Types of Sentences

• Author: Erin Winocur/Danielle Robitaille/Maya Borooah
• Pages: 155-200



Types of

Sentences

5

I. Peace Bonds ................................................. 

A. Section  Peace Bonds ................................. 

B. Common Law Peace Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

C. Breaches .............................................. 

II. Discharges: Section ........................................ 

A. The Test ............................................... 

B. Revocation of Discharge and Amendments to Order ........... 

III. Suspended Sentence and Probation: Section  ................... 

A. Suspended Sentences.................................... 

B. Probation.............................................. 

IV. Fines ....................................................... 

A. Fine Option Program: Section  ......................... 

B. Terms of the Fine and Obligations of the Court ............... 

C. Consequences of Failure to Pay a Fine....................... 

V. Conditional Sentence of Imprisonment: Section ................. 

A. The Test ............................................... 

B. Advocacy .............................................. 

C. Conditions............................................. 

D. Changes to the Conditions................................ 

E. Transfer of Order........................................ 

F. Breaches: Section . .................................. 

G. New Oences: Section . .............................. 

VI. Jail ......................................................... 

A. Intermittent Sentence: Section  . . . . . . . . . . . . . . . . . . . . . . . . . 

B. Consecutive Versus Concurrent Sentences ................... 

C. Length and Place of Sentence ............................. 

D. Attempted Oences, Accessories After the Fact, Counselling,

and Conspiracy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

VII. Combining Types of Sentences .................................. 

Appendix . Sample Support Letter Guidance .......................... 

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 Sentencing: Principles and Practice

The challenge of crafting a fit sentence that meets the principles of sentencing

outlined in Chapter 1, General Principles, depends in large part on the statutory

tools available. In this chapter, we review the types of sentences available for criminal

oences in Canada. There is a wide range of sentencing options, including discharges,

probation, fines, conditional sentences, and incarceration. Each type of sentence

comes with its own set of considerations, and in some cases obligations, that should

be addressed with clients by counsel well before the sentencing hearing.

While we appreciate the value of precedent in sentencing we also encourage

Crown and defence counsel to consider these options creatively to present courts with

individualized and innovative sentencing plans. As discussed in Chapter 1, General

Principles, both Parliament and the Supreme Court of Canada have encouraged sen-

tencing courts to look beyond incarceration, particularly for marginalized or young

oenders. It is our view that the sentencing options available in Canadian law allow

for innovation in sentencing, and it is our hope that as the law and underlying social

science in this area develop, there will be an increased emphasis on finding new ways

for people to repair the harm caused by criminal activity and, in the process, rehabili-

tate themselves. We look forward to a better understanding of the ways that people

can achieve these goals eectively and thereby reduce the need for incarceration.

I. Peace Bonds

A peace bond is neither an admission of guilt nor a criminal record. It is an agree-

ment with the court to keep the peace and abide by specified additional conditions.

Frequently, a noncontact condition is ordered that aords complainants or witnesses

some protection from the accused, if required. A peace bond can include virtually any

condition provided it is reasonable to “secure the good conduct of the defendant.”1

However, unlike other types of court orders, such as a probation or conditional

sentence order, no one is provided by the state to monitor compliance with the

terms. A breach of a peace bond will be discovered only if the police find the person

to be in breach. Peace bonds are therefore an attractive resolution alternative to a

guilty plea for the Crown and the defence in cases where the primary concerns can be

addressed through the imposition of terms such as prohibiting contact with specific

people, attendance at specified locations, possession of weapons, or the consumption

of intoxicants and where all parties agree there is no need for ongoing supervision or

incarceration.

The jurisdiction to order a peace bond arises statutorily and at common law. The

dierences are discussed in Sections I.A and Section I.B. There are also oence-

specific preventive peace bonds available in the Criminal Code, discussed briefly in

SectionI.A. People who are considering resolving their case by agreeing to a peace

1 Criminal Code, s 810(3.02).

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Chapter  Types of Sentences 

bond need to know that they can be charged with a breach of the bond and that

the bond itself may show up on certain employment-related records searches,

particularly while it is in force.2 It is wise to get written instructions to resolve a case

by peace bond.

A. Section  Peace Bonds

Section 810 of the Criminal Code sets out the jurisdiction and the test for the issuing

of a peace bond. The Criminal Code first requires that an information be sworn that

there are reasonable grounds to believe that the accused “will cause personal injury

to them or to their intimate partner or child or will damage their property.”3 The

issuing justice must be “satisfied” that reasonable grounds exist for the fear to issue

the bond. The defendant will be compelled to appear before a justice. If evidence is

adduced that the person who seeks the protection of section 810 has “reasonable

grounds for the fear,” the justice may order the defendant to be bound over in a

recognizance for a period of up to 12 months, with the requirements that they keep

the peace and be of good behaviour and any other “reasonable conditions … the jus-

tice or court considers desirable to secure the good conduct of the defendant.”4 The

accused can show cause why they should not enter the bond, but normally where the

bond is a precondition to a withdrawal of charges, the accused is content to enter

the bond and does not show cause.5 Section 810(4.1) contains a mechanism for the

variation of condition on the bond.

Unlike common law peace bonds, section 810 peace bonds can be ordered only

by a provincial court justice of the peace or provincial court judge since the section

2 In Ontario, the Police Record Checks Reform Act, 2015, SO 2015, c 30 governs what informa-

tion must be included in police record checks. Both a “Criminal Record and Judicial Matters

Check” and a “Vulnerable Sectors Check” would disclose any peace bonds, but a “Criminal

Record Check” would not. In British Columbia, the Criminal Records Review Act, RSBC 1996,

c 86 governs police record checks. The Ministry of Public Safety and the solicitor general have

also published guidelines: British Columbia Guideline for Police Information Checks (November

2016) online (pdf ): <https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-

justice/police/publications/police-information-checks/police_infochecks_guidelines_

dec16.pdf>. Both a “Police Information Check” and a “Police Information Check with

Vulnerable Sector Screening” would disclose any peace bonds. In Alberta, you can receive a

“Canadian Criminal Record Check” under the Criminal Records Act, RSC, 1985, c C-47, which

would not disclose a peace bond; a “Police Information Check,” which would disclose a peace

bond; or a “Vulnerable Sector Check,” which would also disclose a peace bond.

3 Criminal Code, s 810(1)(a).

4 Criminal Code, s 810(3.02).

5 In addition to being one of the ways Criminal Code charges may be resolved, a s 810 informa-

tion may also be laid to obtain a peace bond independent of the assertion of criminal activity.

In such cases, where the defendant does not agree to enter the peace bond, a hearing may be

held pursuant to the process set out in s 810.

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