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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

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