Crime Canada

Sentences explained

Probation in Canada: conditions, length and breaches

A probation order lets a person serve part or all of a sentence in the community under conditions. Here are the rules.

Updated Source: Criminal Code, ss. 731 to 733.1 (probation)Français

When probation is ordered

A judge can order probation on its own after suspending the sentence, together with a fine, after a jail term of two years or less, with an intermittent sentence, or as part of a conditional discharge. Probation cannot last more than three years.

Conditions every order has

  • Keep the peace and be of good behaviour.
  • Appear before the court when required.
  • Tell the court or the probation officer in advance about any change of name, address or job.

Common optional conditions

  • Report to a probation officer and stay under supervision.
  • No contact with named people, or not going to certain places.
  • Counselling or treatment programs, community service (up to 240 hours over 18 months).
  • No weapons, or no alcohol or drugs where linked to the offence.

Changing or ending probation early

You, the probation officer or the prosecutor can ask the court to change the optional conditions or shorten the order, for example after a long period of good compliance or when a condition stops you from working.

Breach of probation

Failing to follow a probation order without reasonable excuse is a criminal offence (s. 733.1), punishable by up to four years in prison when prosecuted by indictment. If the probation was attached to a suspended sentence or a conditional discharge, the court can also revoke it and sentence you for the original offence.

Questions people ask

Does probation give you a criminal record?

Probation itself is part of a sentence. If it follows a conviction, you have a criminal record. If it is part of a conditional discharge, there is no conviction, and the record of the discharge is removed from police databases three years after the order.

Can I travel while on probation?

Only if your conditions allow it. Some orders require permission to leave the province. Travel to other countries is also affected by your record, not just by probation.

What happens if I miss a meeting with my probation officer?

If reporting is a condition, missing it without a reasonable excuse can lead to a breach charge. Contact the officer right away and explain; keep proof of the reason.

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 a sentence or a breach charge?

A defence lawyer can argue for the lightest sentence, a discharge or workable probation conditions, and defend breach charges. Tell us what happened and an independent lawyer will contact you. The first consultation is free and confidential.

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