When convicted of multiple federal crimes, judges in Canada usually order the sentences to be served concurrently (at the same time) if the crimes were part of a single event. However, sentences must be served consecutively (stacked back-to-back) for specific offences like escaping lawful custody, or if the crimes were entirely separate incidents.
When an individual is charged with a string of offences, one of the most terrifying prospects is how the punishment will be calculated. In the Canadian justice system, determining how multiple sentences interact is a complex legal balancing act. If you are convicted of three separate counts of an indictable offence, do you serve those prison terms all at once, or one after the other? This distinction can mean the difference between spending a few years or a few decades inside a federal penitentiary. Whether your trial is taking place in Montreal, Quebec, or Halifax, Nova Scotia, the federal Criminal Code provides judges with specific guidelines on when to blend sentences concurrently and when they must legally stack them consecutively. Navigating this technical area of law is a primary reason why retaining an experienced criminal defence lawyer is essential.
Step-by-Step Process: How Judges Decide Sentence Structures
Judges do not simply add numbers together randomly. They must follow strict Supreme Court precedents and statutory rules when handing down a sentence for multiple convictions.
Step 1: Identifying the “Single Criminal Adventure”
The first step for the judge is to look at the facts of the case. Did the crimes happen during one continuous event? For example, if a person breaks into a bank (Break and Enter) and then steals money (Theft Over $5,000), these are two separate offences committed during a single incident. Canadian law generally dictates that sentences for a “single criminal adventure” should be served concurrently (at the same time).
Step 2: Assessing Unrelated Offences
Conversely, if the offences are entirely disconnected in time and place, the judge leans towards consecutive sentences. If a person commits a robbery in Vancouver in January, and then commits an entirely unrelated fraud in Victoria in September, these are separate crimes. To adequately penalise the offender for each distinct act of criminality, the judge will often order the sentences to be served consecutively (stacked back-to-back).
Step 3: Checking for Mandatory Consecutive Rules
Sometimes, the judge has no choice. The Criminal Code forces judges to impose consecutive sentences for certain high-priority crimes. For instance, if you use a firearm during the commission of an indictable offence, or if you commit an offence connected to terrorism, or if you assault a prison guard while trying to escape lawful custody, the sentence for that specific act must legally be stacked on top of any other sentence you are serving.
Step 4: Applying the Principle of Totality
Once the judge decides whether to use concurrent or consecutive math, they must step back and apply the “Totality Principle.” This is a fundamental rule in Canadian sentencing. The judge reviews the final, global number of years to ensure it is not unduly harsh or crushing. If stacking sentences results in a 25-year term for non-lethal crimes, the judge will often reduce the individual sentences to bring the total down to a humane level that still allows for eventual rehabilitation.
Step 5: Submitting Joint Submissions
Very often, you will not leave this math completely up to the judge. Your law firm will negotiate with the Crown prosecutor beforehand to reach a plea deal. They will present a “joint submission” to the judge, agreeing on which sentences should be concurrent. Judges in Canada almost always accept joint submissions unless they would bring the administration of justice into disrepute.
How Much Do Legal Services Cost in Canada?
Defending against multiple federal charges requires immense preparation, as the stakes are incredibly high.
- Law Firm Retainer: Defending a multi-count indictable case generally starts with a retainer between $5,000 and $10,000 CAD.
- Trial Fees: If the multiple charges go to a full trial, total legal fees can easily range from $20,000 to $50,000+ CAD.
- Sentencing Hearing Advocacy: If you plead guilty and the lawyer only needs to argue the totality principle at sentencing, fees usually range from $3,500 to $7,500 CAD.
- Federal Inmate Costs: If sentenced to a federal penitentiary (2 years or more), the Correctional Service of Canada covers housing and food, though inmates often rely on family transfers (in CAD) to purchase items from the prison canteen.
How Long Does the Process Take?
Determining the sentence structure happens during the final sentencing hearing, which usually lasts one to two days. However, reaching that hearing can take 12 to 24 months of court appearances. Once inside the federal system, your timeline for release depends on the global sentence. Generally, most inmates become eligible for full parole after serving one-third of their global concurrent or consecutive sentence.
| Crime Scenario | Sentence Structure | Explanation |
|---|---|---|
| Robbery + Assault during the same incident | Concurrent | Single criminal adventure; sentences run at the same time. |
| Fraud in 2024 + Unrelated Theft in 2025 | Consecutive | Distinct, separate events; sentences stacked. |
| Using a Firearm during any crime | Consecutive (Mandatory) | Criminal Code dictates it must be stacked. |
Frequently Asked Questions (FAQ)
If I get three 5-year concurrent sentences, how long is my total sentence?
Your total global sentence is 5 years. Because they are served concurrently, the clocks for all three sentences tick down at the exact same time.
Can a summary conviction be served consecutively to an indictable offence?
Yes. If the offences are unrelated, a judge can order a shorter summary conviction sentence (e.g., 6 months in a provincial jail) to be served consecutively to a longer federal penitentiary sentence.
What happens if I commit a crime while already in a federal prison?
Generally, sentences for crimes committed while incarcerated (such as assaulting another inmate or a guard) are mandated by law or strong precedent to be served consecutively to the sentence you are already serving.
Does a life sentence mean I serve consecutive terms forever?
No. In Canada, life sentences are not stacked in terms of overall duration, as a person only has one life. Recently, the Supreme Court struck down consecutive parole ineligibility periods for multiple murders, meaning the maximum parole wait time is generally 25 years.
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