Considerations

This section outlines factors a court must consider when exercising its discretion for a breach of a conditional sentence order.

Section 742.6(17) of the Canadian Criminal Code outlines the factors that must be considered by a court when deciding whether to impose a new sentence on an offender who has breached their conditional sentence order (CSO). A CSO is a type of sentence that allows offenders to serve their time in the community under certain conditions, such as reporting to a probation officer or staying away from certain places or people. If an offender breaches one of these conditions, they may be required to serve the remainder of their sentence in custody, but the court has discretion to decide whether to impose this harsher sentence or not. When exercising this discretion, the court must consider three factors: Firstly, the court must consider the circumstances and seriousness of the breach. For example, the court may consider whether the breach was intentional or accidental, and whether it posed a risk to public safety or the victim. Secondly, the court must consider whether not imposing a custodial sentence would cause undue hardship to the offender based on their individual circumstances. For example, if the offender has children or dependents who rely on them, the court may consider whether a custodial sentence would cause hardship to those individuals. Finally, the court must consider the period for which the offender was subject to conditions while the running of the CSO was suspended, and whether the offender complied with those conditions during that period. If the offender has complied with all the conditions for a significant period, the court may be more likely to exercise their discretion and not impose a custodial sentence. Overall, section 742.6(17) is an important provision that helps to ensure that the imposition of a custodial sentence for a CSO breach is done in a fair and proportionate manner, taking into account the particular circumstances of the offender.

Section 742.6(17) of the Criminal Code of Canada outlines the factors that a court must consider when exercising its discretion under subsection (16). This section pertains to the suspension of a conditional sentence order and the imposition of more restrictive conditions in the event of a breach. The first factor that the court must consider under subsection (17) is the circumstances and seriousness of the breach. This factor recognizes that not all breaches are equal; some may be minor and unintentional, while others may be deliberate and serious. The court must take into account the nature of the breach and its impact on others, including the victim and the community. The second factor that the court must consider under subsection (17) is whether not making the order would cause the offender undue hardship based on their individual circumstances. This recognizes that imposing more restrictive conditions can have a significant impact on the offender's life and well-being. The court must determine whether the additional conditions would cause the offender undue hardship, taking into account their personal circumstances, such as their job, family, and mental and physical health. The third factor that the court must consider under subsection (17) is the period for which the offender was subject to conditions while the running of the conditional sentence order was suspended and whether the offender complied with those conditions during that period. This factor recognizes that compliance with the original conditions while the sentence order was suspended is an important indication of the offender's willingness to follow the rules and behavior modification. Overall, these factors provide a balanced approach to the suspension of a conditional sentence order. The court must weigh the interests of justice with the individual circumstances of the offender to determine whether suspending the sentence order and imposing more restrictive conditions is appropriate. This approach recognizes that the ultimate goal of the justice system is not simply to punish offenders, but to rehabilitate them and prevent future crimes from occurring. However, it is crucial to note that the success of the conditional sentence regime relies heavily on the availability and implementation of community-based programs and services. In some cases, offenders may not have access to appropriate resources or support, leading to non-compliance with the original conditions and potential breaches. Therefore, in addition to assessing the individual circumstances of the offender, the court must also take into account the availability and effectiveness of community resources in determining whether to suspend or modify a conditional sentence order. In conclusion, Section 742.6(17) of the Criminal Code of Canada provides a comprehensive framework for the suspension and modification of conditional sentence orders. By taking into account the nature of the breach, the individual circumstances of the offender, and the effectiveness of community resources, the court can make a fair and just decision that balances the interests of justice with the well-being of the offender and the community.

Section 742.6(17) of the Criminal Code of Canada is an important provision because it guides the courts on how to exercise their discretion in cases where a conditional sentence order has been breached. This provision requires the courts to take into consideration several factors when deciding whether to revoke the conditional sentence order or modify its conditions. One of the strategic considerations when dealing with this provision is to assess the seriousness of the breach. A breach can range from a minor infraction to a major violation of the conditions of the order. Courts are more likely to revoke the order if the breach is serious, such as when the offender has committed a new offense, failed to report to their supervisor, or violated a no-contact order. In contrast, a minor breach, such as failing to attend a counseling session, may not result in the revocation of the order. Another strategic consideration is to evaluate the offender's individual circumstances and the hardship they would face if the order were revoked. The court must consider whether the offender has dependents who rely on them, whether they have a job, and if they have any medical or other issues that would be exacerbated by a custodial sentence. The offender's lawyer may present evidence to the court showing that the offender has taken steps to address their breach, such as attending counseling or paying restitution to their victim. A third strategic consideration is to examine the period for which the offender was subject to conditions while the running of the conditional sentence order was suspended and whether they complied with those conditions. This provision acknowledges that the offender may have been subject to conditions for a prolonged period before the breach occurred. Courts are more likely to modify the conditions of the order rather than revoke it if the offender has complied with the conditions for the majority of the time. The strategies that could be employed when dealing with this provision include presenting evidence to the court that highlights the offender's efforts to comply with the conditions of the order, providing evidence that shows that revoking the order would result in undue hardship, and demonstrating that the breach was minor and not indicative of a pattern of non-compliance. The offender's lawyer may also suggest modifying the conditions of the order rather than revoking it. For example, the court may impose stricter conditions, such as requiring the offender to attend counseling more frequently or to wear an electronic monitoring device, to ensure that they comply with the order. In conclusion, section 742.6(17) of the Criminal Code of Canada provides guidance to the courts on how to exercise their discretion when dealing with a breach of a conditional sentence order. Strategic considerations when dealing with this provision include assessing the seriousness of the breach, evaluating the offender's individual circumstances, and examining the period for which the offender was subject to conditions while the running of the conditional sentence order was suspended. The strategies that could be employed include presenting evidence to the court that highlights the offender's efforts to comply with the conditions of the order and suggesting modifications to the order.