A withdrawal or stay of charges typically occurs when the Crown Attorney believes that there is either no reasonable prospect of conviction or when proceeding with the prosecution is no longer in the public interest to proceed. Both circumstances will mean that the prosecution is complete, you will no longer be required to return to Court and you will no longer be on bail for those Charges.

Differences: a withdrawal means the charges are irrevocably finished. In comparison a stay carries a one year grace period where the Crown can choose to reopen the case and proceed with the prosecution against you. This is a rare occurrence and is typically only triggered when you are charged with new Criminal Offences.

An absolute discharge is the most favourable form of sentence available. There is a formal finding of guilt, whereby the Defendant will either admit or the Judge has found the existence of the facts which makes out all the essential elements of the particular offence. However, there is no conviction. An absolute discharge will stay on a criminal record for a one year period.

Do I have a criminal record? – when granted a discharge, a person may honestly answer that “they have never been convicted of a criminal offence”. However, if asked: “have you ever been found guilty of a criminal offence?’ The answer would be “Yes”. A discharge is registered on the RCMP’s National Records Repository. Even though, it is not a conviction, it remains on your criminal record until it is purged.

A conditional discharge is an absolute discharge with probation. There is a formal finding of guilt, however, a conditional discharge includes a period of probation ranging from one to three years. A conditional discharge stays on a criminal record for a period of three years i.e. if on January 1, 2020 the Court orders probation for 12 months, the date of expunging would be on January 1, 2023. If you fail to meet the conditions set out on your probation order, the conditional discharge may be revoked and you could subsequently be convicted

The Judge presiding over a case can set out clear terms of probation. Both the Crown Attorney and your Defence Lawyer will have an opportunity to advocate for and against conditions. During the period of the probation order, any failure to follow the terms may result in further Criminal charges. Typical probation terms might include keep the peace and be of good behaviour (KPBGB), counselling, no weapons, (PARS), etc.

After a formal finding of guilt and a conviction is registered a fine can be ordered instead of or in addition to other sentences that might require “serving time”. A fine cannot be ordered on top of a discharge, because a conviction has not been registered.

Courts will allow a period of time to pay the fine, failure to do so might result in additional Criminal charges. So long as some efforts have been made to pay back the fine, an application can be brought before a Judge to explain why more time is needed and request an extension of the time to pay.

A suspended sentence occurs when there is finding of guilt and a conviction is registered. Whenever a suspended sentence is imposed, it is not considered a final disposition. In lieu of “serving time” the Judge orders a period of Probation (one to three years) to be followed. Failure to follow any of the conditions can result in a charge of failure to comply with probation order and the Judge can revoke the suspended sentence and choose to sentence the individual again.

A conditional sentence is available following a formal finding of guilty and a conviction is registered. The Judge can only consider a conditional sentence order (CSO) where the total term of imprisonment is less than two years, and the specific offence does not have a statutory minimum jail time.

A CSO allows for the sentence to be served in the community, they are typically broken down into thirds: the first third will be spent on house arrest, the second third will be spent on curfew, and the last third will be open in the community. The Judge has the flexibility to impose exceptions to the house arrest and specific conditions that must be followed throughout the CSO. CSO are typically supervised by the Probation Officer.

If any of the CSO conditions are breached and/or new Criminal charges come to light the sentencing Judge will preside over a hearing to determine whether the remaining time should be served in jail.

An intermittent sentence or commonly referred to as “weekends” is available after formal finding of guilt and a conviction is registered. A Judge can order that the period of jail be served on a predetermined schedule, so long as the period of incarceration is less than ninety days. An intermittent sentence is typically considered if there is gainful employment or a school schedule that needs to be accommodated. Judges will typically order a probation order (one to three years) in addition to an intermittent sentence.

The Judge can order that the jail term be served by reporting to the Detention Facility in a sober condition during a period of time, i.e. every Friday at 8:00pm to be released Monday morning at 6:00am until the period of incarceration is completed. Judges are normally understanding and flexible when tailoring the reporting times to suit work or school schedules.

A period of incarceration can be ordered after a finding of guilt and a conviction is registered. The length of the jail term will determine whether it is served in a provincial institution (two years less one day) or in a federal penitentiary (two years or more).