Proportionality
Sentences must fit the offence and the offender.
Sentencing Advocacy
Criminal Sentencing Lawyer
in Toronto
Sentencing is not a formality. The materials and arguments put before the court can significantly shape the sentence imposed.
JT Defence Law represents clients at sentencing hearings following a guilty plea or a finding of guilt, building a full picture of the person before the court.
Schedule a Confidential ConsultationWhy Sentencing Advocacy Matters
Canadian sentencing law requires that a sentence be proportionate to the seriousness of the offence and the degree of responsibility of the offender.
Judges must consider aggravating and mitigating circumstances, the principle of restraint, and, for all offenders and particularly Indigenous offenders, the alternatives to imprisonment that are reasonable in the circumstances. Thoughtful preparation helps ensure the court has the information it needs.
Restraint
Courts must consider less restrictive sanctions where appropriate.
Personal Circumstances
Background, rehabilitation and community support matter.
Collateral Consequences
Immigration and employment impacts can be relevant.
What We Do
Presenting the whole person to the court.
We gather the materials that help the court understand who you are, such as letters of support, employment and education records, counselling and treatment reports, and, where appropriate, Gladue or enhanced pre-sentence reports.
We research the applicable sentencing ranges and present focused submissions for a fair and appropriate sentence, including non-custodial options where they are available.
Mitigation
Letters, reports and evidence of rehabilitation.
Gladue & EPSR
Reports addressing Indigenous and Black offenders’ circumstances.
Sentencing Options
Discharges, conditional sentences and probation.
Submissions
Researched, persuasive arguments on the appropriate sentence.
Sentencing options
Sentencing options in Canada
Depending on the offence and circumstances, the court may consider a range of sentences.
- Absolute and conditional discharges
- Suspended sentence with probation
- Fines and restitution
- Conditional sentences served in the community
- Intermittent sentences
- Custodial sentences
Our Approach
- 01
Understand Your Story
We learn about your background, circumstances and goals for the future.
- 02
Gather the Materials
We assemble letters, reports and other evidence relevant to sentence.
- 03
Advocate for You
We present focused submissions and, where possible, seek an agreed position with the Crown.
Our Goal: If you are facing sentencing, careful preparation can help ensure the court sees the full picture.
FAQ’s
Frequently Asked Questions
Clear answers to common questions about criminal sentencing in Ontario.
01 What Is A Discharge?
A discharge means that, although you were found guilty, no conviction is entered. An absolute discharge takes effect immediately; a conditional discharge takes effect after you complete probation. Discharges are not available for all offences, and the court must be satisfied it is in your best interests and not contrary to the public interest.
02 What Is A Conditional Sentence?
A conditional sentence is a sentence of imprisonment of less than two years served in the community under strict conditions, sometimes including house arrest. It is available only for certain offences and where the court is satisfied that serving the sentence in the community would not endanger public safety.
03 What Are Gladue And Enhanced Pre-Sentence Reports?
Gladue reports provide information about the circumstances of Indigenous offenders, which courts must consider at sentencing. Enhanced pre-sentence reports, sometimes called Impact of Race and Culture Assessments, provide information about the impact of systemic racism and the background of Black and other racialized offenders. Both can help the court craft a fit sentence.
04 What Is A Joint Submission?
A joint submission is a sentence that the Crown and defence agree to recommend together, often as part of a plea resolution. Courts give joint submissions significant weight and should depart from them only in limited circumstances.
05 Can A Sentence Affect My Immigration Status?
Yes. For non-citizens, the type and length of a sentence can carry serious immigration consequences. Courts may consider these consequences. Tell your lawyer about your status early and obtain immigration advice as well.
This page provides general information about Ontario criminal law and is not legal advice. Every case depends on its own facts. Speak with a lawyer about your specific situation. Past results do not guarantee a similar outcome.
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If you are facing sentencing, careful preparation can help ensure the court sees the full picture.
- Discharges
- Conditional sentences
- Gladue and EPSR reports
- Sentencing submissions
Proudly representing clients across Toronto and Ontario.