Terms and Conditions of a Conditional Sentence Order

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General Principles

For the conditional sentence regime to maintain the public's confidence the terms must "have teeth" by including restrictions upon liberty.[1]

  1. R v Hirnschall, 2003 CanLII 46450 (ON CA) at para 28

Mandatory Conditions

Compulsory conditions of conditional sentence order
742.3 (1) The court shall prescribe, as conditions of a conditional sentence order, that the offender do all of the following:

(a) keep the peace and be of good behaviour;
(b) appear before the court when required to do so by the court;
(c) report to a supervisor
(i) within two working days, or such longer period as the court directs, after the making of the conditional sentence order, and
(ii) thereafter, when required by the supervisor and in the manner directed by the supervisor;
(d) remain within the jurisdiction of the court unless written permission to go outside that jurisdiction is obtained from the court or the supervisor; and
(e) notify the court or the supervisor in advance of any change of name or address, and promptly notify the court or the supervisor of any change of employment or occupation.

Abstain from communicating
(1.1) The court shall prescribe, as a condition of a conditional sentence order, that the offender abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, or refrain from going to any place specified in the order, except in accordance with the conditions specified in the order that the court considers necessary, unless

(a) the victim, witness or other person gives their consent or, if the victim, witness or other person is a minor, the parent or guardian, or any other person who has the lawful care or charge of them, gives their consent; or
(b) the court decides that, because of exceptional circumstances, it is not appropriate to impose the condition.

Consent
(1.2) For the purposes of paragraph (1.1)(a), the consent is valid only if it is given in writing or in the manner specified in the order.
Reasons
(1.3) If the court makes the decision described in paragraph (1.1)(b), it shall state the reasons for the decision in the record.
...
1995, c. 22, s. 6; 2008, c. 18, s. 40; 2011, c. 7, s. 5; 2014, c. 21, s. 3; 2015, c. 13, s. 33.


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Optional Conditions

742.3
...
Optional conditions of conditional sentence order
(2) The court may prescribe, as additional conditions of a conditional sentence order, that the offender do one or more of the following:

(a) abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance;
(a.1) provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, the supervisor or someone designated under subsection (7) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to suspect that the offender has breached a condition of the order that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance;
(a.2) provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified by the supervisor in a notice in Form 51 served on the offender, if a condition of the order requires the offender to abstain from the consumption of drugs, alcohol or any other intoxicating substance;
(b) abstain from owning, possessing or carrying a weapon;
(c) provide for the support or care of dependants;
(d) perform up to 240 hours of community service over a period not exceeding eighteen months;
(e) attend a treatment program approved by the province; and
(f) comply with such other reasonable conditions as the court considers desirable, subject to any regulations made under subsection 738(2), for securing the good conduct of the offender and for preventing a repetition by the offender of the same offence or the commission of other offences.

...
1995, c. 22, s. 6; 2008, c. 18, s. 40; 2011, c. 7, s. 5; 2014, c. 21, s. 3; 2015, c. 13, s. 33.


CCC

It is generally expected that the terms of a CSO will include a restriction on liberty such as house arrest.[1]

  1. R v Proulx, [2000] 1 SCR 61, 2000 SCC 5 (CanLII), at para 127

Procedure

742.3
...
Obligations of court
(3) A court that makes an order under this section shall

(a) cause a copy of the order to be given to the offender and, on request, to the victim;
(b) explain the substance of subsection (1) and sections 742.4 and 742.6 to the offender;
(c) cause an explanation to be given to the offender of the procedure for applying under section 742.4 for a change to the optional conditions; and
(d) take reasonable measures to ensure that the offender understands the order and the explanations.

For greater certainty
(4) For greater certainty, a failure to comply with subsection (3) does not affect the validity of the order.
...
1995, c. 22, s. 6; 2008, c. 18, s. 40; 2011, c. 7, s. 5; 2014, c. 21, s. 3; 2015, c. 13, s. 33.


CCC

Additional conditions requiring the offender to undergo treatment and then return to the court for a progress report has been found to be invalid as the court is functus officio and has no jurisdiction over the matter.[1]

  1. R v Ermine 2010 SKCA 47 (CanLII)

Firearms

Firearm, etc., prohibitions
742.2 (1) Before imposing a conditional sentence under section 742.1, the court shall consider whether section 109 or 110 is applicable.
Application of section 109 or 110
(2) For greater certainty, a condition of a conditional sentence order referred to in paragraph 742.3(2)(b) does not affect the operation of section 109 or 110.
1995, c. 22, s. 6; 2002, c. 13, s. 75; 2004, c. 12, s. 14(E).


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