Breach of Undertaking, Recognizance, or Probation, Failing to Attend (Sentencing Cases)
This page was last substantively updated or reviewed January 2018. (Rev. # 96740) |
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Offence Wording
Failure to comply with Undertaking
145
[omitted (1), (2)and (3)]
- Failure to comply with undertaking
(4) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or an offence punishable on summary conviction who,
- (a) is at large on an undertaking and who fails, without lawful excuse, to comply with a condition of that undertaking; or
- (b) is at large on an undertaking that has been confirmed by a justice under section 508 [justice to hear informant and witnesses] and who fails, without lawful excuse, to appear at the time and place stated in the undertaking for the purposes of the Identification of Criminals Act or to attend court in accordance with the undertaking.
[omitted (5), (5.1), (6), (7), (8), (9), (10) and (11)]
R.S., 1985, c. C-46, s. 145; R.S., 1985, c. 27 (1st Supp.), s. 20; 1992, c. 47, s. 68; 1994, c. 44, s. 8; 1996, c. 7, s. 38; 1997, c. 18, s. 3; 2008, c. 18, s. 3; 2018, c. 29, s. 9; 2019, c. 25, s. 47.
Failure to comply with Undertaking
145
[omitted (1), (2), (3) and (4)]
- Failure to comply with order
(5) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years, or is guilty of an offence punishable on summary conviction, who
- (a) is at large on a release order and who fails, without lawful excuse, to comply with a condition of that release order other than the condition to attend court; or
- (b) is bound to comply with an order under subsection 515(12) [order re no communication on detention], 516(2) [Detention pending bail hearing] or 522(2.1) [Order re no communication — s. 469 offences] and who fails, without lawful excuse, to comply with that order.
[omitted (5.1), (6), (7), (8), (9), (10) and (11)]
R.S., 1985, c. C-46, s. 145; R.S., 1985, c. 27 (1st Supp.), s. 20; 1992, c. 47, s. 68; 1994, c. 44, s. 8; 1996, c. 7, s. 38; 1997, c. 18, s. 3; 2008, c. 18, s. 3; 2018, c. 29, s. 9; 2019, c. 25, s. 47.
Breach of Probation
- Failure to comply with probation order
733.1 (1) An offender who is bound by a probation order and who, without reasonable excuse, fails or refuses to comply with that order is guilty of
- (a) an indictable offence and is liable to imprisonment for a term of not more than four years; or
- (b) an offence punishable on summary conviction.
- Where accused may be tried and punished
(2) An accused who is charged with an offence under subsection (1) [Failure to comply with probation order] may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody, but where the place where the accused is found, is arrested or is in custody is outside the province in which the offence is alleged to have been committed, no proceedings in respect of that offence shall be instituted in that place without the consent of the Attorney General of that province.
1995, c. 22, s. 6; 2015, c. 23, s. 18; 2019, c. 25, s. 298.
Breach of Peace Bond/Recognizance
- Breach of recognizance
811 A person bound by a recognizance under any of sections 83.3 [terrorism recognizance] and 810 to 810.2 [peace bonds] who commits a breach of the recognizance is guilty of
- (a) an indictable offence and is liable to imprisonment for a term of not more than four years; or
- (b) an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 811; 1993, c. 45, s. 11; 1994, c. 44, s. 82; 1997, c. 17, s. 10, c. 23, ss. 20, 27; 2001, c. 41, s. 23 2015, c. 20, s. 27, c. 23, s. 19, c. 29, s. 12; 2019, c. 25, s. 322.
