Suspended Sentence
A suspended sentence is a court order under section 731(1)(a) of the Criminal Code that registers a conviction but holds the sentence itself in abeyance, on the condition that the offender complies with a probation order. If the probation order is completed without breach, the suspended sentence stands — the offender is not separately punished beyond the probation. If the probation is breached, the court can reinstate the case for sentencing on the original offence.
Mass Tsang's criminal lawyers argue for the lowest available outcome in every case — discharge where eligible, suspended sentence where not. For more on sentencing, see our blog post on sentencing in Canadian criminal law.
Suspended sentence vs. discharge
The critical distinction: a suspended sentence is a conviction — it creates a criminal record. A conditional discharge is a finding of guilt without a conviction — no criminal record results if probation is completed. Both involve probation; both are imposed in similar fact patterns. But the long-term consequences differ dramatically. Where the discharge eligibility criteria are met (no mandatory minimum, offence not punishable by 14+ years, best interest of accused, not contrary to public interest), the discharge is almost always preferable.
When suspended sentences are imposed
Suspended sentences are common in: low-to-mid-range first-offender matters where a discharge cannot be granted; matters where the offence carries a mandatory minimum but the court can still suspend the imprisonment (in limited configurations, now rare after Bill C-5); cases involving Crown opposition to discharge but agreement on a non-custodial outcome; and matters where the offender's circumstances warrant supervision without immediate punishment.
The probation component
Suspended sentences require an accompanying probation order under section 731. Probation can run for up to three years. The conditions include the mandatory statutory conditions and any optional conditions the court considers desirable — reporting, abstinence, no-contact, counselling, community service, restitution. The probation is the operative consequence of the suspended sentence; serious compliance is essential.
Breach and reinstatement
Breach of probation while on a suspended sentence is itself a criminal offence under section 733.1. The Crown can also bring an application under section 732.2(5) to revoke the probation order and resentence on the original conviction. The court has broad discretion on resentencing — it can impose any sentence that would have been available originally, including custody where appropriate.
Record consequences
Because the suspended sentence is a conviction, it creates a criminal record. Record suspension wait times run from the completion of probation: 5 years for summary convictions, 10 years for indictable convictions. Immigration consequences attach as they would to any conviction. The conviction shows on standard background checks.
Related glossary terms
