In R. v. Johnston (Ont CA, 2023) the Court of Appeal considers a probation order:
[12] In the result, leave to appeal is granted, the appeal is allowed, and the conditional sentence is set aside. We would substitute a sentence of 16 months in prison. In the circumstances, we would stay the operation of that custodial sentence and direct that no warrant of arrest or committal issue. Notwithstanding that conclusion, the probation order remains. Given that we are imposing a sentence not exceeding two years, a probation order is still available. On that point, we note that it is the custodial term imposed at the time of sentence that determines whether a probation order can be imposed: R. v. Mathieu, 2008 SCC 21, [2008] 1 S.C.R. 723, at para. 19.
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