Breach of Undertaking, Recognizance, or Probation, Failing to Attend (Sentencing Cases)

This page was last substantively updated or reviewed January 2018. (Rev. # 96861)

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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.

– CCC (CanLII), (DOJ)

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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.

– CCC (CanLII), (DOJ)

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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.

– CCC (CanLII), (DOJ)

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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.

– CCC (CanLII), (DOJ)

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Breach of Undertaking, Recognizance, or Probation

Case Name	Prv.	Crt.	Sentence	Summary
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
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), per Seaborn J	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.

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.

Failure to attend for Identification

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
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.