Release After Breach of Release Conditions
| This page was last substantively updated or reviewed January 2020. (Rev. # 78152) |
General Principles
- Hearing
524 (1) When an accused is taken before a justice in any of the circumstances described in subsection (2) [power of justice to hear breach allegations – circumstances], the justice shall
- (a) if the accused was released from custody under an order made under subsection 522(3) [release of accused on s. 469 offences] by a judge of the superior court of criminal jurisdiction of any province, order that the accused be taken before a judge of that court so that the judge may hear the matter; or
- (b) in any other case, hear the matter.
- Circumstances
(2) The circumstances referred to in subsection (1) [power of justice to hear breach allegations] are the following:
- (a) the accused has been arrested for the contravention of or having been about to contravene, a summons, appearance notice, undertaking or release order and the prosecutor seeks to have it cancelled under this section; or
- (b) the accused has been arrested for having committed an indictable offence while being subject to a summons, appearance notice, undertaking or release order and the prosecutor seeks to have it cancelled under this section.
- Cancellation
(3) The judge or justice who hears the matter shall cancel a summons, appearance notice, undertaking or release order in respect of the accused if the judge or justice finds that
- (a) the accused has contravened or had been about to contravene the summons, appearance notice, undertaking or release order; or
- (b) there are reasonable grounds to believe that the accused has committed an indictable offence while being subject to the summons, appearance notice, undertaking or release order.
- Detention
(4) If the judge or justice cancels the summons, appearance notice, undertaking or release order, the judge or justice shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why their detention in custody is not justified under subsection 515(10) [justification for detention in custody].
- Release order
(5) If the judge or justice does not order that the accused be detained in custody under subsection (4) [breach allegations – remand after cancellation], the judge or justice shall make a release order referred to in section 515 [judicial interim release provisions].
- Reasons
(6) If the judge or justice makes a release order under subsection (5) [breach allegations – release after showing cause], the judge or justice shall include in the record a statement of the reasons for making the order, and subsection 515(9) [sufficiency of record] applies with any modifications that the circumstances require.
- Release
(7) If the judge or justice does not cancel the summons, appearance notice, undertaking or release order under subsection (3) [breach allegations – cancellation of prior order], the judge or justice shall order that the accused be released from custody.
- Provisions applicable to proceedings under this section
(8) The provisions of sections 516 to 519 [select provisions relating to bail process] apply with any modifications that the circumstances require in respect of any proceedings under this section, except that subsection 518(2) [release on guilty plea pending sentence] does not apply in respect of an accused who is charged with an offence mentioned in section 469 [exclusive jurisdiction offences].
- Review — order by judge
(9) An order made under subsection (4) [breach allegations – remand after cancellation] or (5) [breach allegations – release after showing cause] respecting an accused referred to in paragraph (1)(a) [power of justice to hear breach allegations – where released on 469 offence] is not subject to review except as provided in section 680 [review by court of appeal].
- Review — order of justice
(10) An order made under subsection (4) [breach allegations – remand after cancellation] or (5) [breach allegations – release after showing cause] respecting an accused other than the accused referred to in paragraph (1)(a) [power of justice to hear breach allegations – where released on 469 offence], is subject to review under sections 520 [accused-requested bail review] and 521 [crown-requested bail review] as if the order were made under section 515 [judicial interim release provisions].
R.S., 1985, c. C-46, s. 524; 1999, c. 3, s. 33; 2019, c. 25, s. 234.
[annotation(s) added]