Breach of Undertaking, Recognizance, or Probation
Case Name | Prv. | Crt. | Sentence | Summary |
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R v Napope, 2019 SKPC 23 (CanLII), per McAuley J | SK | PC | ||
R v McDonald, 2017 ONSC 2631 (CanLII), per Conlan J | ON | SC | 33 days imprisonment | The offender was convicted at trial of breaching probation x 2 for contacting the victim of a previous harassment charge and failing to keep the peace. In 2014, he received 90 days for breaching probation. The judge also ordered probation. On appeal the reviewing judge called the 33 day sentence "kind." Find summaries of case. |
R v Murphy, 2011 NLCA 16 (CanLII), [2011] NJ No 43 (CA), per Welsh JA |
NL | CA | 1 to 3 mo for breaches | Find summaries of case. |
R v Power, 2010 CanLII 62214 (NL PC), [2010] NJ No 331 (P.C.), per Pike J |
NL | PC | Find summaries of case. | |
R v Oxford, 2010 NLCA 45 (CanLII), [2010] NJ No 232 (CA), per curiam |
NL | CA | 1 mo starting point Find summaries of case. | |
R v Lavers, 2010 NLCA 73 (CanLII), [2010] NJ No 390 (CA), per Welsh JA |
NL | CA | 3 months imprisonment | Find summaries of case. |
R v Cagnotti, 2009 ONCA 210 (CanLII), , 2008 ONCJ 696 affd, per curiam |
ON | CA | 18 months imprisonment | Offender sentenced for 3 counts breach probation and one count breach court order for contacting women online. He had a long record of offences of violence and dishonesty. Find summaries of case. |
R v Suarak, 2006 NLTD 71 (CanLII), (2006), 262 Nfld. & PEIR 230 (NLSC), per Fowler J |
NL | SC | 1 year imprisonment | breach of 810 order; also sentenced on assault causing bodily harm, break and enter (received 9 years global) Find summaries of case. |
R v SG, 2006 NLTD 144 (CanLII), per Handrigan J | NL | SC | fine and probation | breach of youth probation as well as assault and mischief. Find summaries of case. |
R v Bennet, 2004 CanLII 21438 (NL PC), , , per Gorman J |
NL | PC | 60 days imprisonment | consent contact Find summaries of case. |
R v JRB, [2004] NJ No 39 (P.C.)(*no CanLII links) | NL | PC | 60 days imprisonment | two failures to report to the police as required by the undertaking
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R v Spellacy, 1995 CanLII 9898 (NL CA), , per O'Neill JA |
NL | CA | 60 days imprisonment | also convicted of mischief Find summaries of case. |
R v Szostak, 2005 CanLII 42471 (ON CA), per curiam | ON | CA | 14 months imprisonment | Offender sentenced for breach of probation for contacting ex-spouse. This was 7th conviction contact. He also had a long history of violent offences against ex-spouse Find summaries of case. |
Recognizance
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Young, 2014 NSCA 16 (CanLII), per Bryson JA | NS | CA | 6 months imprisonment + Pr | breaches for yelling at victim of domestic violence while in court. Overturned sentence of 12 months. Find summaries of case. |
R v Lewis, 2012 NLCA 11 (CanLII), per Wells CJ | NL | CA | Find summaries of case. | |
R v Zimmerman, 2011 ABCA 276 (CanLII), per curiam | AB | CA | 40 months imprisonment (global) | Breach of 810.2 recognizance x 6, also charged with fraud and breach of SOIRA Order. Found leaving jurisdiction under a false name with stolen money and weapons. Find summaries of case. |
R v Muyser, 2009 ABCA 116 (CanLII), per Fraser CJ | AB | CA | Find summaries of case. | |
R v Lindsay, 2008 SKCA 44 (CanLII), per curiam | {{}} | 1 year | Find summaries of case. | |
R v Kaasa, 2008 ABPC 146 (CanLII), per Semenuk J | {{}} | 2 months | Find summaries of case. | |
R v Cook, 2007 NLTD 169 (CanLII)Template:Per | NL | SC | 2 months (breach) | Find summaries of case. |
R v D(WC), 2007 BCSC 1912 (CanLII), , , per Fisher J |
BC | SC | 12 months imprisonment (recognizance) 12 months imprisonment (harassment) 2 years less a day imprisonment (sex asslt) 2 years less a day imprisonment (confinement) |
Find summaries of case. |
