Conditional sentence (Canada)
Encyclopedia
A conditional sentence is a non-custodial
punishment
for crime
in Canada
.
, which are similar to when one is on parole
. Conditional sentences should not apply in certain cases, such as the infamous case of Canadian R. v. Rego, where a thief committed a terrible henous and grossly negligent (and indeed reckless) act against his former employer. This case law is frequently cited in criminology courses that are trying to examine sentencing principles.
These are most often treatment for drug or alcohol abuse, curfew
s, and community service
. Offenders who breach their conditions or re-offend
must complete their sentence in prison.
To receive a conditional sentence, the sentencing judge
must be satisfied that the offender does not pose a danger to the community. This allows less serious offenders to remain in their communities or at home
. The largest percentage of conditional sentences are for property crime
. By law, a conditional sentence must be less than two years in duration; they have an average length of eight months., and the offence that the offender was convicted of cannot be punishable by a minimum sentence of imprisonment.
Conditional sentences were introduced in 1995 as a response to perceived over-incarceration
, especially among aboriginal Canadians
.
have argued that they should not be available to persons convicted of impaired driving.
Former justice minster
Vic Toews
, then justice critic
for the Conservative Party of Canada
, has also criticized them, saying that Canada needs to "get the drug men and the gunmen off the streets and get rid of conditional sentences." In 2008, Stephen Harper
noted that in Saskatchewan 39 per cent of criminals sentenced to house arrest were sent back to jail for breaching their conditions. In addition, thousands convicted of crimes of violence, including homicides and sexual assaults have been given conditional sentences.
Proponents of conditional sentences, however, have noted that the courts must not give a conditional sentence if it believes the offender will endanger the community. Furthermore, only a minority of offenders breech their conditions or reoffend, and that conditional sentencing saves taxpayers over $50,000 per inmate each year.
Custodial sentence
A custodial sentence is a judicial sentence, imposing a punishment consisting of mandatory custody of the convict, either in prison or in some other closed therapeutic and/or educational institution, such as a reformatory, psychiatry or drug detoxification...
punishment
Punishment
Punishment is the authoritative imposition of something negative or unpleasant on a person or animal in response to behavior deemed wrong by an individual or group....
for crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
.
Description
Conditional refers to rules the offender must follow in order to remain out of prisonPrison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
, which are similar to when one is on parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
. Conditional sentences should not apply in certain cases, such as the infamous case of Canadian R. v. Rego, where a thief committed a terrible henous and grossly negligent (and indeed reckless) act against his former employer. This case law is frequently cited in criminology courses that are trying to examine sentencing principles.
These are most often treatment for drug or alcohol abuse, curfew
Curfew
A curfew is an order specifying a time after which certain regulations apply. Examples:# An order by a government for certain persons to return home daily before a certain time...
s, and community service
Community service
Community service is donated service or activity that is performed by someone or a group of people for the benefit of the public or its institutions....
. Offenders who breach their conditions or re-offend
Recidivism
Recidivism is the act of a person repeating an undesirable behavior after they have either experienced negative consequences of that behavior, or have been treated or trained to extinguish that behavior...
must complete their sentence in prison.
To receive a conditional sentence, the sentencing judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
must be satisfied that the offender does not pose a danger to the community. This allows less serious offenders to remain in their communities or at home
House arrest
In justice and law, house arrest is a measure by which a person is confined by the authorities to his or her residence. Travel is usually restricted, if allowed at all...
. The largest percentage of conditional sentences are for property crime
Property crime
Property crime is a category of crime that includes, among other crimes, burglary, larceny, theft, motor vehicle theft, arson, shoplifting, and vandalism. Property crime only involves the taking of money or property, and does not involve force or threat of force against a victim...
. By law, a conditional sentence must be less than two years in duration; they have an average length of eight months., and the offence that the offender was convicted of cannot be punishable by a minimum sentence of imprisonment.
Conditional sentences were introduced in 1995 as a response to perceived over-incarceration
Incarceration
Incarceration is the detention of a person in prison, typically as punishment for a crime .People are most commonly incarcerated upon suspicion or conviction of committing a crime, and different jurisdictions have differing laws governing the function of incarceration within a larger system of...
