Breach of Release Conditions

From Canadian Criminal Law Notebook
Jump to: navigation, search

General Principles

A violation any terms of release conditions issued under s. 515 can result in one or more of the following:[1]

  1. arrest for violating a summons, appearance notice, promise to appear, undertaking or recognizance (524(1)(a) or (b));
  2. cancellation of the release order and order that the accused be kept in custody for a further bail hearing (524(4));
  3. Release on new undertaking or recognizance (524(5)); and/or
  4. A charge for breach of undertaking or recognizance (145(5.1)).
  5. a application for estreatment of recognizance.

Where an accused is arrested for an offence while released on a recognizance, the recognizance will remain in place.[2]

A recognizance remains in effect from the sureties remain bound by the conditions under section 764 (1) despite the breach allegation and arrest warrant being issued.[3]

Burden of Proof
When restrictive conditions contain exceptions, there is no burden upon the Crown to disprove the applicability of any of the conditions.[4] The burden to prove the applicability of an exception to a condition lies on the accused on a balance of probabilities.[5]

  1. R v O’Connor, 2015 ONSC 1256 (CanLII), at para 43
  2. s. 765
  3. R v Lowingali, 2009 ABPC 185 (CanLII)
  4. R v Ali, 2015 BCCA 333 (CanLII) at paras 26 to 30
  5. Ali at para 30

Arrest for Breach of Release of Conditions

Revocation of Bail

Charges for Breach of Conditions

Estreatment of Recognizance

See Also