R v Nichols, 2007 CanLII 15458 (NL PC), per Gorman J | NL | PC | 4 months consecutive (breach) | Find summaries of case. |
R v Bridle, 2007 BCSC 1302 (CanLII), per Barrow J | BC | SC | 3 months consecutive (breach) | Find summaries of case. |
R v Kendi, 2007 YKTC 27 (CanLII), per Ruddy J | YK | TC | 30 days consecutive (breach) | Find summaries of case. |
R v Clayton, 2001 CanLII 25698 (NS SC), [2001] NSJ No 438, per Coughlan J |
NS | SC | 4 months imprisonment | breach of recog including keep the peace. Offender had lengthy criminal record over 20 years. Find summaries of case. |
R v Wuckert, 2000 MBCA 5 (CanLII), per Kroft JA | MB | CA | 6 years imprisonment (global) | offender guilty of fraud x 33, conspiracy, breach x 2. Find summaries of case. |
R v Warren, 1999 CanLII 2205 (ON CA), , , per curiam |
ON | CA | 12 months for 4 counts | out on sexual assault; long record Find summaries of case. |
R v Watson, 1991 ABCA 245 (CanLII), per Stratton JA | AB | CA | 1 month concurrent | domestic assault; contact breach Find summaries of case. |
R v Fitzgerald, 1990 CanLII 6481 (NL CA, per Marshall JA | NL | CA | Absolute Discharge | The accused communicated with a prohibited party at a funeral. The prohibited party initiated the communication, it was in earshot of a guard, and it had no "sinister" intent. Overturned a 3 month jail sentence. Find summaries of case. |
Probation
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Jorgensen, 2007 BCPC 206 (CanLII), per Jardine J | BC | PC | 20 days after 8 days credit | Find summaries of case. |
Probation
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Depew, 2012 ABPC 303 (CanLII), per Semenuk J | AB | PC | 12 months imprisonment | Find summaries of case. |
Dangerous Offender or Long-term Supervision Orders
Failure to Appear or Attend
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v EW, 2016 SKQB 226 (CanLII), per Barrington-Foote J | SK | SC | 15 months imprisonment | Find summaries of case. |
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Cox, 2009 CanLII 67623 (NL PC), [2009] NJ No 333 (P.C.), per Porter J |
NL | PC | Find summaries of case. | |
R v Williams, 2007 CanLII 6840 (NL PC), [2007] NJ No 97, per Gorman J |
NL | PC | Find summaries of case. | |
R v Sheppard, 2006 CanLII 12274 (NL PC), [2006] NJ No 116 (P.C.), per Porter J |
NL | PC | 3 months (each) | failed to attend court 4 times, also convicted of other offences for a total of 19 months Find summaries of case. |
R v Gale, 2006 CanLII 9033 (NL PC), [2006] NJ No 87 (P.C.), per Gorman J |
NL | PC | Find summaries of case. | |
R v Giovannini, 2005 CanLII 7872 (NL PC), [2005] NJ No 94 (P.C.), per Porter J |
NL | PC | 60 days imprisonment | also charged with refusal and fail to report Find summaries of case. |
R v Banks, 2005 ABCA 55 (CanLII), per Hunt JA | AB | CA | 6 months imprisonment | Offender charged in relation to a sophisticated chop shop. Fled in stolen car before sentencing. Find summaries of case. |
R v JEM, [2004] NJ No 117 (P.C.)(*no CanLII links) | NL | PC | 1 months imprisonment | failed to attend court, also charged with many other offences
|
R v RJS, 1994 Alta. Prov. Ct.(*no CanLII links) | AB | PC | 1 day consecutive |
|
R v Dupont, 1990 YT Terr. Ct.(*no CanLII links) | YT | $150 fine |
|
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Giovanninni, [2005] NJ No 94 (P.C.)(*no CanLII links) | NL | PC | 60 days imprisonment |
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R v O'Keefe, 2006 CanLII 35180 (NL PC), [2006] NJ No 290 (P.C.), per Gorman J |
NL | PC | discharge | also charged with mischief, no record Find summaries of case. |
R v Pardy, 2009 CanLII 64767 (NL PC), [2009] NJ No 321 (P.C.), per Gorman J |
NL | PC | 1 month imprisonment | Find summaries of case. |
R v Whiteway, 2010 CanLII 18817 (NL PC), [2010] NJ No 141 (P.C.), per Gorman J |
NL | PC | Suspended Sentence | Find summaries of case. |
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