Breach of a Conditional Sentence Order

A conditional sentence order, often referred to as a CSO, is a unique sentencing option in Canadian criminal law that allows an offender to serve their sentence in the community under strict conditions rather than in jail. While this provides a valuable opportunity for rehabilitation outside of custody, it also comes with significant responsibility. If the conditions are not followed, the individual may be found in breach of their conditional sentence order. A breach can have serious consequences, including being sent to jail to serve the remainder of the sentence.

What Is a Conditional Sentence Order?

A conditional sentence order is a type of sentence available under section 742 of the Criminal Code of Canada. It is typically considered when the offence is punishable by less than two years of imprisonment and where the court believes that community supervision would not endanger public safety.

The purpose of a CSO is twofold: to provide accountability and punishment while also allowing offenders to remain in the community, maintain employment, and access rehabilitative programs. Judges impose these sentences when they believe it is consistent with the principles of sentencing, including rehabilitation, proportionality, and restraint.

Common Conditions in a Conditional Sentence Order

Every CSO includes mandatory conditions, such as:

• Keeping the peace and being of good behaviour
• Appearing before the court when required
• Remaining within the jurisdiction unless given permission to leave
• Reporting to a supervisor as directed

In addition to these mandatory rules, judges often impose optional conditions tailored to the circumstances of the case. These may include:

• House arrest, with exceptions for work, school, or medical needs
• Curfews
• Abstaining from alcohol or drugs
• Attending counselling or treatment programs
• Performing community service
• Having no contact with certain individuals, such as victims or co-accused

The combination of these conditions is designed to restrict the offender’s freedom in a way that holds them accountable while avoiding incarceration.

What Constitutes a Breach of a Conditional Sentence Order?

A breach occurs when the offender fails to comply with any of the conditions outlined in the order. This could include:

• Failing to stay at home during house arrest
• Skipping mandatory counselling or treatment sessions
• Consuming alcohol or drugs when prohibited
• Contacting individuals named in a no-contact condition
• Failing to report to the conditional sentence supervisor

Even minor or unintentional violations, such as returning home late during house arrest, may still be considered a breach. Courts take breaches seriously because the CSO is seen as a privilege and an alternative to jail.

Legal Consequences of a Breach

If an offender is alleged to have breached their conditional sentence order, the matter is typically brought back before the court. The judge has several options:

1. Take no action: If the breach was minor or excusable, the judge may decide not to impose further consequences.
2. Change the conditions: The court may modify the order by adding new conditions or tightening existing ones.
3. Suspend the order: The judge may suspend the CSO and require the offender to serve the balance of the sentence in custody.

In practice, many breaches result in the offender serving some or all of the remainder of the sentence in jail. This outcome depends on the seriousness of the violation and the offender’s history of compliance.

Proving a Breach in Court

For the Crown to prove a breach of a conditional sentence order, it must show beyond a reasonable doubt that:

• A valid CSO was in place at the time of the alleged breach.
• The accused was aware of the conditions.
• The accused failed to comply with one or more of those conditions.

If there is ambiguity about whether the condition was followed or whether compliance was possible, the accused may have a defence.

Possible Defences to a Breach

Although breaches are taken seriously, there are circumstances that may provide a valid defence, including:

• Lack of knowledge: If the offender was not clearly informed of the condition, the breach may not be enforceable.
• Impossibility of compliance: If compliance was genuinely impossible—for example, due to a medical emergency—the court may excuse the breach.
• Invalid condition: If the condition imposed exceeded the court’s authority or was unclear, it may be invalid.
• Reasonable excuse: Courts have discretion to excuse breaches if the offender can show they had a reasonable excuse.

Why Conditional Sentence Breaches Are Treated Harshly

A conditional sentence order reflects a judge’s decision to allow an offender to remain in the community rather than serve time in jail. When a person breaches the conditions, it undermines the trust the court placed in them. As a result, judges often view breaches as serious violations that justify returning the offender to custody.

This is why individuals serving CSOs are urged to take their conditions seriously and seek immediate legal advice if they believe they may be in breach.

Practical Tips for Avoiding a Breach

• Keep a written calendar of all obligations, such as counselling sessions or curfew hours.
• Maintain open communication with the conditional sentence supervisor.
• Seek permission from the court or supervisor before making any exceptions.
• Document emergencies that might interfere with compliance, such as medical issues.
• Ask for clarification immediately if a condition seems confusing or unclear.

The Role of a Defence Lawyer in Breach Cases

If you are accused of breaching a conditional sentence order, it is important to consult a lawyer as soon as possible. A lawyer can:

• Review whether the conditions were properly imposed and explained
• Assess whether the Crown can prove the breach beyond a reasonable doubt
• Argue mitigating circumstances to persuade the court to modify the order instead of revoking it
• Help preserve your opportunity to serve your sentence in the community rather than in custody

Contact Us for a Free Consultation

Being accused of breaching a conditional sentence order can jeopardize your freedom and your future. If you are facing allegations of a breach, you should seek legal help immediately. Contact us now to schedule a free, confidential consultation with De Boyrie Law.