The judge is responsible for deciding what sentence to impose once a person has been found guilty of committing a crime. The sentence must be proportionate to the gravity of the offence and the offender’s degree of responsibility. He will decide what sentence is best in light of the circumstances of the offence and the offender’s personal situation. A person who steals a cow will in theory be more severely punished than someone who steals an egg.

To learn more about the fundamental principles of sentencing, consult the Infosheet entitled Sentencing in Canada.

The death penalty was abolished in 1976, therefore, life imprisonment is the harshest sentence that can be imposed in Canada.

Imprisonment means that a person is deprived of his liberty. It is therefore used as a last resort in the gravest cases where no other punishment is appropriate. Sometimes it is necessary to deprive a dangerous person of his liberty to punish him and to prevent him from re-offending. Most people believe that imprisonment is a deterrent, i.e., fear of prison convinces a majority of citizens to walk the straight and narrow path.

Under the Criminal Code, people sentenced to less than two years imprisonment are sent to a prison, which is administered by the province. On the other hand, individuals sentenced to more than two years imprisonment are incarcerated in a penitentiary, administered by the federal government of Canada. These detention facilities are classified as minimum, medium, or maximum security. For the purposes of this Infosheet, the term prison includes a penitentiary.

The court decides whether the sentences will be served concurrently (at the same time) or consecutively (one after the other) when a person is found guilty of several offences and sentenced to prison for several or each of these offences.

The sentences are usually served concurrently if the offences were committed at the same time or arose from the same incident. However, the sentences are generally served consecutively if there is no connection between the offences. This is not an absolute rule and the judge need not follow it in certain cases.

For example, during an argument Matthew threatens to kill Claude, hits him in the face and breaks both his nose and his glasses. Several weeks later, Matthew tries to flee in his car from the police, who want to arrest him. During his flight, he runs three red lights, drives 120km/h in a 30km/h zone, and fails to stop when signalled by the police.

Matthew is found guilty of mischief, uttering death threats, assault causing bodily harm and flight (fleeing from the police).

Given his previous convictions, the judge sentences him to three months in prison for mischief, three months in prison for uttering death threats, and 12 months in prison for the assault causing bodily harm. The three sentences are to be served concurrently, or at the same time.

The judge also sentences him to six months in prison for flight. The judge then decides this sentence will be served consecutively with the other sentence. It will therefore be added on to the 12-month sentence imposed for assault causing bodily harm.

Matthew must therefore serve a total of 18 months in prison.

Yes. The court can order that a sentence be served intermittently, for example on the weekends, if it is less than 90 days.

Therefore, an offender can be sentenced to 30 days in prison to be served every Saturday and Sunday for 15 weeks. The judge will also order the offender to comply with the conditions in a probation order when he is not in prison, i.e. Monday to Friday.

However, there is not always room in prison for people who receive this type of sentence due to prison overpopulation. All too often they will just sign a register and can then return home. This is why some judges refuse or are hesitant to impose an intermittent prison sentence.

The difference is the place where the person will be detained. A prison sentence will be served within the prison walls under the continuous supervision of the prison guards.

However, a person sentenced to a conditional sentence of imprisonment will serve his sentence within the community. He must comply with the conditions imposed by the court and is supervised by a probation officer.

Please consult the Infosheet entitled Conditional sentence of imprisonment to learn more about conditional prison sentences.

The court can order a person found guilty of an offence for which there is no minimum prison sentence to pay a fine. Money paid as fines is not given to crime victims, but is kept by the various governments. However, an additional amount is tacked on to fines imposed in statements of offence issued under a Quebec law. This sum of money is more commonly called a surcharge and is paid to organizations that help crime victims. For example, it is added to fines given in a statement of offence issued under the Highway Safety Code, but not where the statement is issued under a municipal by-law.

A fine can be imposed on its own, or in addition to another punishment, such as a prison term or a probation order. However, this is rarely the case.

The maximum fine under the Criminal Code for a physical person convicted of a summary conviction offence is $5,000. The maximum amount a legal person (eg. a company) may be fined is $25,000. There is no maximum fine for indictable offences.

Read the Infosheet entitled Introduction to criminal and penal law to learn more about the difference between a summary conviction offence and an indictable offence.

The judge must consider the offender’s resources before imposing a fine to ensure that he can pay it.

The judge can order that the fine be paid immediately, or grant the offender a period within which to pay - for example, three months. The court can extend this period under certain circumstances if requested by the offender.

The court can issue a warrant of committal in lieu of the fine if it is not paid in full within the period for doing so and the offender refuses to pay without a reasonable excuse. The convicted person will then be sent to prison for a term corresponding to the unpaid portion of the fine. The term of imprisonment is calculated according to a mathematical formula found in the Criminal Code.

