Breach of Release Conditions
| 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