Backgrounder

Conditional Sentencing Reform Bill

As part of its Speech from the Throne commitment to tackle crime, the Government of Canada has introduced legislation that would end the use of conditional sentences – sometimes called house arrest – for serious offences. A conditional sentence is a sentence of imprisonment that may be served in the community, provided several pre-conditions are met.

Ensuring Serious Crime Means Serious Time

While these conditions were designed to screen out the most serious and violent cases from eligibility, a number of controversial sentencing decisions have been made. The proposed reforms would tighten up the law, preventing serious offenders from receiving a conditional sentence. Such assurances will help improve public confidence in the use of conditional sentences, by helping to ensure criminals face penalties that match the seriousness of their crimes.

Under the current law, a list of criteria must first be met in order for the courts to impose a conditional sentence:

• the offence cannot be punishable by a minimum term of imprisonment;
• the sentence cannot exceed two years less a day;
• the judge must be convinced that public safety will not be threatened by allowing the offender to serve a sentence in the community; and,
• the sentence must be consistent with the sentencing principles in the Criminal Code, which include denunciation and deterrence.

Under the proposed reforms, a conditional sentence no longer will be an option for anyone convicted of an offence prosecuted by indictment that carries a maximum prison sentence of 10 years or more.

This additional prerequisite to the use of a conditional sentence will help ensure a more appropriate use of conditional sentences, reserving them for less serious offences.

Those who commit serious crimes, including designated violent and sexual offences, major drug offences, crimes committed against children, and impaired driving causing death or bodily harm, would be ineligible for a conditional sentence.

Select weapons offences, such as assault with a weapon causing bodily harm, or possession of a firearm in a motor vehicle, would also be ineligible when prosecuted by indictment. Most firearms offences already carry a mandatory minimum penalty or they will upon the coming into force of companion legislation tabled by the Government to deal with gun crime. A conditional sentence is prohibited for those offences that carry mandatory minimum penalties.

Restricting Those Serving a Conditional Sentence

Under the current law, an offender serving a conditional sentence must abide by a number of conditions. These compulsory conditions include reporting to a probation officer who will ensure that the order of the courts is followed. As well, the offender must comply with a number of other conditions that are especially tailored for each individual case. These conditions may require the offender to remain at home (except for work or medical emergencies) or to stay at home in the evening and during weekends. The offender may also be required to pay back the victim for money stolen, perform community service or attend a treatment program.

If the conditions are violated, the offender will be arrested and brought back to court for a hearing. The judge then has the power to send the offender to prison for the remainder of the sentence.

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Department of Justice
May 2006