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, but also more closely monitoring those repeat offenders’ activities while they 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 fine of $1,000, a second DUI conviction can lead to at least 30 days in jail, and a third DUI conviction can lead to at least 120 days in jail in addition to a fine that will be up to the judge’s discretion. 

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

• Mandatory time in jail, or more time in jail than would have been decreed for a first offence. (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 defence case is unique. There is no single defence tactic that applies to every situation. That’s why it’s crucial to contact an experienced criminal defence lawyer as soon as possible who can examine the specifics of your charges to help you determine the best possible approach.

In fact, there are several strategies that might be used, again depending on the circumstances of the case. The following are just a few of the strategies your lawyer could use to try to have the charges dismissed, withdrawn, or reduced, or to have you acquitted.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 lieu of a conviction. 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, the individual could face criminal charges again.
• Challenge the evidence in the case, including witness testimony.
• Identify 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. 
• Establish the accused’s innocence with positive witness testimony or other pieces of evidence.
  
• Appeal a conviction accordingly 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 defence 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:

• The types of charges involved. Summary conviction offences are usually less severe than indictable offences and could lead to lesser consequences.
• Whether or not any person was harmed, or whether society’s interest is at stake.
  
• 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, hoping 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 supposed “tough on crimes” sentencing guidelines as being unconstitutional. One such guideline required at least a year in jail for most drug offences. The Court said that was cruel and unusual punishment because the circumstances for many drug cases vary too widely, and not all of them warranted that level of consequence.

It’s important to understand that an 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 defence lawyer who understands the law and potential tactics to reduce the consequences could be in your best interest.