Purser Law Blog

What is a CSO?

If you have been convicted of a crime, then you may be sentenced to a term of imprisonment or jail.  However, if you receive a “Conditional Sentence Order,” (CSO) then you will be permitted to serve your jail sentence in the community under strict conditions. 

A CSO is a meaningful alternative to custody for less serious and non-dangerous offenders. However, it is only available as a sentencing option where certain requirements are met.  

History of the CSO 

The CSO was created because too many people in Canada were being sentenced to imprisonment.  Incarceration was recognized as a costly, ineffective and often overly harsh response to crime. Sometimes, after going to prison, people would often come back more likely to commit crime than they were before. Lawmakers realized that offenders could be rehabilitated more effectively if they were allowed to serve their jail sentences in the community. For these reasons, they created a CSO as an alternative to imprisonment.  

Requirements to Impose a CSO  

There are several circumstances in which the Court cannot impose a CSO. 

-    First, the Judge must be satisfied that allowing you to serve your jail sentence in the community would not endanger public safety and that it would be consistent with the fundamental purpose and principles of sentencing set out in the Criminal Code.  

-    Second, the Judge cannot impose a CSO if you have been convicted of an offence that is punishable by a mandatory minimum term of imprisonment.

-    Third, the judge cannot impose a CSO for the following indictable offences:

•    Attempt Murder, under s. 239(1)(b); 

•    Torture; OR

•    Advocating Genocide

.-    Finally, the offence cannot be a terrorism offence, or a criminal organization offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years or more.

A judge cannot impose a CSO that is longer than 2 years. As such, the judge must decide that a 2-year jail sentence or less is long enough to meet the goals of sentencing. 

The fundamental purpose of sentencing is to impose a sentence that is proportionate to the seriousness of the offence and your responsibility for the crime.

 While there are several sentencing principles listed in the Criminal Code, the most important in this context are imposing a sentence that (1) signals society’s disapproval of your actions (denunciation) (2) discourages other people from committing the same crimes as you (deterrence) and (3) encourages you to lead a law-abiding, productive lifestyle (rehabilitation). If the judge decides that imposing a CSO is inconsistent with the purpose and principles of sentencing, then they will not impose a CSO.  

Conditions of a CSO 

When you are sentenced to CSO, you must abide by the following conditions: 

•    Keep the peace and be of good behavior (do not accrue any new criminal charges) 

•     Appear before the court when you are required

•    Report to a supervisor

•    Remain within the jurisdiction of the court  

•    Notify the court of any change of name, address, employment or occupation.

 However, the judge may also impose several optional conditions of the CSO. Since a CSO is supposed to be similar to incarceration, you can expect to receive conditions that are very strict, such as following a curfew or being on house arrest.  Additionally, the length of the CSO will often be longer than the period you would expect to serve if you had been not allowed to serve your jail sentence in the community. 

What Happens if I Breach my CSO? 

If you breach your CSO, you will not necessarily receive a new criminal charge, but will be alleged to have breached your CSO. In practice, this appears similar to a new criminal charge. However, you will be brought before a judge who will decide if you have a reasonable excuse for breaching your conditions. If you do not have a reasonable excuse for breaching your conditions, then the judge has several options available to them. They can:

•    Take no action (i.e., do nothing);

•    Change the optional conditions;

•    Suspend the CSO and direct that the offender serve a portion of their remaining CSO in custody;

•    Suspend the CSO and direct that it resume upon the offender’s release from custody, with or without changes to the optional conditions;OR

•    Terminate the CSO and direct that the remaining term be served in prison.

For More Information about Conditional Sentence Orders, Call Purser Law Now 

If you are considering entering into a CSO, or have breached your CSO, contact Purser Law now for your free 30-minute consultation at 780-851-7435. 

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