Breach of Release Conditions: Difference between revisions

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#REDIRECT [[Breach of Release Conditions (Until December 18, 2019)]]
[[fr:Violation_des_conditions_de_libération]]
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==General Principles==
 
A violation any terms of  release conditions issued under s. 515 can result in one or more of the following:<ref>
{{CanLIIRx|O'Connor|ggrfq|2015 ONSC 1256 (CanLII)}}{{perONSC|Price J}}{{atL|ggrfq|43}}<br>
</ref>
# arrest for violating a summons, appearance notice, promise to appear, undertaking or recognizance (524(1)(a) or (b));
# cancellation of the release order and order that the accused be kept in custody for a further bail hearing (524(4));
# Release on new undertaking or recognizance (524(5)); and/or
# A charge for breach of undertaking or recognizance (145(5.1)).
# 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.<ref>
s. 765</ref>
 
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.<ref>
{{CanLIIRx|Lowingali|262w0|2009 ABPC 185 (CanLII)}}{{perABPC|Daniel J}}</ref>
 
; Burden of Proof
When restrictive conditions contain exceptions, there is no burden upon the Crown to ''dis''prove the applicability of any of the conditions.<ref>
{{CanLIIRP|Ali|gk9gn|2015 BCCA 333 (CanLII)|326 CCC (3d) 408}}{{perBCCA|Stromberg-Stein J}}{{atsL|gk9gn|26| to 30}}<br>
</ref>
The burden to prove the applicability of an exception to a condition lies on the accused on a balance of probabilities.<ref>
{{ibid1|Ali}}{{atL|gk9gn|30}}<br>
</ref>
 
{{reflist|2}}
 
==Topics==
* [[Arrest Warrants for Accused Persons]]
* [[Revoking, Terminating, or Replacing Bail or Remand Orders]]
* [[Release After Breach of Release Conditions]]
* [[Breach of Undertaking, Recognizance, or Probation (Offence)]]
* [[Estreatment of Recognizance]]
 
; Historical
* [[Breach of Release Conditions (Until December 18, 2019)]]
 
==See Also==
* [[Release With and Without Sureties and Deposits]]
* [[Breach of Undertaking, Recognizance, or Probation (Offence)]]

Latest revision as of 14:24, 14 July 2024

This page was last substantively updated or reviewed January 2020. (Rev. # 95359)

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), per Price J, at para 43
  2. ↑ s. 765
  3. ↑ R v Lowingali, 2009 ABPC 185 (CanLII), per Daniel J
  4. ↑ R v Ali, 2015 BCCA 333 (CanLII), 326 CCC (3d) 408, per Stromberg-Stein J, at paras 26 to 30
  5. ↑ Ali, ibid., at para 30

Topics

Historical

See Also

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