What is a conditional sentence served in the community?
Short answer
A conditional sentence of imprisonment, set out in section 742.1 of the Criminal Code, allows a sentence of less than two years to be served in the community rather than in custody. The court has to be satisfied that this does not endanger the safety of the community and that no minimum term of imprisonment is prescribed.
In detail
Four conditions have to come together: the sentence imposed is imprisonment of less than two years; the court is satisfied that serving it in the community does not endanger the safety of the community; it is consistent with the purpose and principles of sentencing in sections 718 to 718.2; and the offence carries no minimum term of imprisonment.
Certain offences are expressly excluded, in particular attempted murder, torture and advocating genocide, as well as certain terrorism and criminal organization offences prosecuted by indictment.
A conditional sentence is not the absence of a sentence. It comes with mandatory and often restrictive conditions — house arrest, a curfew, no-contact conditions. Failing to comply with them can lead to serving the rest of the sentence in custody.
What to document
Keep the written copy of the order and of every condition, with the start and end dates. Document that you are complying: authorized work hours, permissions to be out, appointments, attestations. If a breach is alleged, it is this day-to-day documentation that carries weight.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.