What are the Different Types of Prison Sentences?

Updated: March 27, 2025
Legally Reviewed by Cory Wilson

When an individual is convicted of a crime in Canada, a range of sentencing options may be available to judges.

Depending on the seriousness of the crime, the criminal background of the offender, and the principles of sentencing outlined in the Criminal Code, a term of imprisonment may be one of the options.

Prison sentences may be served in a provincial or territorial prison or a federal penitentiary. Different types of prison sentences apply to different offences and offenders. Some crimes have mandatory minimum sentences and others are left to the discretion of the judge.

Here’s what else you need to know about prison sentences in Canada…

Sentencing options in Canada

Sentencing aims to serve the following purposes in Canada:

• To act as a specific deterrent to the offender and to generally deter others in society from committing crime
• To denounce unlawful conduct
• To protect society
• To punish the offender
• To rehabilitate the offender
• To act as a form of retribution for victims

Besides prison sentences, other options available to judges in Canada may include:

• A conditional discharge: an offender is found guilty of committing a crime but is not given a registered conviction. Instead, a set of “conditions” must be met during probation to prevent a criminal record.
• An absolute discharge: similar to a conditional discharge but without any probation period.
• A probation order: an offender must follow a set of guidelines and rules for a specific period. 
• “House arrest” or Conditional Sentence Order (CSO): an offender serves a jail sentence in the community under strict conditions, rather than in jail, following strict criteria.
• A suspended sentence: similar to a conditional discharge but it stays on the offender’s criminal record unless a record suspension (pardon) application is successful.
• Alternative Measures: an offender performs community service, seeks treatment or education, and/or may attend special programs.
• A fine: a financial penalty that an offender must pay to the Court within a certain period and which may be ordered instead of or in addition to a prison sentence. A victim surcharge of 30 percent may be added by judges to help fund services and programs for the victims of crime.

Prison sentences vs jail sentences

If a judge imposes a term of imprisonment for a criminal conviction in Canada, this may be served in jail (a provincial or territorial correctional facility) or in a federal prison or penitentiary.

Individuals sentenced to less than two years imprisonment are generally sent to a provincial facility while those serving over two years will be sent to a federal penitentiary.

Provincial correctional facilities in Alberta and elsewhere are run by provincial governments and may take the form of detention or remand centers. 

Prisons or federal penitentiaries are run by federal government officials and may be known as federal correctional institutions. Prisons are classified according to their security levels—either maximum, medium or minimum security. 

Summary vs indictable offences in Canada

Summary offences include crimes like public intoxication, trespassing at night, and disturbing the peace. These cases are usually heard by the provincial court and the maximum penalty for such offences is a fine, probation or up to two years less a day in jail.

Indictable offences are more serious and include murder, kidnapping, robbery with a firearm, etc. These cases are often heard in front of a jury, may involve a preliminary hearing, and can result in up to life imprisonment.

Hybrid offences are the most common type of criminal offence in Canada, including assault, DUI/impaired driving, and theft under $5,000. The Crown prosecutor decides whether to proceed as a summary or indictable offence based on the circumstances and severity of the crime.

What are intermittent sentences?

An intermittent sentence allows an offender to serve a prison sentence in intervals rather than consecutively, e.g., at weekends. This type of sentence is only available for offenders who receive a jail term of 90 days or less but, critically, it allows the individual to maintain employment, education or family responsibilities while also serving their sentence.

During the periods when they are not incarcerated, offenders are typically on probation and must adhere to the conditions.

Concurrent vs. consecutive sentences

When an individual is convicted of multiple offences, the court will decide whether the sentence runs concurrently or consecutively:

• With a concurrent sentence, the offender serves multiple sentences at the same time; two three-year sentences would be served concurrently, meaning a sentence of three years in total.
• With a consecutive sentence, the offender serves one sentence after another. In the above example, the offender would serve six years in total.

Determinate vs. indeterminate sentences

Another sentencing variation with prison sentences in Canada is determinate and indeterminate sentences.

Determinate sentences are the most common and have a fixed length, such as five years in prison with possible eligibility for parole before the full sentence has been served, depending on the circumstances.

Indeterminate sentences may be imposed for dangerous offenders who pose a high risk of reoffending. Offenders remain in prison indefinitely, with periodic reviews by the Parole Board of Canada to determine if they can be safely released.

Parole

Offenders may be eligible for parole (early release from prison with a set of conditions to follow) for good behaviour in prison based on the rules and guidelines of the Canadian parole system. This allows the integration back into society after a prison term.

Mandatory minimum prison sentences in Canada

If mandatory minimum prison sentences are specified in the Criminal Code, the judge has less discretion when sentencing. A term of imprisonment must be imposed according to the law and most alternative sentencing options, therefore, become unavailable.

For instance, a conviction for first-degree murder comes with mandatory life imprisonment and a minimum 25-year parole ineligibility period. The mandatory minimum sentence for importing drugs is one year.

Life sentences

Life sentences do not necessarily mean offenders will spend the rest of their lives in prison but, if and when they are released, they will be under supervision for life by the Parole Board of Canada.

Being eligible for parole does not guarantee release from prison and depends on many factors while serving the prison term.

Remember, if you are convicted of a crime and go to prison in Canada, you will have a lifelong criminal record that can only be removed from background checks with a pardon (or record suspension as it is now called).

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