How Probation Works

In Canada, the courts have the authority to issue a probation order that restricts the activities and behaviour of an offender. These restrictions are often related to the charges or the circumstances of the offence.

One of the goals of probation is to provide an offender with a conditional release or a suspended sentence, allowing them to remain in the community rather than be incarcerated. A probation order may be issued alongside other penalties such as:

• A fine
• An intermittent sentence
• A conditional sentence

Probation is not imposed on all offenders. Typically, those who receive a conditional discharge, suspended sentence, or intermittent sentence can expect to be placed on probation. Offenders who are fined, incarcerated, or serving a conditional sentence may or may not be placed on probation, depending on the judge’s decision.

The length of probation is connected to the sentence imposed. A probation order will begin either on the day it is made or when the offender is released from custody. For those serving a conditional sentence, the probation order generally begins once the conditional sentence has been completed.

It is important to know that probation orders cannot last longer than three years. The order will end on its expiry date unless the court intervenes earlier. A court may end the probation order early, reduce its length, or revoke it altogether.

How Probation Orders Are Enforced

Offenders placed on probation are assigned a probation officer, who supervises them for the duration of the order. The probation officer’s role includes:

• Preparing court reports
• Ensuring that the probation conditions are followed
• Determining whether additional rehabilitation is required, such as counselling or treatment programs

Probation officers also have the authority to make certain case-management decisions for the offender.

If a probation officer determines that an offender has breached their probation, the offender may face additional penalties. A breach of probation can result in up to 18 months in jail if prosecuted summarily, or up to four years in jail if prosecuted by indictment. A fine of up to $5,000 may also be imposed, depending on the circumstances.

If an offender is charged with another offence during the probation period, the probation order may be revoked. In those situations, the offender may receive a sentence that would have applied if the probation order had not been granted.

Details of Probation Orders

There are several additional details about probation orders that are important to understand:

• The court will outline how often an offender must report and the type of reporting required.
• Probation conditions must be related to the offence or to recommended rehabilitation efforts.
• Orders will contain clear and specific details about prohibited behaviour.

If an offender is unsure about any probation conditions or requirements, they should contact their probation officer for clarification.