Conditional Sentences (House Arrest) in Canada

The short answer

A conditional sentence is a jail sentence of less than two years that you serve in the community instead of in a jail. It usually includes house arrest or a strict curfew, along with other conditions. A conditional sentence is still a conviction, and breaking its conditions can send you to jail for the rest of the sentence. For many people, it allows them to keep working and supporting their family while still serving a real sentence.

When a conditional sentence is available

Under s. 742.1 of the Criminal Code, a judge can impose a conditional sentence only when all of the following are true:

• Under 2 years: The sentence is less than 2 years.
• Public safety: Serving the sentence in the community would not endanger the safety of the community.
• Sentencing principles: A conditional sentence fits the purposes and principles of sentencing.
• No minimum jail term: The offence does not carry a minimum term of imprisonment.

Offences that are excluded

Even when those conditions are met, a conditional sentence is not available for certain offences:

• Attempted murder (in some cases), torture and advocating genocide.
• Sexual assault with a weapon or causing bodily harm, and aggravated sexual assault.
• Sexual assault prosecuted by indictment.
• A sexual offence prosecuted by indictment involving a victim under 18.
• Terrorism or criminal organization offences prosecuted by indictment with a maximum of 10 years or more.

Since July 15, 2026, conditional sentences have no longer been available for serious sexual offences prosecuted by indictment. For offences committed before that date, the earlier rules may still apply, so the date of the alleged offence matters.

What is house arrest?

House arrest means staying at home at all times, except for reasons the court has approved, such as work, school, medical appointments, court dates and meetings with your supervisor. Some orders use a curfew instead, which allows more freedom during the day but requires you to be home at set hours.

Mandatory and optional conditions

Every conditional sentence includes standard conditions, such as keeping the peace, appearing in court when required, reporting to a supervisor and telling the supervisor about any change of address or job. The judge can add other conditions, such as:

• No contact: You must not contact certain people, directly or indirectly.
• Substances: You must not consume alcohol or drugs.
• Treatment: You must attend counselling or a treatment program.
• Community service: You must complete a set number of community service hours.

What happens if you breach

If a breach is alleged, the court holds a hearing under s. 742.6. If the breach is proven, the judge can take no action, change the conditions, suspend the sentence and order you to serve part of it in jail, or end the conditional sentence and order you to serve the rest in jail. Because jail is a real possibility, every condition should be treated as strict.

Conditional sentence vs conditional discharge

• Conditional sentence: This is a conviction and a jail sentence that is served in the community.
• Conditional discharge: This is not a conviction. It is probation after a finding of guilt.

See conditional and absolute discharges.

Building a strong conditional sentence plan

A judge needs to be confident that the sentence will work and that the community will be safe. A strong plan usually includes a stable home where you will serve the sentence, a letter from your employer confirming your work hours, proof of counselling or treatment, and a responsible adult who lives in the home and supports the plan.

For example, a plan that shows exactly where you will live, your work schedule and who lives with you is much more persuasive than a general promise to follow the rules.

Effects beyond the sentence

Because a conditional sentence is a conviction, it creates a criminal record, which remains until a record suspension is granted. For non-citizens, a conviction can have immigration consequences under s. 36 of the Immigration and Refugee Protection Act. For a permanent resident, an offence with a maximum of 10 years or more can cause inadmissibility for serious criminality, whatever sentence is imposed. Get immigration advice before you agree to any proposed sentence.

What to do now

• Confirm where you would live and who else lives in the home.
• Ask your employer for a letter that sets out your schedule and duties.
• Gather proof of any counselling or treatment you have started.
• Speak to a lawyer early, because a conditional sentence plan takes time to build.

How long a conditional sentence lasts

A conditional sentence can be any length under 2 years. Judges often impose a longer conditional sentence than the jail term they would otherwise give, because serving a sentence at home is less restrictive than jail. Many orders begin with a period of strict house arrest and then move to a curfew for the rest of the sentence.

Supervision

A conditional sentence is supervised by a probation officer, who is called a supervisor for this purpose. The supervisor may check that you are at home during house arrest hours, either by calling or by visiting. You must answer the door or the phone when they check. Missing these checks is one of the most common reasons for a breach allegation.

Conditional sentences and your job

Many people ask for a conditional sentence so they can keep working. Most orders allow you to leave home for work at set hours, as long as the schedule is approved in advance. If your hours change often, such as shift work or trades work at different sites, your lawyer can ask for conditions that allow for this. Clear proof from your employer makes these requests much easier for the judge to approve.

How we can help

We can build a detailed conditional sentence plan and argue for one where the law allows it. Call (647) 223-1980 for a free consultation.

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