The court can delay sentencing if an accused is found guilty of a criminal offence for which there is no minimum sentence. The judge in this case does not impose a sentence, but orders the offender to comply with conditions set out in a probation order. This is what is commonly called a suspended sentence.

The file is simply closed once the probation order has expired and the guilty person has complied with all the conditions therein. However, the offender may be brought back before the court if he fails to comply with the conditions in the probation order. The judge may then impose a sentence for the initial offence, such as a fine or a prison term.

This type of sentence is used with drug addicts, for example. The judge can issue a probation order ordering the drug addict to participate in a detoxification program. His case is settled if the offender completes the treatment. If he drops out of the program, however, he can be brought back before the judge and sentenced for failing to comply with the conditions of probation.

A person can also be charged with breach of probation and sentenced for this second offence.

A probation order is a document issued by the judge ordering the offender to comply with certain conditions. A probation order can only be issued for a maximum of three years. It can be for a shorter period, but is rarely less than a year. This measure is meant to keep the offender on the right path and prevent him from re-offending.

As previously mentioned, a probation order can be issued on its own, for example, where the judge imposes a suspended sentence. It is usually added on to a prison sentence of less than two years, a fine, or a discharge.

A probation order must include the following conditions:

1. to keep the peace and exhibit good behaviour;
   
2. to appear before the court when ordered to do so;
   
3. to notify the court or the probation officer of any change of address, name, employment or occupation.

and may include the following conditions:

1. to report regularly to a probation officer;
   
2. to obtain written permission from the court or the probation officer to leave the territory;
   
3. to abstain from consuming alcohol or drugs;
   
4. to abstain from possessing a weapon;
   
5. to abstain from communicating with certain identified individuals (victim, witness, accomplice, individual with a police record);
   
6. to perform community service;
   
7. to participate in a treatment program, etc.

A person on probation may or may not be supervised by a probation officer who ensures the conditions of probation are being complied with and keeps track of how the offender is doing. A person who fails to comply with the conditions in a probation order without reasonable excuse is commits an offence.

The court may grant a discharge when someone is found guilty of a criminal offense. The person is considered guilty, but he does not receive any other sanctions. The sentencing judge decides whether or not to grant a discharge. A discharge is “conditional” if it is given with a probation order; otherwise it is “absolute.”

A person who receives a discharge can claim that he was never convicted of the offense. After a certain delay, the person’s criminal record won’t contain any trace of the sentence and the person can ask for the information to be removed from the court’s computer system.

The court can grant a discharge if the following three conditions are satisfied:

1. The person was found guilty of an offence for which there is no minimum punishment and the offence is not punishable by imprisonment for life or by a maximum imprisonment of 14 years;
   
2. The judge considers that the discharge is in the best interest of the person found guilty;
   
3. The judge considers that the discharge is not contrary to public interest.

The court may find that a discharge is appropriate where the gravity of the offense committed is less than the consequences of a conviction for the person found guilty. For example, a judge may discharge a bank employee found guilty of possessing a marijuana joint so he does not lose his job because he was convicted.

To find out more, read our Infosheet called Entering the United States with a criminal record.

Yes. The court can order the convicted person to pay the victim a specific sum of money as compensation for losses suffered as a result of the offence if the damages can be easily assessed. The judge will take the offender’s ability to pay into account in his analysis, and reimbursing the victim has priority over imposing a fine.

The judge can also order that the victim be compensated for damages in a probation order. The offender can therefore be charged for breach of probation if he fails to reimburse the victim.

The court that hands down a sentence or grants a discharge must order the offender to pay a victim fine surcharge, i.e., an amount equal to 15% of the fine imposed for the offence. The victim fine surcharge will vary between $50 and $100 according to the type of offence if there is no fine.

The judge may impose a greater fine surcharge if justified in the circumstances and she believes the offender has the ability to pay. The court can order that no surcharge be imposed if the convicted person can establish that paying a surcharge will cause him undue hardship.

Amounts paid as victim fine surcharges are used to help crime victims. In Quebec, these amounts are paid to the Centre d’aide aux victimes d’actes criminels (C.A.V.A.C).

There is an automatic prohibition on driving if an individual is found guilty of impaired driving while under the influence of alcohol or drugs. The prohibition on driving lasts for at least one year for a first offence. More serious cases or each successive offence will result in a longer prohibition.

The court can also order that a person be prohibited from driving if convicted of using a vehicle to commit a criminal offence, for example, criminal negligence resulting in death or bodily harm, manslaughter, dangerous driving, flight, etc.

The court can prohibit an offender from possessing firearms for long periods, especially if the crime was violent.