Once a person is found guilty of a criminal offence, whether through a guilty plea or after a trial, the case moves to sentencing. Sentencing is one of the most fact-specific parts of the criminal process, and there is no way to predict a specific outcome in general terms. This guide explains the general principles and types of sentences that exist under Canadian law, without predicting or guaranteeing any particular result. It is general information only and does not replace legal advice about a specific case.
Many people search for sentencing information hoping to find a specific answer about what will happen to them or someone they know. It is important to understand upfront that no legitimate, general-purpose website can provide that answer responsibly. What this page can offer is a clear explanation of the framework courts use, so that a conversation with a lawyer about a specific case is easier to understand.
What Is Sentencing?
Sentencing is the process by which a court decides the consequences that follow a finding of guilt. It takes place after a guilty plea has been accepted, or after a trial results in a conviction, as explained in our guides to guilty pleas and criminal trials. Sentencing is a distinct stage from the question of guilt itself, focused on determining an appropriate response given the offence and the individual circumstances involved.
Under Canadian law, judges have a range of sentencing options available and are expected to exercise judgment based on established legal principles, rather than applying a fixed formula. This is why sentencing outcomes can differ considerably between cases that might otherwise sound similar.
The General Purposes of Sentencing
Canadian sentencing law recognizes several purposes that a sentence may serve, including holding an offender accountable, denouncing unlawful conduct, deterring the offender and others from committing offences, separating offenders from society where necessary, assisting in rehabilitation, providing reparations for harm done, and promoting a sense of responsibility in the offender. Not every sentence is expected to serve all of these purposes equally.
Courts generally weigh these purposes against one another based on the nature of the offence and the circumstances of the offender, which is part of why sentencing is often described as a highly individualized exercise rather than a mechanical calculation.
For some categories of offences, certain purposes, such as denunciation and deterrence, may be given particular weight, while for others, purposes such as rehabilitation may feature more prominently. How this balance is struck depends on the offence and the offender, and is worked out by the court based on the submissions made by the Crown and defence.
Sentencing Principles Courts Consider
A foundational principle in Canadian sentencing law is proportionality: a sentence must generally be proportionate to the seriousness of the offence and the degree of responsibility of the offender. Courts also generally consider principles such as parity, meaning similar offenders who commit similar offences in similar circumstances should generally receive similar sentences, and restraint, meaning courts should generally consider less restrictive sanctions where appropriate.
These principles work together, and applying them to a specific case requires a detailed understanding of the offence, the evidence, and the offender's circumstances. This is why general statements about sentencing principles cannot substitute for advice about what a principle like proportionality might mean in a specific case.
Courts are also generally expected to consider all available sanctions other than imprisonment that are reasonable in the circumstances, particularly for less serious offences, and to pay particular attention to the circumstances of all offenders, with special consideration for Indigenous offenders, discussed further below. These broader directions shape how judges approach the exercise of sentencing discretion.
Aggravating and Mitigating Factors
Courts generally consider both aggravating factors, which can support a more severe sentence, and mitigating factors, which can support a less severe sentence. Common aggravating factors can include evidence of planning, abuse of a position of trust, or harm to a vulnerable person, while common mitigating factors can include a lack of a prior record, genuine remorse, and steps taken toward rehabilitation, such as counselling.
Which specific factors apply, and how much weight a court gives them, depends entirely on the evidence in a specific case. This page intentionally avoids suggesting how these factors would apply to any particular situation, since doing so without full knowledge of a case would be misleading.
No general information page, including this one, can predict or guarantee a sentencing outcome. Sentencing depends on the specific offence, the evidence, binding case law, and the individual circumstances of the person being sentenced.
Sentencing Ranges and Case Law
Courts often look to previous decisions in similar cases for guidance on an appropriate range of sentence for a given type of offence. These reference points, sometimes called sentencing ranges or starting points, are meant to promote consistency, in line with the parity principle discussed above, while still allowing enough flexibility for a court to account for the specific facts of the case in front of it.
This page does not state what any sentencing range is for any specific offence, since accurately describing a range requires reviewing current, binding case law that applies to the exact offence and jurisdiction involved, and doing so in general terms risks being outdated or inaccurate. A lawyer can research and explain the relevant case law for a specific charge.
Types of Sentences
Canadian law provides for a range of possible sentences, and more than one type can sometimes be combined in a single case. General categories include:
- Discharges, where a finding of guilt does not result in a conviction being formally registered, subject to conditions.
- Suspended sentences, where a sentence is suspended and the offender is placed on probation.
- Probation, involving conditions the offender must follow in the community.
- Fines, a monetary penalty.
- Restitution, requiring the offender to compensate a victim for certain losses.
- Conditional sentences, allowing a sentence to be served in the community under strict conditions, where available.
- Custodial sentences, involving time in custody.
Which of these options is available, and appropriate, in a specific case depends on the offence and the individual circumstances. This page deliberately does not state which sentence applies to any specific offence, since doing so accurately requires case-specific legal analysis.
The Sentencing Hearing Process
A sentencing hearing generally involves submissions from the Crown and the defence about an appropriate sentence, taking into account the sentencing principles discussed above. The judge may also hear directly from the offender, who generally has an opportunity to address the court, sometimes called the right of allocution, before a sentence is imposed.
