Breach of Release Conditions: Difference between revisions
Admin moved page Breach of Release Conditions to Breach of Release Conditions (Until December 18, 2019) Tag: New redirect |
Removed redirect to Breach of Release Conditions (Until December 18, 2019) Tag: Removed redirect |
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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> | |||
''R v O’Connor'', [http://canlii.ca/t/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> | |||
''R v Lowingali'', [http://canlii.ca/t/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> | |||
''R v Ali'', [http://canlii.ca/t/gk9gn 2015 BCCA 333] (CanLII){{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}} | |||
===Application of Related Provisions=== | |||
{{quotation| | |||
524<br>...<br> | |||
; Provisions applicable to proceedings under this section | |||
(12) The provisions of sections 517, 518 and 519 apply with such modifications as the circumstances require in respect of any proceedings under this section, except that subsection 518(2) does not apply in respect of an accused who is charged with an offence mentioned in section 522. | |||
<br> | |||
; Certain provisions applicable to order under this section | |||
(13) Section 520 applies in respect of any order made under subsection (8) or (9) as though the order were an order made by a justice or a judge of the Nunavut Court of Justice under subsection 515(2) or (5), and section 521 applies in respect of any order made under subsection (9) as though the order were an order made by a justice or a judge of the Nunavut Court of Justice under subsection 515(2). | |||
<br> | |||
R.S., 1985, c. C-46, s. 524; 1999, c. 3, s. 33. | |||
|[{{CCCSec|524}} CCC] | |||
}} | |||
==Topics== | |||
* [[Arrest Warrant for Breach of Court Orders]] | |||
* [[Bail Revocation and Termination]] | |||
* [[Release After Breach of Release Conditions]] | |||
* [[Breach of Undertaking, Recognizance, or Probation (Offence)]] | |||
* [[Estreatment of Recognizance]] | |||
==See Also== | |||
* [[Release With and Without Sureties and Deposits]] | |||
* [[Breach of Undertaking, Recognizance, or Probation (Offence)]] | |||
Revision as of 12:33, 18 December 2019
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), per Stromberg-Stein J, at paras 26 to 30
- ↑
Ali, ibid., at para 30
Application of Related Provisions
524
...
- Provisions applicable to proceedings under this section
(12) The provisions of sections 517, 518 and 519 apply with such modifications as the circumstances require in respect of any proceedings under this section, except that subsection 518(2) does not apply in respect of an accused who is charged with an offence mentioned in section 522.
- Certain provisions applicable to order under this section
(13) Section 520 applies in respect of any order made under subsection (8) or (9) as though the order were an order made by a justice or a judge of the Nunavut Court of Justice under subsection 515(2) or (5), and section 521 applies in respect of any order made under subsection (9) as though the order were an order made by a justice or a judge of the Nunavut Court of Justice under subsection 515(2).
R.S., 1985, c. C-46, s. 524; 1999, c. 3, s. 33.
– CCC
Topics
- Arrest Warrant for Breach of Court Orders
- Bail Revocation and Termination
- Release After Breach of Release Conditions
- Breach of Undertaking, Recognizance, or Probation (Offence)
- Estreatment of Recognizance