Probation is a sentencing disposition under section 731 of the Criminal Code that allows an offender to serve part or all of their sentence in the community under court-imposed conditions. A probation order can be imposed on its own, following a period of imprisonment of two years less a day, or as part of a conditional discharge.
Probation orders can last up to three years and include both mandatory and optional conditions. Mandatory conditions include keeping the peace and being of good behaviour, appearing before the court when required, and notifying the court of any change of address or employment. Optional conditions may include: reporting to a probation officer, performing community service, attending counselling or treatment programs, abstaining from alcohol or drugs, not possessing weapons, and complying with a curfew.
Breaching a probation condition is a criminal offence under section 733.1 of the Criminal Code, punishable by up to four years imprisonment if prosecuted by indictment. Defence counsel advise clients to comply with every condition, even those that seem minor, and to apply to the court for a variation if a condition is impractical rather than simply ignoring it.