What Happens After a Criminal Conviction in Ontario: The Sentencing Process Explained

A finding of guilt — whether after a trial or a guilty plea — is not the end of a criminal case. It is the beginning of a new and equally important phase: sentencing. The sentence imposed by the court will determine whether you walk out the door, serve time in the community under conditions, or go to jail. It will shape your criminal record, your employment prospects, your ability to travel, and in many cases, the rest of your life.

If you have been convicted of a criminal offence in Ontario, understanding the sentencing process is critical. This article explains how sentencing works, what factors the court considers, the range of sentences available, and what options remain after a sentence is imposed.

The Sentencing Hearing

Sentencing does not happen automatically at the moment of conviction. In most cases, the court will set a separate sentencing date after the finding of guilt. This gives both the Crown and the defence time to prepare submissions, gather materials, and — where appropriate — commission reports that will assist the judge in determining the right sentence.

At the sentencing hearing, the Crown and defence each make submissions about what they believe the appropriate sentence should be. The judge then considers all of the evidence, the submissions of counsel, the relevant legal principles, and the circumstances of both the offence and the offender before imposing a sentence.

If you are wondering whether you need legal representation for sentencing, the answer is almost always yes. The difference between a skilled sentencing submission and no submission at all can be the difference between a discharge and a criminal record, or between a community-based sentence and time in custody. See our article on why you need a lawyer for more on this point.

Pre-Sentence Reports

In many cases, the court will order a pre-sentence report (PSR) before imposing sentence. A PSR is prepared by a probation officer who interviews the offender and gathers information about their background, circumstances, and prospects for rehabilitation.

A typical pre-sentence report will cover:

• Personal history — upbringing, family circumstances, education, and employment
• Criminal record — prior convictions, if any, and the offender’s compliance history with past court orders
• Current circumstances — housing, employment, financial situation, and support systems
• Health and mental health — any relevant diagnoses, treatment history, or substance use issues
• The offender’s attitude toward the offence — expressions of remorse, acceptance of responsibility, and understanding of the impact on the victim
• Risk assessment — the probation officer’s opinion on the likelihood of reoffending
• Programming and rehabilitation — any counselling, treatment, or community service the offender has completed or is willing to undertake

A well-prepared PSR can significantly influence the sentence. Defence counsel often work with clients before the PSR interview to ensure the offender presents their circumstances accurately and completely. This is not about coaching someone to say what the court wants to hear — it is about making sure the full picture is before the judge.

Victim Impact Statements

The Criminal Code gives victims the right to prepare and read a victim impact statement (VIS) at sentencing. A VIS describes the physical, emotional, and financial harm the offence has caused. The court is required to consider any victim impact statement that is filed, and the victim has the right to read it aloud in court.

Victim impact statements can carry real weight at sentencing, particularly in cases involving violence, sexual offences, or fraud. While the statement must focus on the impact of the offence rather than opinions about what the sentence should be, a powerful VIS can shift the court’s focus toward denunciation and deterrence.

Gladue Reports

For Indigenous offenders, the sentencing process includes an additional and important consideration. Section 718.2(e) of the Criminal Code requires sentencing judges to pay particular attention to the circumstances of Indigenous offenders and to consider all reasonable alternatives to imprisonment.

This principle, established by the Supreme Court of Canada in R v Gladue and expanded in R v Ipeelee, recognizes the legacy of colonialism, residential schools, and systemic discrimination that has led to the dramatic overrepresentation of Indigenous people in Canada’s criminal justice system.

A Gladue report is a detailed document — typically prepared by a trained Gladue writer — that outlines the offender’s personal background in the context of these systemic and historical factors. It addresses:

• The offender’s personal experience with colonialism, displacement, residential schools, or the child welfare system
• Intergenerational trauma and its effects on the offender’s family and community
• The offender’s connection to their Indigenous community and culture
• Culturally appropriate alternatives to incarceration, such as healing circles, land-based programming, or Indigenous-led treatment

A Gladue report is not a “get out of jail free” card. Serious offences still attract serious sentences. But the report ensures the court considers the full context of the offender’s life and explores whether a restorative or community-based approach can achieve the goals of sentencing without adding to the cycle of incarceration that has disproportionately affected Indigenous communities.

Types of Sentences Available

Canadian sentencing law provides judges with a wide range of options. The sentence imposed will depend on the seriousness of the offence, the circumstances of the offender, and the applicable legal principles. Here is a summary of the main sentencing options, from least to most severe.

Absolute Discharge

An absolute discharge means you are found guilty but no conviction is registered. You walk out of court without a criminal record (the discharge is removed from CPIC after one year). Absolute discharges are reserved for cases where the offence is minor and a conviction would be disproportionate to the circumstances. For a full explanation of discharges and their implications, see our article on conditional and absolute discharges.

Conditional Discharge

A conditional discharge also results in no criminal record, but it comes with a period of probation and conditions you must follow. If you successfully complete the probation, the discharge is removed from CPIC after three years. If you breach the conditions, the court can revoke the discharge and substitute a conviction.

Suspended Sentence With Probation

A suspended sentence means a conviction is registered, but no jail time is imposed. Instead, you are placed on probation for up to three years with conditions. This is the most common sentence for less serious offences where a discharge is not available. The conviction will remain on your criminal record unless you later obtain a pardon or record suspension.

Conditional Sentence (House Arrest)

A conditional sentence order (CSO), often called “house arrest,” allows an offender to serve their sentence in the community rather than in custody. The offender is typically confined to their residence except for approved purposes (work, school, medical appointments, counselling). CSOs are only available where the sentence would otherwise be less than two years, there is no mandatory minimum of imprisonment, and the offence is not excluded by the Criminal Code.

A conditional sentence is still a jail sentence served in the community. Breaching the conditions can result in being taken into custody to serve the remainder of the sentence behind bars.

