Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Imposing of conditional sentence

742.1 If a person is convicted of an offence and the court imposes a sentence of imprisonment of less than two years, the court may, for the purpose of supervising the offender’s behaviour in the community, order that the offender serve the sentence in the community, subject to the conditions imposed under section 742.3, if

• (a) the court is satisfied that the service of the sentence in the community would not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sentencing set out in sections 718 to 718.2;

• (b) the offence is not an offence punishable by a minimum term of imprisonment;

• (c) the offence is not an offence under any of the following provisions:

  • (i) section 239, for which a sentence is imposed under paragraph 239(1)(b) (attempt to commit murder),

  • (ii) section 269.1 (torture), or

  • (iii) section 318 (advocating genocide); and

• (d) the offence is not 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.

• (e) [Repealed, 2022, c. 15, s. 14]

• (f) [Repealed, 2022, c. 15, s. 14]