Breach of Release Conditions: Difference between revisions
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[[fr:Violation_des_conditions_de_libération]] | |||
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{{LevelZero}}{{HeaderBailBreach}} | {{LevelZero}}{{HeaderBailBreach}} | ||
==General Principles== | ==General Principles== | ||
A violation any terms of release conditions issued under s. 515 can result in one or more of the following:<ref> | 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> | </ref> | ||
# arrest for violating a summons, appearance notice, promise to appear, undertaking or recognizance (524(1)(a) or (b)); | # arrest for violating a summons, appearance notice, promise to appear, undertaking or recognizance (524(1)(a) or (b)); | ||
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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> | 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 | ; 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> | 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> | </ref> | ||
The burden to prove the applicability of an exception to a condition lies on the accused on a balance of probabilities.<ref> | The burden to prove the applicability of an exception to a condition lies on the accused on a balance of probabilities.<ref> | ||
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==Topics== | ==Topics== | ||
* [[Arrest | * [[Arrest Warrants for Accused Persons]] | ||
* [[Bail | * [[Revoking, Terminating, or Replacing Bail or Remand Orders]] | ||
* [[Release After Breach of Release Conditions]] | * [[Release After Breach of Release Conditions]] | ||
* [[Breach of Undertaking, Recognizance, or Probation (Offence)]] | * [[Breach of Undertaking, Recognizance, or Probation (Offence)]] | ||
* [[Estreatment of Recognizance]] | * [[Estreatment of Recognizance]] | ||
; Historical | |||
* [[Breach of Release Conditions (Until December 18, 2019)]] | |||
==See Also== | ==See Also== | ||
* [[Release With and Without Sureties and Deposits]] | * [[Release With and Without Sureties and Deposits]] | ||
* [[Breach of Undertaking, Recognizance, or Probation (Offence)]] | * [[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]
- 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.[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]
- ↑
R v O'Connor, 2015 ONSC 1256 (CanLII), per Price J, at para 43
- ↑ s. 765
- ↑ R v Lowingali, 2009 ABPC 185 (CanLII), per Daniel J
- ↑
R v Ali, 2015 BCCA 333 (CanLII), 326 CCC (3d) 408, per Stromberg-Stein J, at paras 26 to 30
- ↑
Ali, ibid., at para 30
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