Criminal Sentencing Options in Canada

The main sentencing options

From least to most serious:

Absolute discharge

• A finding of guilt, but no conviction and no conditions.
• Available only if there is no minimum and the maximum is under 14 years (s. 730).

Conditional discharge

• A finding of guilt, but no conviction, as long as you complete probation.
• Same rule as an absolute discharge.

Suspended sentence

• A conviction, with probation instead of a sentence (s. 731).
• Not available if the offence has a minimum.

Fine

• A conviction. It can be combined with probation.

Conditional sentence

• A conviction. A sentence under two years served in the community, often with house arrest (s. 742.1).

Intermittent sentence

• A conviction. Jail of 90 days or less, served on set days, usually weekends (s. 732).

Jail

• A conviction. Under two years is served in a provincial jail. Two years or more is served in a federal penitentiary.

How judges decide

Judges apply a set of principles:

• Proportionality. The sentence must fit the offence and your responsibility.
• Parity. Similar people in similar cases should get similar sentences.
• Restraint. Jail should not be used if a less restrictive sentence is appropriate.
• Aggravating and mitigating factors. Things that make the offence more or less serious, or that speak to your character.

Courts must pay particular attention to the circumstances of Indigenous people (s. 718.2(e)). See how sentencing works in Canada.

Since July 15, 2026, judges must also treat some new factors as aggravating, including a violent conviction in the last five years and offences against first responders or transit workers.

Mandatory minimum sentences

Some offences have a mandatory minimum. When they do:

• A discharge or suspended sentence is not available.
• A conditional sentence is not available if the minimum is jail.

Many minimums were repealed in 2022, so the current law for your charge has to be checked. Bill C-16, passed in June 2026, lets judges go below a mandatory minimum in rare cases where it would be grossly disproportionate. It does not apply to murder or high treason.

Additional orders

A sentence can come with other orders, such as:

• A victim surcharge. 30% of any fine, or $100 for a summary offence and $200 for an indictable offence, unless it would cause undue hardship (s. 737).
• Restitution to the victim.
• A weapons or driving prohibition.
• A DNA order.
• A sex offender registry order, for certain offences.

Preparing for sentencing

Good preparation can change the result. You may be asked for:

• Letters from employers, teachers, faith leaders or community members.
• Proof of counselling, treatment or programs completed.
• Proof of repayment to the victim.
• Documents showing how a conviction would affect your job, schooling, family or immigration status.
• Medical or psychological reports, where they are relevant.

For example, a person who starts counselling while on bail and brings proof to sentencing is in a much stronger position than someone who starts the week before.

Read what to do in the first 24 hours after an arrest.

Sentencing in Peel courts

Sentencing for Peel cases takes place at the Brampton courthouse. If the judge orders a pre-sentence report, the hearing is usually put off for several weeks while a probation officer interviews you and others. See our Brampton courthouse guide.

How your sentence affects your record

The outcome decides what goes on your record. A discharge is not a conviction and is removed from the national system after 1 or 3 years. A conviction stays until a record suspension is granted. See criminal records in Canada.

Frequently asked questions