, especially among aboriginal Canadians
Aboriginal peoples in Canada
Aboriginal peoples in Canada comprise the First Nations, Inuit and Métis. The descriptors "Indian" and "Eskimo" have fallen into disuse in Canada and are commonly considered pejorative....
.
Administration
Conditional sentences are administed by provincial probation and parole services. The accused must be supervised by a probation officer and regularly attend meetings.Breach of a Conditional Sentence
An accused person may be arrested without warrant where a peace officer believes on reasonable grounds that the accused has failed to comply with a condition or by warrant. An accused arrested for an alleged breach will be detained in custody pending a hearing to determine whether a breach occurred. The accused may apply for bail pending the hearing. However, under subsection 515(6) the accused bears the onus. Upon the earliest of the accused being arrested for an alleged breach or upon the issuance of a warrant, the conditional sentence stops running. At a breach hearing the Crown bears the onus to prove a breach on a balance of probabilities. If the court finds that a breach occurred, the accused bears to onus to justify the continuation of the conditional sentence. The court may do one of three things: take no action, order that the accused serve a portion of the conditional sentence in custody, or terminate the conditional sentence and order that the accused serve the remainder of the conditional sentence in custody.Remission
A conditional sentence is a carceral sentence. However, the accused is ineligible for remission. Typically accused persons sentenced to custody are given a one day reduction for every two days served provided the accused is of good behaviour and follows the institutional rules (see sec. 6 of the Prisons and Reformatories Act). This results in the vast majority of accused persons serving two thirds of their sentence. Therefore, where the conditions of the conditional sentence resemble incarceration (e.g. a conditional requiring the accused person to reside in a secure psychiatric hospital), the conditional sentence may actually be more harsh than a carceral sentence (i.e. a two year conditional sentence which is effectively served in an institution is equivalent to a three year prison sentence since a person sentenced to three years would be eligible for mandatory release after two thirds of the sentence).Controversy
Conditional sentences are controversial among some Canadians as being too lenient. For example, Mothers Against Drunk DrivingMothers Against Drunk Driving
Mothers Against Drunk Driving is a non-profit organization in the United States that seeks to stop drunk driving, support those affected by drunk driving, prevent underage drinking, and overall push for stricter alcohol policy...
have argued that they should not be available to persons convicted of impaired driving.
Former justice minster
Minister of Justice (Canada)
The Minister of Justice is the Minister of the Crown in the Canadian Cabinet who is responsible for the Department of Justice and is also Attorney General of Canada .This cabinet position is usually reserved for someone with formal legal training...
Vic Toews
Vic Toews
Victor "Vic" Toews, PC QC MP is a Canadian politician. He has represented Provencher in the Canadian House of Commons since 2000, and currently serves in the cabinet of Prime Minister Stephen Harper as Minister of Public Safety. He previously served in the Legislative Assembly of Manitoba from...
, then justice critic
Shadow Cabinet
The Shadow Cabinet is a senior group of opposition spokespeople in the Westminster system of government who together under the leadership of the Leader of the Opposition form an alternative cabinet to the government's, whose members shadow or mark each individual member of the government...
for the Conservative Party of Canada
Conservative Party of Canada
The Conservative Party of Canada , is a political party in Canada which was formed by the merger of the Canadian Alliance and the Progressive Conservative Party of Canada in 2003. It is positioned on the right of the Canadian political spectrum...
, has also criticized them, saying that Canada needs to "get the drug men and the gunmen off the streets and get rid of conditional sentences." In 2008, Stephen Harper
Stephen Harper
Stephen Joseph Harper is the 22nd and current Prime Minister of Canada and leader of the Conservative Party. Harper became prime minister when his party formed a minority government after the 2006 federal election...
noted that in Saskatchewan 39 per cent of criminals sentenced to house arrest were sent back to jail for breaching their conditions. In addition, thousands convicted of crimes of violence, including homicides and sexual assaults have been given conditional sentences.
Proponents of conditional sentences, however, have noted that the courts must not give a conditional sentence if it believes the offender will endanger the community. Furthermore, only a minority of offenders breech their conditions or reoffend, and that conditional sentencing saves taxpayers over $50,000 per inmate each year.