In Canada, if a judge sentences you to 90 days or less in jail, you can request an “intermittent sentence.” This allows you to serve your time on weekends at a provincial correctional centre, enabling you to keep your weekday job and care for your family. During the week, you are bound by strict probation rules.
Facing jail time is a devastating prospect that threatens to unravel your entire life. 🚨 Even a short sentence can result in losing your job, defaulting on your mortgage, or losing custody of your children. Recognizing that completely removing a non-violent offender from society can cause more harm than good, the Canadian justice system offers a unique alternative: the intermittent sentence. Commonly known as “weekend jail,” this option is a lifeline for people who have made a mistake but are otherwise productive members of society.
Under Section 732 of the Criminal Code of Canada, an intermittent sentence allows an offender to serve their custodial time in chunks-usually from Friday evening to Monday morning. However, receiving this sentence is never guaranteed. It is only available for relatively short sentences, and the judge must be convinced that allowing you into the community during the week does not pose a risk to public safety. Whether you are facing a summary conviction in Surrey, Regina, or Ottawa, understanding how to apply for an intermittent sentence is vital to preserving your livelihood.
Step-by-Step Process in Canada
Securing an intermittent sentence requires your criminal defence lawyer to make a compelling argument to the judge. 📋 Because intermittent sentences are served in provincial jails (not federal penitentiaries), local jail capacities also play a minor role in how the sentence is administered.
Step 1: Determining Legal Eligibility
The first hurdle is strict math. An intermittent sentence is only legally possible if the judge intends to impose a sentence of exactly 90 days or less. If the Crown Prosecutor is seeking 91 days or if the offence carries a mandatory minimum sentence higher than 90 days, you are legally barred from serving your time on weekends. It is available for both summary convictions and some less serious indictable offences.
Step 2: Proving the Need for a Weekend Sentence
You cannot simply ask for weekends because regular jail is inconvenient. 📄 You must prove a compelling need. Your lawyer will help you gather evidence such as a letter from your employer confirming you work Monday to Friday, medical documents if you care for an ill family member, or school schedules if you are a full-time student. The goal is to show the judge that continuous jail time would cause disproportionate collateral damage to your life.
Step 3: The Lawyer’s Pitch at Sentencing
During your sentencing hearing, your law firm will present this evidence to the judge and the Crown. Your lawyer will argue that you are not a danger to the public, you have taken accountability for your offence, and an intermittent sentence serves the principles of rehabilitation better than a straight custodial sentence.
Step 4: The Judge’s Ruling and Probation Order
If the judge agrees, they will issue the intermittent sentence alongside a mandatory Probation Order. 📝 This is a critical point: when you are not in jail during the week, you are legally on probation. You must abide by strict conditions, which often include a curfew, abstaining from alcohol or drugs, and staying away from certain people.
Step 5: Reporting to the Provincial Jail
You are responsible for surrendering yourself to the designated provincial correctional centre at the exact time ordered by the judge. Typically, this means arriving at the jail by 7:00 PM on Friday and being released at 6:00 AM on Monday. Every time you enter the jail, you will be strip-searched and placed in the general weekend population. If you show up late, or arrive under the influence of alcohol, you can be charged with being unlawfully at large.
Step 6: Paying the Administrative Fee (in some provinces)
In certain provinces, offenders serving intermittent sentences may be charged a small “room and board” administrative fee for the weekends they spend in custody, though this varies heavily by local provincial regulations.
How Much Does it Cost in Canada?
While the sentence itself is an alternative to standard custody, securing it often requires extensive legal preparation. 💰
| Expense | Estimated Cost (CAD) |
|---|---|
| Lawyer Fees (Sentencing Prep) | $1,500 to $4,000+ (To gather evidence and argue for the sentence) |
| Transportation to Jail | $20 to $100 per weekend (Gas, taxis, or transit to the jail every Friday) |
| Lost Wages (Weekends) | Varies (If you normally work overtime or weekend shifts) |
| Provincial Jail Fees | $0 to $50 per weekend (Depends on the specific province’s policies) |
How Long Does the Process Take?
A weekend sentence stretches out the time it takes to finish your punishment. ⏱️ A typical weekend (Friday night to Monday morning) counts as 3 to 4 days of your sentence, depending on the exact hours ordered. Therefore, if you receive a maximum 90-day intermittent sentence, it will take you roughly 22 to 30 weeks (over half a year) of consecutive weekends to complete the jail portion, not counting your ongoing probation.
Frequently Asked Questions (FAQ)
What happens if I miss a weekend because I am sick?
You cannot simply decide to skip a weekend. If you are severely ill, you must contact the jail immediately and provide a verified doctor’s note. Unexcused absences can result in the judge revoking your intermittent sentence and forcing you to serve the remainder of your time straight through.
Can I choose which days to serve if I work on weekends?
Yes, but it is entirely up to the judge and the local jail’s capacity. If you work in a restaurant every Saturday and Sunday, your lawyer can ask the judge to schedule your jail time for Tuesday to Thursday instead.
Will I be put in a cell with dangerous criminals?
Intermittent sentences are served in provincial jails, which hold people awaiting trial and those serving sentences under two years. While many jails try to keep “weekenders” in a separate unit to prevent contraband smuggling, you will be in a real jail environment.
Can an intermittent sentence be combined with house arrest?
No. You cannot serve an intermittent sentence and a Conditional Sentence Order (house arrest) at the same time. However, during the weekdays of your intermittent sentence, your probation conditions may include a strict curfew that acts similarly to house arrest.
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