Availability of a Probation Order

 

• A probation order cannot be imposed where the sentence ordered is more than two years: see s. 731(1)(b); R v Labelle, 2016 ONCA 110 at para 13

 

 

Optional Conditions of Probation Order

 

• It is within the sentencing judge's discretion to order, under section 732.1(3), that the defendant remain in Ontario (unless written permission is obtained). This does not amount to banishment from another province: R v Corby, 2016 ONCA 040