How Does the Canadian Judicial System Address Repeat Offenders?

What Are the Potential Consequences of Being Convicted as a Repeat Offender in Ontario?

The consequences of repeat convictions in Ontario can be significant. The province’s government reported earlier in 2024 that it’s putting more repeat offenders involved in violent crimes in jail and more closely monitoring activity while the repeat offenders are out on bail. 

The consequences for nonviolent repeat offence convictions are also severe. For example, while a first-time DUI conviction can result in a one-year license suspension and a fine of up to $1,000, a second or third DUI conviction can lead to at least 30 days in jail and a fine that’s up to the judge’s determination. 

In general, someone facing a conviction for a crime they’ve previously been convicted for may face some or all of the following consequences.

• Mandatory time in jail, or more time in jail than would have been decreed for a first offense. (Note that sentences of two years or fewer usually are served in provincial jails called remand or detention centres, or provisional correctional centres, while longer sentences are usually served in federal penitentiaries.)
• Potential to be denied early release for good behaviour.
• Stiffer fines.
• More stringent parole and probation requirements, plus potentially closer monitoring by law enforcement while on parole and probation.
• The convicted person may have difficulty gaining access to rehabilitation programs because of their criminal history.
• There are myriad consequences that someone charged with a repeat offence, particularly those involving violent crimes, could face. 

What Defenses Might Be Used to Reduce the Severity of Repeat Offender Convictions?

Every criminal defense case is unique. There is no single defense tactic that applies to every situation. That’s why it’s crucial to contact an experienced criminal defense lawyer as soon as possible who can examine the specifics of your charges to help you determine the best possible approach.

That being said, there are several strategies that might be used, again depending on the circumstances of the case. These are just a few of the strategies your lawyer could use to try to have the charges dismissed, withdrawn, or reduced, or to have you acquitted.

• Negotiate for reduced charges or push to have the charges dropped. 
• Negotiate for a peace bond. In Canada, a peace bond is a criminal court order that requires the person receiving it to maintain good behaviour and remain peaceful. The bond can restrict what the person can do, where they can go, and who they can see. That can be anything from restricting the person from seeing an ex-spouse or possessing firearms, for example. A peace bond usually lasts up to 12 months, and if any of the terms are violated, they could face criminal charges again.
• Challenge the evidence in the case, including witness testimony.
• Look for charter rights violations. For example, if illegal drugs were found in an illegal search and seizure, your charter rights may have been violated, and the drugs may not be admissible in court. 
• Present evidence of the charged person’s innocence along with positive witness testimony or testimony backing up the evidence of innocence.
• If convicted, appeal the conviction or negotiate for less stringent sentencing terms.

If I’m Convicted of a Repeat Offense in Ontario, Is There Any Chance of a Reduced Sentence?

Don’t give up hope if you’re convicted of repeat offenses. There are still possibilities that your criminal defense lawyer can help you receive a reduced sentence. Many factors can affect the court’s decision when it comes to sentencing, including but not limited to the following.

• What types of charges were involved. Summary conviction offenses are usually less severe than indictable offenses and could lead to lesser consequences.
• Whether or not any person was harmed or whether or not society is considered to be harmed. 
• The type and extent of the crime. Even if repeated, less serious crimes may lead to less severe outcomes. 
• Whether the person convicted may be eligible for parole under Canadian law.

What Are Mandatory Minimum Sentences in Ontario?

Mandatory minimum sentences (MMS) in Canada are in a state of change. Earlier in the 2000s, there was a trend toward requiring MMS in the hopes that they would act as a deterrent and reduce crime. However, other trains of thought have argued that they’re not a deterrent, and because each case is unique and complex, the judge in each case should have more discretion over determining what an appropriate sentence would be for that specific case.

In fact, the Canadian Supreme Court recently struck down three of the so-called “tough on crimes” sentencing guidelines as being unconstitutional. One such guideline required a year in jail for drug offenses. The Court said that was cruel and unusual punishment because the circumstances of many drug cases vary too widely, and not all of them warranted that level of consequence.

It’s important to understand that a MMS may not involve jail time but rather fines, victim restitution, or probation.

What Should I Do if I’m Being Charged as a Repeat Offender in Ontario?

Call AR Law as soon as possible at 416-960-0781 to request a free case evaluation. The consequences of being convicted as a repeat offender can be severe, even life-changing. Working with an experienced, knowledgeable criminal defense lawyer who understands the law and potential tactics to reduce the consequences could be in your best interests.