Intermittent (Weekend) Sentences in Canada

The short answer

An intermittent sentence lets you serve a short jail term in pieces, usually on weekends, instead of all at once (s. 732 of the Criminal Code). It is only available when the jail term is 90 days or less. For the rest of the time, you are on probation and can keep working, going to school or caring for your family. When a short jail term cannot be avoided, an intermittent sentence can significantly limit the disruption it causes to your employment, education and family responsibilities. This guide explains when it is available and how to prepare. See our sentencing page for an overview.

When it is available

The court may order an intermittent sentence when three conditions are met:

• Length: The jail term is 90 days or less.
• Suitability: It suits your age and character, the nature of the offence and the circumstances in which it was committed.
• Jail space: There is suitable space at the jail where you would serve it.

Why people ask for one

• Employment: An intermittent sentence allows people to keep their jobs.
• School: Students can continue their studies.
• Caregiving: Parents and caregivers can continue to care for children or family members.
• Business: Business owners can keep their businesses running.

Courts often consider an intermittent sentence when a minimum jail term applies. For example, the 30-day minimum for a second impaired driving offence is often served this way.

How it works

• Reporting schedule: The judge sets your reporting days and times, such as Friday evening to Monday morning.
• Probation: You are on probation for the rest of the time, and you must follow its conditions.
• Serving the rest at once: You can ask the court to let you serve the remaining days all at once.
• New jail sentences: If you receive a new jail sentence before this one ends, the remaining days are usually served straight through, unless the court orders otherwise.

Missing a reporting time

Missing a reporting time can lead to new charges and a change to your sentence. Treat every reporting time as strict. If you are sick or something unexpected happens, contact the jail and your lawyer right away, and get written proof, such as a medical note.

Intermittent sentence vs conditional sentence

• Intermittent sentence: This is real jail time, served in pieces, for 90 days or less.
• Conditional sentence: This is a sentence under 2 years served in the community, often on house arrest. See conditional sentences.

What reporting to jail is like

When you report for an intermittent sentence, you are admitted to the jail like any other person serving a sentence. You may be searched, and the items you can bring are limited. Arriving on time, sober and with only approved items helps avoid problems. Ask the jail in advance about its rules, because they can differ between institutions.

Planning ahead

Raise an intermittent sentence early, ideally before the sentencing hearing. Helpful documents include proof of employment, a letter from your employer about your schedule, and proof of any childcare or medical needs. Before your first reporting day, confirm with the jail how intermittent reporting works, arrange reliable transport and keep a copy of the order with your reporting times.

Effects beyond the sentence

An intermittent sentence follows a conviction, so it creates a criminal record. For non-citizens, any conviction can raise immigration concerns under s. 36 of the Immigration and Refugee Protection Act. For a permanent resident, the offence's maximum penalty can matter more than the length of the sentence, so get advice before sentencing.

What to do now

• Ask your employer for a letter confirming your work schedule.
• Gather proof of any childcare, caregiving or medical responsibilities.
• Plan reliable transport to the jail for every reporting day.
• Speak to a lawyer about raising an intermittent sentence before the hearing.

Intermittent sentences and minimum penalties

An intermittent sentence is often used when the law requires a short minimum jail term. Because the minimum still has to be served, an intermittent sentence allows the person to serve it without losing a job or leaving family members without care. However, the judge is never required to order an intermittent sentence, so the reasons for asking for one should be explained clearly and supported with documents.

Probation conditions during the sentence

When you are not in jail, you are on probation, and the probation order sets out the rules you must follow. These usually include keeping the peace, reporting to a probation officer and sometimes avoiding alcohol before your reporting days. Breaking a probation condition is a separate offence, so the probation part of the sentence needs as much attention as the jail part.

Possible outcomes at sentencing

For less serious offences, it is also worth asking whether a discharge is available, because it avoids a conviction altogether.

Health and medication

If you take medication or have health needs, tell the jail before your first reporting day and bring documents from your doctor. The jail will have its own rules about what medication you can bring and how it is given. Planning ahead helps avoid missed doses and other problems during your reporting days.

How we can help

We can make the case for an intermittent sentence and help you plan so that it is served without problems. Call (647) 223-1980 for a free consultation.

Frequently asked questions