Understanding Conditional Sentence Orders (House Arrest) in Canada

A Conditional Sentence Order (CSO), often referred to as “house arrest,” is a sentencing option in Canadian criminal law that allows individuals to serve their sentence in the community under strict conditions rather than in a jail or prison. It is governed by section 742.1 of the Criminal Code and is available only in specific circumstances.

What Is a Conditional Sentence Order?

A CSO is a sentence of imprisonment that is served in the community. Although the person is not physically behind bars, the sentence is still considered a custodial sentence, and serious conditions will apply.

These may include strict curfews, mandatory counseling, abstaining from drugs or alcohol, community service, and electronic monitoring. A CSO is meant to promote rehabilitation while holding the offender accountable outside the traditional correctional system.

Eligibility and Legal Framework

Under section 742.1 of the Criminal Code, an offender may receive a conditional sentence if:

The court imposes a sentence of less than two years;
The offence is not punishable by a mandatory minimum term of imprisonment;
The offence is not excluded by specific provisions (e.g., terrorism, organized crime, certain violent crimes);
The court is satisfied that serving the sentence in the community would not endanger the safety of the public;
A conditional sentence is consistent with the fundamental purpose and principles of sentencing, including proportionality and rehabilitation.

As clarified in R. v. Proulx, 2000 SCC 5, a leading Supreme Court decision, a CSO is intended to balance the goals of denunciation, deterrence, and rehabilitation. The Court emphasized that it is not a lenient sentence, and violating its terms can lead to significant consequences.

Examples of Offences That May Qualify

Conditional sentences are often granted for non-violent offences, such as:

Fraud under $5,000
Theft or property crimes
Driving offences causing bodily harm (in rare cases)
Drug possession or trafficking (for first-time offenders and non-serious circumstances)
Assault causing bodily harm (depending on the facts)

However, serious violent crimes, sexual offences, and offences involving a weapon or threat of harm are generally ineligible.

Common Conditions in a Conditional Sentence Order

Conditions will vary but typically include:

House arrest (remain at home unless for approved purposes)
No contact with the victim(s)
Reporting to a supervisor (probation officer)
Curfew
Community service
Attending treatment programs

These are enforced strictly. A breach of any term can trigger a review and revocation of the sentence.

What Happens If You Breach a Conditional Sentence?

If you breach a CSO, section 742.6 allows the Crown to bring an application before the court. The judge has the discretion to:

Take no action if the breach was minor or excusable;

Change the optional conditions of the sentence;

Suspend the CSO and order incarceration for the remainder of the sentence.

In most serious breach cases, especially those involving new criminal charges or flagrant disobedience, the judge will terminate the CSO and order the person to serve the rest of the sentence in custody.

A conditional sentence is a conviction and will appear on your criminal record unless a record suspension (pardon) is later granted. It differs from discharges, which do not result in a criminal conviction. A CSO should be taken seriously and carefully followed failure to do so can quickly turn community time into jail time.

If you are facing criminal charges and hope to avoid jail, it is crucial to speak with a lawyer about your eligibility for a CSO. Each case turns on its specific facts, your background, and the risk posed to the public.

Legal representation can help you make a strong case for serving your sentence in the community rather than behind bars.

Contact Linh Pham at (306) 502-5987 for experienced legal support and a free consultation.

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