In some cases, the Crown and defence present a joint submission on sentence, reflecting an agreement reached through discussion. In other cases, each side takes a different position, and the judge decides on an appropriate sentence after considering both perspectives.
A sentencing hearing can take place immediately after a guilty plea or verdict, if both sides are ready to proceed, or it may be adjourned to a later date to allow time for materials such as a pre-sentence report, victim impact statements, or further submissions to be prepared. In more complex cases, a sentencing hearing can itself take considerable time, particularly where the Crown and defence disagree on the appropriate outcome.
Pre-Sentence Reports
In some cases, a court may order a pre-sentence report, prepared by a probation officer, which generally provides background information about the offender, including their personal history, community ties, and any steps taken toward rehabilitation. This report is meant to give the court a fuller picture of the offender as an individual, beyond the specific facts of the offence itself.
Preparing a pre-sentence report generally involves an interview with the offender and sometimes with family members, employers, or other relevant contacts. Being open and honest during this process is generally important, since the report becomes part of the material the court considers when deciding on a sentence.
Victim Impact Statements
A victim impact statement allows a victim to describe, in their own words, the physical, emotional, or financial impact the offence has had on them. Courts generally consider victim impact statements as part of the sentencing process, alongside the other factors discussed above. Our page for victims and witnesses explains this from the perspective of someone preparing a statement.
Sentencing and Indigenous Offenders
Canadian sentencing law recognizes that courts must pay particular attention to the circumstances of Indigenous offenders, reflecting the historical and systemic factors that have contributed to the overrepresentation of Indigenous people in the criminal justice system. This generally involves considering background factors and available sentencing options that may be particularly relevant, alongside the other sentencing principles that apply to every case.
This is a legally significant and detailed area of sentencing law. A lawyer representing an Indigenous person being sentenced can explain how these considerations may apply and can help ensure relevant background information is properly presented to the court.
In practice, this can involve the preparation of specialized background reports that provide the court with a fuller picture of an Indigenous offender's circumstances, including relevant systemic and background factors. These reports are generally prepared with input from the offender and are meant to support a sentencing decision that properly accounts for these considerations, alongside the other principles that apply to every case.
Youth Sentencing
Young people found guilty of an offence are sentenced under a separate framework, reflecting the recognition that accountability for young people should be approached differently than for adults. Our overview of youth criminal justice in Ontario and our page on youth sentencing explain some of these general differences.
Ancillary Orders
In addition to a primary sentence, a court may impose ancillary orders, which are additional orders connected to the offence, such as weapons prohibitions or orders requiring a sample for a DNA data bank in certain circumstances. Whether a specific ancillary order applies to a given offence depends on the offence itself and the applicable law, and is a matter for a lawyer to review in a specific case.
Sentence vs. Criminal Record
A sentence and a criminal record are related but distinct concepts. A sentence is the specific legal consequence a court imposes, such as probation, a fine, or custody. A criminal record is the ongoing record of a finding of guilt that may follow a person afterward, subject to rules about record suspensions and other processes. Our overview of criminal records in Ontario explains this distinction in more detail.
Some sentencing outcomes, such as certain discharges, can affect whether a formal conviction is registered at all, which in turn can affect how the matter appears on a criminal record. This is another area where the specific type of sentence matters a great deal, and general statements cannot substitute for advice about a specific outcome.
Why Sentences Vary So Much
People often notice that sentences for offences that sound similar can look quite different from one case to another, and wonder why. The answer generally lies in the individualized nature of sentencing: the exact facts of the offence, the offender's personal circumstances, aggravating and mitigating factors, and applicable case law all play a role, and no two cases involve the exact same combination of these elements.
This is also why it is generally unhelpful, and potentially misleading, to compare one person's sentence to another's without a detailed understanding of both cases. A lawyer reviewing a specific case can identify comparable cases that are genuinely relevant, rather than relying on general impressions.
Media reports and secondhand accounts of other people's sentences often leave out important context, such as specific aggravating or mitigating factors, prior criminal history, or the exact legal basis for a plea or conviction. Relying on these accounts to predict an outcome in a different case is generally unreliable, even when the underlying charges sound similar.
Frequently Asked Questions
Can this website tell me what sentence I might get?
No. Sentencing is highly fact-specific, and no general information resource can predict or guarantee a sentencing outcome. A lawyer reviewing your specific case can provide informed guidance.
What is the difference between probation and a conditional sentence?
Probation generally involves conditions an offender follows in the community, often alongside another sentence, while a conditional sentence allows certain sentences to be served in the community under strict conditions, where available for the offence in question.
Does a guilty plea affect sentencing?
A guilty plea, particularly an early one, is sometimes considered a mitigating factor, reflecting an acceptance of responsibility. How much weight it receives depends on the specific case.
What is a discharge?
A discharge is a sentencing outcome where a finding of guilt does not result in a formal conviction being registered, subject to conditions. Our page on discharges explains this in more detail.
Can I speak at my own sentencing hearing?
Generally, yes, an offender typically has an opportunity to address the court before sentencing. A lawyer can advise on how to approach this.
Are sentencing ranges the same for every court in Ontario?
Not necessarily. Sentencing ranges are drawn from case law that can vary by region and evolve over time. A lawyer can identify the case law relevant to a specific charge and location.
Does a first-time offence generally lead to a lighter sentence?
A lack of a prior record is often treated as a mitigating factor, but how much weight it carries depends on the offence and all the other circumstances of the case.