Crime Canada

Sentences explained

Conditional sentences (house arrest) in Canada

A conditional sentence is a jail sentence served in the community, often under house arrest. It is a conviction, but it keeps people out of jail.

Updated Source: Criminal Code, ss. 742 to 742.7 (conditional sentences)Français

Who qualifies

  • The judge would otherwise impose a jail sentence of less than two years.
  • Serving the sentence in the community would not endanger the public and fits the purposes of sentencing.
  • The offence has no minimum jail term and is not among the excluded offences, such as attempted murder, torture, advocating genocide and certain terrorism or criminal organization offences.

Typical conditions

  • The same mandatory conditions as probation, plus reporting to a supervisor.
  • House arrest for part or all of the sentence, with exceptions for work, school, medical care and court.
  • Curfews, no-contact orders, treatment, community service, no weapons, and sometimes no alcohol.

If a condition is broken

An alleged breach leads to a hearing. If the court finds the breach proven, it can take no action, change the conditions, suspend the order and send you to jail for part of the time, or end it and send you to jail for the rest of the sentence (s. 742.6).

Conditional sentence or probation?

Probation is not a jail sentence. A conditional sentence is a jail sentence served at home, which is why its conditions are usually stricter. Both lead to a conviction unless probation is part of a discharge.

Questions people ask

Is house arrest a criminal record?

Yes. A conditional sentence follows a conviction. You can apply for a record suspension five or ten years after the sentence is finished, depending on how the offence was prosecuted.

Can I go to work on a conditional sentence?

Usually yes. House arrest orders normally allow work, school, medical appointments and court. Each exception must be in the order or approved by the supervisor.

Who can get a conditional sentence after the 2022 changes?

Changes in 2022 (Bill C-5) made conditional sentences available again for many offences that had been excluded, as long as there is no minimum jail term, the sentence is under two years and the community is safe.

Sources

General information on Canadian law, not legal advice for your situation. Rules change and differ between provinces: speak to a lawyer about your case.

Facing jail time?

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