Sentencing Options After Conviction

Original article: March 29, 2021 | By Hans “John” Kalina | Reviewed and updated October 6, 2026

What happens after a guilty plea or a finding of guilt at trial? The court must decide a lawful and proportionate disposition. Sentencing is individual: the offence, the person’s circumstances, the evidence and the available statutory options all matter. A finding of guilt does not always result in a conviction; a discharge may be available in appropriate cases.

How the court decides

The objectives in section 718 of the Criminal Code include denunciation, deterrence, rehabilitation, public protection, reparation and responsibility. Section 718.1 requires proportionality to the seriousness of the offence and the offender’s responsibility. Applicable minimums, maximums and other restrictions must be checked for the particular offence and method of prosecution.

The sentencing hearing

Counsel may present submissions, agreed facts, supporting records and, where necessary, evidence from witnesses. A court-ordered pre-sentence report is governed by section 721, not section 720. Victim impact statements are addressed by section 722. Disputed facts and proposed conditions require careful preparation.

Discharges and probation

Section 730 permits an absolute or conditional discharge only where its requirements are met. A discharge is a finding of guilt without a conviction. A conditional discharge includes probation conditions. A suspended sentence, by contrast, results in a conviction and probation. Section 731 governs the availability of probation, and section 732.1 addresses its conditions.

Fines and custody

A fine may be available, subject to the law and the court’s assessment of ability to pay or discharge it through a fine-option program. Imprisonment may be imposed where required or appropriate. Section 743.1 governs where imprisonment is served; a sentence of two years or more is ordinarily served in a penitentiary. The punishment for the particular offence must be checked rather than assumed.

Conditional sentences

A conditional sentence is imprisonment served in the community under strict conditions, not simply probation. Under section 742.1, the sentence must be less than two years, community safety and sentencing principles must be satisfied, and the offence must not fall within a statutory exclusion. The provision contains offence-specific exclusions, including sexual-offence restrictions added in 2026. Availability must therefore be assessed under the law applicable to the case; breach can lead to custody.

Other orders and wider consequences

Depending on the offence, the court may also consider restitution, weapons or driving prohibitions, DNA orders and registration obligations. A peace bond is not a sentence for a conviction. Before resolving a case, consider employment, professional licensing, travel and immigration consequences as well as the immediate punishment.

Criminal records: important distinctions

A record suspension sets an eligible conviction record aside; it is not the same as expungement. Eligibility and waiting periods depend on the applicable rules and offence history, not just a universal five- or ten-year formula. Consult the Parole Board of Canada’s eligibility guidance.

For discharges, section 6.1 of the Criminal Records Act provides federal disclosure limits and removal of CPIC references after the relevant period: one year from an absolute discharge or three years from the date a conditional discharge was ordered, not three years after probation ends. Local police files, court records and foreign authorities are separate; do not assume every record disappears.

Preparing with counsel

Related guidance

For advice about your circumstances, contact our office. This article provides general information, not legal advice.