Jail (Provincial)

For sentences of less than two years, the offender serves their time in a provincial institution. In Ontario, this typically means a facility operated by the Ministry of the Solicitor General. Provincial sentences are often imposed for moderately serious offences or for offenders with prior records who are not eligible for community-based sentences.

Penitentiary (Federal)

Sentences of two years or more are served in a federal penitentiary operated by Correctional Service Canada. Federal sentences are reserved for the most serious offences — including many violent crimes, major drug trafficking offences, and sexual offences — or for offenders whose criminal history demonstrates that lesser sentences have failed to deter further offending.

Aggravating and Mitigating Factors

The sentence in any given case is shaped by aggravating factors (which push the sentence higher) and mitigating factors (which pull it lower). The judge must weigh these factors in light of the principles of sentencing: denunciation, deterrence, separation of offenders from society where necessary, rehabilitation, reparation, and promoting a sense of responsibility.

Common Aggravating Factors

• Prior criminal record, particularly for similar offences
• The offence involved violence, weapons, or significant planning
• The victim was vulnerable (a child, elderly person, or person in a position of dependence)
• A position of trust was abused
• The offence was motivated by bias, prejudice, or hate
• The offence had a significant impact on the victim or the community

Common Mitigating Factors

• First-time offender with no criminal record
• Youth or age of the offender
• Genuine remorse and acceptance of responsibility
• Early guilty plea (saving the court and witnesses the burden of a trial)
• Steps taken toward rehabilitation — such as counselling, treatment, or community service — before sentencing
• Strong community and family support
• Mental health issues or addiction that contributed to the offending behaviour
• Employment, education, and positive contributions to the community

The weight given to each factor depends on the case. A first offender who commits a serious violent crime may still receive a lengthy sentence. An offender with a record who demonstrates genuine rehabilitation may receive a more lenient one. Sentencing is an individualized process, and that is precisely why skilled advocacy matters.

Joint Submissions

In many cases, the Crown and defence will agree on an appropriate sentence and present a joint submission to the judge. Joint submissions are common in guilty plea cases and reflect a negotiated resolution that both parties believe serves the interests of justice.

Judges are not required to accept joint submissions, but the Supreme Court of Canada established a high bar for rejecting them. In R v Anthony-Cook (2016), the Court held that a judge should only depart from a joint submission if the proposed sentence would bring the administration of justice into disrepute or would otherwise be contrary to the public interest. This is a stringent test — sometimes referred to as the “public interest test” — and it means that joint submissions are rejected only in rare circumstances.

The rationale is straightforward: joint submissions are the product of negotiation between experienced counsel. They promote certainty, encourage guilty pleas (which save court time and spare victims from testifying), and reflect compromises on both sides. If judges routinely rejected joint submissions, accused persons would have little incentive to resolve cases by way of plea, and the system would grind to a halt.

If you are considering resolving your case by way of a guilty plea and joint submission, it is essential that your lawyer explains the process, the proposed sentence, and the risks involved. A joint submission is only beneficial if it reflects a fair outcome — and knowing whether a proposed sentence is fair requires experience with the local courts and the range of sentences imposed for similar offences. Our Barrie criminal defence team handles sentencing matters regularly and can advise you on whether a proposed resolution is in your best interest.

Credit for Pre-Trial Custody

If you were held in custody before your trial or guilty plea — commonly referred to as pre-trial custody or “dead time” — you are entitled to credit against your sentence. The standard rate is 1.5 to 1, meaning that for every day spent in pre-trial custody, you receive 1.5 days of credit toward your sentence.

The enhanced credit rate reflects the harsher conditions of pre-trial detention. Remand centres are often overcrowded, offer limited programming, and provide none of the earned remission that applies to sentenced inmates.

In some cases, the credit can be reduced to 1 to 1 — for example, where the offender was detained primarily because of a prior criminal record. The credit cannot exceed 1.5 to 1 except in exceptional circumstances.

Pre-trial custody credit can have a dramatic impact on sentencing. An offender who has spent six months in pre-trial custody may receive nine months of credit, which could mean the difference between further incarceration and a sentence of “time served.”

The Right to Appeal

A conviction or sentence is not necessarily the final word. Under the Criminal Code, you have the right to appeal both a conviction and a sentence.

For summary conviction offences, the appeal is heard by the Superior Court of Justice. For indictable offences, the appeal is heard by the Ontario Court of Appeal. In either case, the deadline to file a notice of appeal is 30 days from the date of the conviction or sentence.

Missing this deadline can result in the loss of your appeal rights, although it is sometimes possible to obtain an extension. If you believe your conviction was wrong — because of errors in law, misapprehensions of evidence, or an unreasonable verdict — or that your sentence was demonstrably unfit, you should speak with an appellate lawyer as soon as possible after sentencing.

Appeals are not retrials. The appellate court reviews the trial record and the legal arguments. In conviction appeals, the question is whether the trial judge made a legal error that affected the outcome. In sentence appeals, the question is whether the sentence was demonstrably unfit — meaning it fell outside the range of sentences that could reasonably have been imposed.

For more on the appeals process and how our team can help, visit our appeals practice area page.

Talk to a Criminal Defence Lawyer in Barrie

Sentencing is one of the most consequential stages of a criminal case. The outcome depends not only on the facts and the law but on the quality of the submissions made on your behalf. Whether you are facing sentencing after a trial, considering a guilty plea, or thinking about appealing a sentence that has already been imposed, you deserve experienced advocacy.

Mor Fisher LLP is a criminal defence firm based in Barrie, Ontario, serving clients across Central Ontario. If you or someone you care about is facing sentencing, contact us or call 705-252-2828 to schedule a consultation. We are available 24/7 for urgent matters.