The Ontario Court of Appeal has recently reversed a Bill that eliminated Conditional Sentence (House Arrest) as a sentencing option for certain crimes.
By declaring the law unconstitutional, this decision is a major breakthrough for accused persons who face potential jail sentences. In 2012, the Conservative Harper government barred community-based sentences for offences that carried a maximum penalty of 10 years or more. Previously, a conditional sentence was available for crimes that had a maximum sentence of up to 14 years. That change had a profound effect on individuals charged with a wide variety of criminal offences.
This is a landmark decision which has the potential to open the floodgates for thousands of Accused persons in the future. This decision of the Ontario Court of Appeal will in all likelihood be appealed to the Supreme Court, and will be closely followed by stakeholders in the Criminal Justice system
