How Criminal Sentencing Works in Canada

The short answer

After a guilty plea or a finding of guilt, there is a sentencing hearing. The Crown and the defence each tell the judge what sentence they think is right, and why. The judge then decides, using the principles set out in the Criminal Code. The key rule is that the sentence must fit both the seriousness of the offence and your degree of responsibility (s. 718.1). Good preparation before the hearing can make a real difference to where you land within the possible range.

The purposes of sentencing

Section 718 of the Criminal Code lists the purposes of sentencing. They include denouncing the conduct and deterring the offender and others. They also include separating offenders from society where needed, and helping offenders rehabilitate. Finally, they include repairing harm to victims and promoting a sense of responsibility. Judges balance these purposes differently in each case.

The sentencing hearing

1. The Crown's submissions: The Crown describes the offence and any criminal record, and states its position.
2. The defence submissions: The defence presents your background and any mitigating evidence, and states its position.
3. Victim impact statements: A victim may read a statement or file one in writing.
4. Your chance to speak: You may address the court before the sentence is imposed.
5. The decision: The judge decides, sometimes on the same day and sometimes at a later date.

The sentencing principles

• Proportionality (s. 718.1): The sentence must fit the offence and your responsibility.
• Parity (s. 718.2(b)): Similar offenders in similar cases should receive similar sentences.
• Totality (s. 718.2(c)): Several sentences served together must not be unduly long or harsh.
• Restraint (s. 718.2(d)): Jail should be avoided when a less restrictive sentence is appropriate.
• Alternatives to jail (s. 718.2(e)): Courts must consider all reasonable alternatives to jail, with particular attention to the circumstances of Indigenous offenders.

Aggravating factors

Under s. 718.2(a), several factors can increase a sentence:

• Hate or bias: The offence was motivated by hate or bias against an identifiable group.
• Abuse of a partner or family member: The offence involved abuse of an intimate partner, a family member or a person under 18.
• Abuse of trust: The offender abused a position of trust or authority.
• Impact on the victim: The offence had a significant impact on the victim.
• Organized crime or terrorism: The offence was linked to a criminal organization or terrorism.

Since July 15, 2026, several new factors have also been treated as aggravating. These include a prior violent conviction within the last five years, and offences against first responders or public transit workers.

Mitigating factors

Factors that can lower a sentence include having no criminal record, an early guilty plea and genuine remorse, counselling or treatment, repayment to the victim, and strong ties to family, work and the community.

Reports that can help

• Pre-sentence report: A probation officer interviews you and other people in your life, then writes a report about your background for the judge.
• Gladue report: For Indigenous people, this report explains how systemic and background factors have affected the person being sentenced.

Credit for time in custody

If you spent time in custody before sentencing, the judge can give you credit for it, generally up to 1.5 days for each day served (s. 719(3.1)).

For example, 60 days in custody before sentencing can count as up to 90 days toward the sentence.

Joint submissions

When the Crown and the defence agree on a sentence, it is called a joint submission. Judges give joint submissions significant weight and rarely depart from them, which is why negotiating a fair joint position can bring certainty to the outcome.

Additional orders

A sentence can come with other orders. These may include a victim surcharge of 30% of any fine, or a fixed amount if no fine is imposed, unless it would cause undue hardship (s. 737). The court must also consider restitution to the victim in every case (s. 737.1). Depending on the offence, there may also be a weapons or driving prohibition, a DNA order or a sex offender registry order.

Preparing for your sentencing hearing

• Gather letters of support from employers, teachers and community members.
• Get proof of work, school, counselling or treatment.
• Think about what you want to say to the court, and practise saying it.
• Gather documents that show how a conviction would affect your job, family or immigration status.

Mandatory minimum sentences

Some offences carry a mandatory minimum sentence. When a minimum applies, a discharge and a suspended sentence are not available. A conditional sentence is also not available if the minimum is a jail term. Many minimums were repealed in 2022, so the current law for your charge must be checked. Bill C-16, passed in June 2026, lets judges go below a mandatory minimum in rare cases. This applies only where the minimum would be grossly disproportionate. It does not apply to murder or high treason. Where a short jail sentence of 90 days or less is imposed, the judge may allow it to be served on weekends as an intermittent sentence.

Victim impact statements

Victims have the right to tell the court how the offence affected them. They can do this in writing or by reading a statement aloud. The judge must consider these statements. A statement can describe harm, but it should not argue for a specific sentence unless the court allows it.

Appealing a sentence

Both the Crown and the defence can appeal a sentence they believe is unfit or based on a legal error. Appeals have strict time limits, usually 30 days from the date of sentencing, so speak to a lawyer right away if you think your sentence was wrong. An appeal court does not simply substitute its own view of the right sentence. It intervenes only where the sentence is clearly unfit or the judge made an error that affected the result.

How we can help

We can prepare your sentencing evidence, negotiate with the Crown and present the strongest case for the sentence you need. Call (647) 223-1980 for a free consultation.

Frequently asked questions