the offender gets a criminal record), and there are conditions (Probation order) that the offender must follow.
  4. Probation: It is a court order to do (or not do) certain things for a period of time. A probation order can also be combined with a fine, a conditional sentence, intermittent imprisonment, or imprisonment.
  5. Fine: A fine is an amount of money that an offender must pay to the court. It is different from restitution or a charitable donation. A conviction is registered (the offender gets a criminal record). A fine can be given instead of, or in addition to, imprisonment, a conditional sentence, or an intermittent sentence. A fine cannot be given on top of an absolute discharge, a conditional discharge, or a suspended sentence.
  6. Imprisonment (Jail/Custody): Imprisonment is a jail sentence. After a judge gives a jail sentence, the offender is taken to jail and a conviction is registered against them (the offender gets a criminal record). If an offender is sent to jail for less than two years, they will go to a provincial institution. If an offender is sent to jail for two years or more, they will go to a federal penitentiary.
  7. Intermittent sentence (“weekends”): An intermittent sentence is a jail sentence that the offender serves in “chunks” of time, instead of all at once. For example, if an offender gets an intermittent sentence, they may go to jail on the weekends, (Friday night until Monday morning) but be out of jail during the week. When an offender serving an intermittent sentence is not in jail, they are on a probation order. To get an intermittent sentence, the offender will usually have to show the judge that they have a job or other significant responsibilities (e.g., childcare) which would make it very hard to serve a regular jail sentence. A conviction is registered (the offender gets a criminal record)
  8. Conditional sentence (“house arrest”): A conditional sentence is an imprisonment (jail) sentence, except that the offender serves the sentence outside of jail (in their house), under strict, jail‑like conditions. A conviction is registered (the offender gets a criminal record)


Ways to Avoid a Criminal Record

Even if someone is guilty of an offence, it is still possible to avoid a criminal conviction.

s.717   Alternative Measures Program (Adult)

  • This program is generally designed for first-time offenders, involving charges of a minor nature, such as shoplifting or mischief.
  • If you are successful, and if the Crown has received proof of successful completion from the Attendance Centre, then the criminal charge against you will be withdrawn by the Crown at your next court appearance, and you will continue to have no criminal record.
  • If you are not successful in completing the program, then you are expected to enter a plea (guilty or not guilty).

    • Mental Health Diversion Program

    • This program is similar to the Alternative Measures Program. However, the focus is on mental health diagnosis and treatment.
    • It is operated by a different department.
    • Admission is conditional to an assessment, which takes several weeks to complete.
    • If you are successful, then your charges will be withdrawn
    • If you are not successful or do not qualify, then you are expected to enter a plea.

    s.810   Peace Bond

    • This is a recognizance (like your conditions of release).
    • It requires a Peace Officer to swear new information in court.
    • A person enters into a promise with the court that you will abide by certain conditions, for a specified duration (usually 12 months).
    • It results in the criminal charges being withdrawn immediately.

    Common Law Peace Bond

    • This is just like a statutory peace bond, however, it involves a less formal process.
    • It does not require the swearing of new information in court by a Peace Officer.
    • This is preferable in court jurisdictions where it is difficult to find an officer to get involved.


    Ancillary Orders

    These are extra orders made by the court at sentencing.
    Some are mandatory, depending on the charges, and some are discretionary.

    • s.109   Mandatory Weapons Prohibition
    • s.110   Discretionary Weapons Prohibition
    • s.115   Forfeiture Order
    • s.320.24   Driving Prohibition Order
    • s.447.1   Order Prohibiting Having an Animal
    • s.487.051   DNA Order
    • s.490.012   Order to Comply with Sex Offender Information Registration
    • s.737   Victim Surcharge of 30%
    • s.738   Restitution Order