The Statutory Scheme

 

  • Section 732(1) of the Criminal Code describes the circumstances in which a sentence of imprisonment may be served intermittently.

  • Section 719(1) of the Criminal Code provides that a sentence commences when it is imposed, except where a relevant statute provides otherwise.

 

 

Chaining Intermittent Sentences Together

 

  • Chaining intermittent sentences (i.e., imposing multiple sentences together) beyond the 90-day limit established by s. 732(1) is illegal as it defeats the object of the subsection and the correctional principles it was meant to serve: R v Clouthier, 2016 ONCA 197 at para 31 (citation ommitted)

    • Example: where an accused is conviced of several counts in the same information, and the trial judge imposes intermittent sentences at different times for those counts, together amounting to more than 90 days. This result is an effective sentence that defeats the object of s. 732(1): Clouthier at paras 38-40

 

  • However, since a conditional sentence imposed at the same time is not “a sentence of imprisonment” within the meaning of s. 732(3), it does not extend the intermittent sentence beyond the 90-day limit in s. 732(1) and is therefore lawful: Clouthier at para 31 

    • Example: imposing a 90-day sentence of imprisonment to be served intermittently and concurrent sentences of 18 months to be served conditionally.