Sentencing in Canada: What Actually Happens and What You Face
Sentencing is not a tariff. The maximum in the Criminal Code is what the most serious version of an offence could attract, not what an ordinary case does — and the range of available outcomes is much wider than most people expect.
Section 718 sets the purpose of sentencing and section 718.1 its fundamental principle: a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. The available outcomes run from an absolute discharge through fines and probation to imprisonment.
What Is the Purpose of Sentencing?
Section 718 states that the fundamental purpose of sentencing is to protect society and to contribute to respect for the law and the maintenance of a just, peaceful and safe society, by imposing just sanctions that have one or more of these objectives: denunciation, deterrence, separation of offenders from society where necessary, rehabilitation, reparation, and promoting a sense of responsibility in offenders.
Section 718.1 sets the fundamental principle: a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. Both halves matter — how serious the offence was, and how blameworthy this particular person is.
Section 718.2 then lists further principles, including that a sentence should be increased or reduced to account for aggravating and mitigating circumstances, and that an offender should not be deprived of liberty if less restrictive sanctions are appropriate.
What Sentences Are Actually Available?
| Outcome | What it means | Criminal record |
|---|---|---|
| Absolute discharge | Found guilty, no conviction registered, no conditions | No conviction; removed after 1 year |
| Conditional discharge | Found guilty, no conviction, subject to a probation order | No conviction; removed after 3 years |
| Suspended sentence with probation | Conviction registered, sentence suspended, probation imposed | Yes |
| Fine | Conviction and a financial penalty | Yes |
| Conditional sentence order | A term of imprisonment served in the community under conditions | Yes |
| Imprisonment | Custody, followed in many cases by probation | Yes |
Section 730 allows a discharge where the court considers it in the best interests of the accused and not contrary to the public interest — but not where the offence carries a minimum punishment, and not where it is punishable by 14 years or life.
That exclusion is why a mandatory minimum matters so much. Where one applies, the discharge options disappear entirely.
When Can a Sentence Be Served in the Community?
Section 742.1 allows a conditional sentence order where the court imposes a sentence of imprisonment of less than two years, is satisfied that serving it in the community would not endanger the safety of the community and would be consistent with the purpose and principles of sentencing, and the offence is not one carrying a minimum term or falling within the excluded list.
That excluded list has moved in both directions within four years, which makes older guidance on this point unusually unreliable.
| Change | Effect |
|---|---|
| 2022 | A range of offences was removed from the excluded list, restoring conditional sentences for matters that had been ineligible for a decade. |
| 2026 | Paragraphs 742.1(c.1) and (c.2) were added, excluding sexual assault under s. 271 prosecuted by indictment, sexual exploitation of a person with a disability under s. 153.1, and any indictable offence of a sexual nature or committed for a sexual purpose involving a victim under 18. |
So a conditional sentence is not available on an indictable sexual assault, even though the 2022 reforms widened availability generally. Anyone relying on material written between 2022 and 2026 will have the first half of that story and not the second.
Section 742.1 also continues to exclude attempted murder sentenced under s. 239(1)(b), torture under s. 269.1, sexual assault with a weapon under s. 272, aggravated sexual assault under s. 273, advocating genocide under s. 318, and indictable terrorism and criminal organization offences carrying 10 years or more.
What Makes a Sentence Heavier or Lighter?
Section 718.2(a) requires aggravating and mitigating circumstances to be taken into account, and sets out specific aggravating factors, including:
- that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, disability, sexual orientation, or gender identity or expression;
- that the offender abused their intimate partner or a member of the victim's or offender's family;
- that the offender abused a person under 18, or involved a person under 18 in the offence;
- that the offender abused a position of trust or authority in relation to the victim;
- that the offence had a significant impact on the victim given their age and circumstances;
- that the offence was committed against someone providing health services or acting as a first responder;
- that the offence was committed for a criminal organization, or was a terrorism offence.
Mitigating factors are not listed exhaustively and commonly include a guilty plea, absence of a record, genuine remorse, steps taken toward rehabilitation, delay, and the personal circumstances of the offender.
The single most useful thing a person facing sentence can do is arrive with evidence — counselling records, employment letters, treatment completion, restitution — rather than assertions.
Does a Guilty Plea Reduce the Sentence?
It is a recognised mitigating factor, and an early plea generally carries more weight than a late one, because it spares witnesses and court resources and can evidence remorse.
It is not a discount to be assumed, and it is never a reason to plead guilty to something you did not do or that the Crown cannot prove. A plea is an admission of every element of the offence.
Before any plea, you are entitled to see the disclosure and to know what the Crown can actually prove. Pleading at a first appearance to make the matter end is the most common avoidable mistake in the system.
Frequently asked questions
Browse every answer on this siteThe maximum in the Criminal Code is the ceiling for the most serious version of an offence, not a guide to what an ordinary case attracts. Section 718.1 requires proportionality to the gravity of the offence and the offender's responsibility.
Both are findings of guilt without a conviction. An absolute discharge carries no conditions and is removed from the record after one year; a conditional discharge comes with a probation order and is removed after three years.
A discharge under section 730 is a finding of guilt without a conviction. It is unavailable where the offence carries a minimum punishment or is punishable by 14 years or life.
A sentence of imprisonment of less than two years served in the community under conditions, available under section 742.1 where the statutory requirements are met. The list of excluded offences was narrowed in 2022.
A guilty plea is a recognised mitigating factor and an early plea generally carries more weight. It is not an automatic discount, and you should see full disclosure before entering any plea.
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This page is general information about Canadian law, not legal advice, and reading it does not create a lawyer-client relationship. Statutes are amended; provisions are described as at the consolidation reviewed when this page was written.
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