A Court has a wide range of discretion and several options in the “sentencing toolkit” when determining a fit and proper sentence for an offender. While a Court has this discretion, it may also be bound by statutorily imposed minimum or maximum sentences for some offences. Additionally, some courts have set “starting-point” sentences for certain offences to limit unjustified disparity and to provide guidance when sentencing.
The types of sentences that a court can impose on an offender include:
- Discharges
- Fines
- Probation Orders
- Conditional Sentence Orders
- Imprisonment
Discharges
Absolute Discharge
An absolute discharge is a sentence that allows a person to avoid a criminal conviction and is often said to be a “slap on the wrist”. When an offender has been granted an absolute discharge, they will not receive a criminal conviction and will be discharged without needing to take any further action. Absolute discharges are rare and typically only given in exceptional circumstances.
Conditional Discharge
Unlike an absolute discharge, a conditional discharge requires a term of compliance with conditions. The offender must comply with the conditions of the conditional discharge for a certain period before being “discharged” of the offence. The term of the order may be up to three years. Conditions of the order may include reporting to probation, participating in counselling, and undertaking community service work. If an offender fails to comply with the conditions of a conditional discharge, they may face a criminal conviction of the original offence and further criminal charges.
Fines
A fine is a sum of money that is to be paid to the court. The maximum fine amount that can be imposed for summary conviction offences is $5,000. A Court can order that a fine be paid immediately or can grant time to pay a fine. If an offender does not pay the fine by a specified due date, they may be taken into custody to serve the default jail term.
In Alberta, offenders may also work off fines by completing community service work through the Fine Options Program. If an offender agrees to participate in this program but fails to complete the program or pay the outstanding balance, they may be taken into custody to serve the default jail term.
Probation
Probation is a period of supervision where the offender must abide by conditions. The term of a probation order may be up to three years. Conditions of a probation order can include:
- Reporting to a probation officer.
- Attending assessment, treatment, or counselling.
- Completing community service hours.
- Abstaining from alcohol or other intoxicating substances.
- No contact with certain individuals.
- Maintaining employment or education.
- Abiding by a curfew.
- Remaining in the province of Alberta.
It is important to stay in excellent communication with your probation officer, as failure to abide by the conditions of a probation order may lead to further criminal charges and potential imprisonment.
Condition Sentence Order
A conditional sentence order is a jail sentence that is served in the community and is often thought of as the last step before actual jail. A conditional sentence order is more restrictive than a probation order and typically involves a period of house arrest or curfew.
Conditional sentence orders are only available where an offender would otherwise be sentenced to less than two years imprisonment. A court will only impose a conditional sentence order where it is satisfied that the offender is not a risk to the community. There are some offences that will not be eligible for a conditional sentence order.
The consequences for breaching a conditional sentence order can be significant. A breach of the conditional sentence order may result in the “collapse” of the order and the offender will be required to serve the remaining period of the order in jail.
Imprisonment
An imprisonment sentence will be imposed when no other sentence is appropriate. If an offender is sentenced to imprisonment, they will serve their sentence in custody. If an offender is held in custody prior to sentencing, any pretrial custody can be credited toward the offender’s total jail sentence.
An offender will either serve their sentence at a provincial jail or federal penitentiary. If an offender receives a sentence of less than two years, after any deductions for pretrial custody, the offender will serve their sentence in a provincial jail. If an offender receives a sentence of two years or longer, they will serve their sentence in a federal penitentiary. If you receive a federal sentence, you may be eligible for early release through the Parole Board of Canada.
An intermittent sentence may also be available if the court imposes a sentence of imprisonment that is 90 days or less. An intermittent sentence is a jail sentence that is served intermittently, for example, an offender can serve their sentence on weekends. An intermittent sentence may be appropriate where an offender may lose their employment if the sentence were served continuously.
