Almost 10% of the 105,371 defendants convicted of a criminal offence by Canadian Courts during the 2023-2024 reporting period received a conditional sentence, according to the latest Statistics Canada criminal court data . Yet many Canadians don’t know what a conditional sentence is or its purpose in the criminal justice system.
Mass Tsang’s Greater Toronto Area criminal defence lawyers consider a conditional sentence order a possible favourable outcome when the Crown has overwhelming evidence. Conditional sentencing can thus play a crucial role in plea bargaining for certain clients.
“So, what is a conditional sentence order?” you ask. Read on to learn the answer:
“ A conditional sentence order is often misunderstood as a ‘lighter’ sentence,” says Jeff Mass, co-managing partner at Mass Tsang . “In reality, it’s a custodial sentence served in the community under strict and closely monitored conditions.”
The court’s imposition of a conditional sentence order (CSO) in lieu of incarceration is detailed in Section 742 of the Criminal Code. Unlike probation, a CSO is legally classified as custodial sentencing since it usually includes strict conditions that restrict an offender’s movements and behaviour. CSOs were established to supervise an offender’s behaviour in the community. This approach better promotes rehabilitation and reduces incarceration rates in suitable cases.
It is also tailored to align with sentencing principles detailed in Section 718 of the Code. CSOs provide the criminal justice system more flexibility in meeting the principle of separating offenders from society, “where necessary,” and more options with the principle of assisting in the rehabilitation of offenders.
| Sentence Type | Where It Is Served | Level of Restriction | Criminal Record |
|---|---|---|---|
| Conditional Sentence Order (CSO) | Community (often at home) | High (house arrest, strict conditions) | Yes |
| Jail Sentence | Correctional facility | Very high | Yes |
| Probation | Community | Moderate | Yes |
Canadian judges have the authority to impose a conditional sentence order on convicted offenders in cases in which all the following conditions apply:
| Requirement | Explanation |
|---|---|
| No mandatory minimum | Offence must allow judicial discretion |
| Public safety not at risk | Key deciding factor |
| Aligns with sentencing principles | Must meet s. 718 objectives |
| Not excluded offence | Certain offences are ineligible |
“ Securing a conditional sentence is highly case-specific,” explains Robbie Tsang . “Courts need to be confident that the offender does not pose a risk and that community supervision will meet the goals of sentencing.”
In the interest of public safety, judges tend to reserve the use of CSOs in sentencing to those convicted of non-violent offences. However, a judge may consider the imposition of a CSO for certain violent or sexual offence convictions in cases in which the offender provides mitigating factors that suggest a decreased likelihood of re-offending or being a threat to the public. Factors defence lawyers raise to help encourage a judge to consider a CSO in such cases include:
Section 742.3(1) of the Code details the compulsory conditions an offender must comply with during their CSO term. These include:
| Condition Type | Examples |
| Mandatory (Required by law) | Keep the peace, report to supervisor, attend court |
| Optional (Judge decides) | House arrest, curfew, no alcohol, treatment programs, electronic monitoring |
Section 742.3(2) of the Code grants judges authority to impose numerous optional conditions that offenders must comply with under the terms of their CSO. These can include, but are not limited to:
The criminal defence lawyers of Mass Tsang are committed to securing the most favourable outcomes for their Greater Toronto Area clients facing criminal charges. In some cases, avoiding incarceration with the imposition of a conditional sentence order represents the best outcome possible for a client. Mass Tsang lawyers carefully evaluate all elements of every case they work on to strategize the most effective criminal defence to secure the most reasonable and favourable outcome for their clients. To learn how we can strategize an effective defence for your criminal charges, contact us today for a free consultation.
A: Canadian courts generally consider those willing to plead guilty as more favourable candidates for CSOs than those who fight their charges. Courts consider a guilty plea as a significant mitigating factor for sentencing purposes, helping boost the argument in favor of community-based supervision offered by the CSO.
A: Breaching a CSO is not a criminal offence but can lead to significant judicial penalties. If the court is notified of a potential breach, it can order the offender’s arrest or a summons to appear in court for a breach hearing. The court uses this hearing to determine whether the alleged breach occurred and consider “reasonable excuses” for the breach, if presented by the offender. Depending on the judge’s findings, the court can:
| Outcome | What It Means |
|---|---|
| No action | Court accepts explanation |
| Conditions tightened | More restrictions imposed |
| Suspension | Temporary custody |
| Termination | Full sentence served in jail |
A: Ankle monitoring is not an automatic condition of CSO but is an optional condition judges may impose on high-risk offenders.
A: Once you’ve successfully completed your conditional sentence term in Ontario, all your legal obligations under the CSO are over. However, you will remain under the continued supervision of the criminal justice system if the trial judge also imposes a separate probation order to follow the CSO term.
A: CSOs are generally not available for DUI convictions because the charges carry mandatory minimum sentencing guidelines.
A: The conviction itself becomes part of your permanent criminal record , which can only be removed by a record suspension by the Parole Board of Canada. However, if your criminal defence lawyer can also negotiate a discharge as part of your sentencing, the record will be removed within one to three years.
A: Yes, CSOs are often structured to allow an offender to go to work, see loved ones, and participate in necessary or court-approved outside-the-home activities. A skilled criminal defence lawyer can be instrumental in ensuring that a CSO can be finely tailored to allow outside-the-home activities.
