Conditional Sentences in Alberta: How House Arrest Works

By Karanpal Aujla, Criminal Lawyer at Cambria Law

Introduction

Not every conviction in Alberta leads to jail time behind bars. For some offences, judges can impose a conditional sentence — commonly known as house arrest — allowing individuals to serve their sentence in the community under strict supervision.

Conditional sentences aim to hold offenders accountable while supporting rehabilitation and reducing the strain on correctional facilities. They are a middle ground between probation and incarceration — but they come with serious obligations.

If you have been charged or sentenced in Edmonton, understanding how conditional sentences work can help you navigate your options and avoid costly breaches.

What Is a Conditional Sentence?

A conditional sentence order (CSO) is a jail sentence of less than two years that a judge allows to be served in the community instead of in custody.

It is still a sentence of imprisonment — just served under conditions that restrict liberty outside prison walls. If those conditions are breached, the person can be arrested and ordered to serve the remainder in jail.

Conditional sentences are governed by section 742.1 of the Criminal Code of Canada.

When a Conditional Sentence Is Available

Not all offences qualify. A judge may only grant a conditional sentence if:

1. The offence does not carry a mandatory minimum sentence; and
2. The appropriate jail term would be less than two years; and
3. The judge is satisfied that serving the sentence in the community would not endanger public safety.

Recent amendments to the Criminal Code, including reforms passed in 2022, expanded eligibility for conditional sentences that had previously been restricted. This change restored judicial discretion for certain non-violent offences, such as property crimes, fraud, or breach of trust, provided the individual poses no ongoing risk.

Offences That Typically Qualify in Alberta

Conditional sentences are most often granted for non-violent, first-time offences where rehabilitation is realistic. Examples may include:

• Fraud or theft under $5,000
• Mischief or property damage
• Simple drug possession
• Assault causing bodily harm (in limited circumstances)
• Breach of trust offences without significant harm

Each case is judged on its facts. The court considers the offender’s background, remorse, employment stability, and likelihood of reoffending.

Conditions of a Conditional Sentence Order

A conditional sentence combines strict control with the opportunity to remain at home and maintain employment or family responsibilities.

Standard conditions include:

• House arrest — confinement to your home except for approved activities such as work, medical appointments, or legal meetings.
• Electronic monitoring or random compliance checks.
• Curfew or limited movement hours.
• Mandatory counselling or treatment, such as anger management or substance use programs.
• Community service hours.
• No contact orders with victims or co-accused.
• Abstinence from drugs or alcohol if related to the offence.

Failure to comply with any condition can trigger an immediate arrest and a hearing to determine whether the order should be revoked.

How House Arrest Works in Practice

While people often refer to conditional sentences as house arrest, not all CSOs require total confinement. Some allow limited mobility for employment, parenting duties, or education.

The order will specify when and where you may leave your residence. Typical examples include:

• Work or school attendance
• Medical or counselling appointments
• Religious observance
• Court appearances or legal consultations
• Community service commitments

Leaving home outside approved times or without documentation is treated as a serious breach. Alberta’s probation officers or correctional supervisors monitor compliance closely through random visits or electronic verification.

Breach of a Conditional Sentence

Breaching a conditional sentence order is not taken lightly.

If you violate any condition — even unintentionally — the supervising officer can file a report with the court. A breach hearing will then determine whether the violation occurred.

Possible outcomes include:

• A warning or modification of conditions for minor breaches
• Revocation of the order, requiring the offender to serve the remainder of the sentence in custody
• In some cases, additional charges under section 742.6 of the Criminal Code

The law presumes that breaches are serious — meaning the onus is on the accused to prove they complied or had a reasonable excuse.

The Purpose Behind Conditional Sentences

The Supreme Court of Canada has repeatedly affirmed that conditional sentences serve three main goals:

1. Reducing reliance on incarceration for offenders who pose little risk to society.
2. Encouraging rehabilitation through continued employment, family involvement, and counselling.
3. Ensuring accountability through structured supervision and meaningful restrictions.

In Alberta, conditional sentences reflect a broader shift toward restorative and community-based justice, particularly for non-violent and first-time offenders.

Case Law Example: R. v. Proulx (2000 SCC 5)

In R. v. Proulx, the Supreme Court clarified how judges should apply conditional sentences. The Court held that CSOs must include punitive conditions — such as house arrest or curfew — to reflect the seriousness of the offence, while still emphasizing rehabilitation and restorative justice.

The decision remains foundational for Alberta sentencing judges when balancing punishment and rehabilitation.

Conditional Sentences vs. Probation

While both involve supervision in the community, they are not the same:

Conditional sentences are effectively jail at home — more lenient than incarceration but far stricter than probation.

When a Conditional Sentence Might Not Be Granted

A judge is unlikely to approve a CSO when:

• The offence involves violence, firearms, or serious bodily harm
• The offender has a significant prior record
• There is a history of non-compliance with court orders
• The victim or public would be placed at risk

Each case requires the judge to weigh community safety against the offender’s potential for rehabilitation.

Practical Considerations for Those on House Arrest

If you are serving a conditional sentence in Alberta:

• Follow every rule exactly — even small violations can lead to jail.
• Keep documentation for approved absences, such as work schedules or appointment letters.
• Stay in touch with your supervisor and respond promptly to communications.
• Seek legal advice immediately if your circumstances change or compliance becomes difficult.

The most successful outcomes come from transparency and strict adherence to the conditions set by the court.

Conclusion

Conditional sentences give Alberta judges flexibility to impose accountability while promoting rehabilitation. They are a privilege, not a right — and they come with real consequences if breached.

For those eligible, house arrest can mean maintaining employment, family connections, and treatment programs while serving a sentence within the community.

If you are facing sentencing or already under a conditional order, understanding your obligations — and getting appropriate legal guidance — can help you stay on track.

Cambria Law | Criminal Defence in Edmonton

At Cambria Law, we represent clients seeking fair, balanced sentencing options under Alberta law. Our team helps evaluate eligibility for conditional sentences, prepare mitigation materials, and defend against breach allegations.

Contact us to learn how we can help you understand your options and plan your next steps.