House arrest, formally called a conditional sentence order, allows a jail term to be served in the community. It is one of the most important tools for avoiding incarceration for eligible offences.
A conditional sentence order, or CSO, is a sentence of imprisonment of less than two years that is served in the community rather than in custody. Under section 742.1 of the Criminal Code, a judge may impose a conditional sentence where the sentence imposed is less than two years, the offence has no minimum sentence, the court is satisfied that serving the sentence in the community would not endanger the safety of the community, and serving in the community is consistent with the fundamental principles of sentencing.
What a Conditional Sentence Looks Like
A conditional sentence typically involves a period of strict house arrest, during which the offender may only leave their residence for specified purposes such as medical appointments, employment, religious observance, and grocery shopping. After the house arrest period, the remaining sentence is typically served under a curfew with more flexible conditions.
The conditions of a conditional sentence are similar to probation conditions and can include reporting to a supervisor, abstaining from alcohol and drugs, completing counselling, performing community service, and avoiding contact with specific persons. Breach of a conditional sentence condition can result in the offender being brought before a judge and having the balance of the sentence ordered to be served in custody.
Electronic Monitoring
In some cases, the court may order electronic monitoring as a condition of a conditional sentence. This involves wearing an ankle bracelet that tracks the offender's location. Electronic monitoring is not mandatory, but it is increasingly used in Ontario as a supervisory tool, particularly for house arrest conditions. It provides a verifiable record of compliance and gives courts confidence that conditional sentences are being served as intended.
Offences Excluded from Conditional Sentences
Not all offences are eligible for conditional sentences. Significant 2012 legislative amendments excluded conditional sentences for offences prosecuted by indictment where the maximum sentence is ten years or more and the offence involves bodily harm, the use of a weapon, drug trafficking, or organized crime. Sexual offences against children are also excluded. These exclusions significantly narrow the range of cases where conditional sentences are available, making eligibility analysis an important early step.
The 2022 Reforms Widened Eligibility, and 2026 Narrowed It Again
The picture on conditional sentences changed significantly in 2022. The 2012 amendments had barred house arrest for a long list of offences, but federal reforms in 2022 repealed many of those restrictions, restoring judicial discretion to consider a conditional sentence for a range of offences that had been excluded, provided the two-year cap and the community-safety requirement are met. The practical effect is that house arrest is once again a realistic option in cases where, only a few years earlier, a judge's hands were tied. Because the law here has moved back and forth, checking eligibility against the current provisions, rather than an outdated summary, is an essential early step in any sentencing analysis.
The pendulum has since swung back in part. The Bail and Sentencing Reform Act (Bill C-14), in force since July 15, 2026, removed conditional sentences for serious sexual offences, including sexual assault prosecuted by indictment and sexual offences involving victims under 18. If you are being sentenced for one of those offences, house arrest is no longer on the table regardless of the circumstances. The same Act also requires certain sentences to be served consecutively rather than concurrently, including extortion following arson and violent or organized auto theft following break and enter, and directs courts to consider consecutive sentences for repeat violent offenders.
Arguing for a Conditional Sentence
Where a conditional sentence is available, defence counsel must present a compelling argument that serving the sentence in the community does not endanger the public and is consistent with the purposes of sentencing. This argument is supported by evidence of stable residence, employment, family responsibilities, community ties, and rehabilitative steps already taken.
For accused persons facing offences like fraud, certain assault charges, or drug offences where a conditional sentence is available, the difference between a well-prepared sentencing submission and a generic one can be measured in months of liberty. Retaining a criminal lawyer with sentencing experience is critical.
Section 742.1 of the Criminal Code sets out the eligibility requirements for conditional sentence orders in Canada.
