If the police released you after an arrest, they almost certainly attached conditions — for example, a curfew, a no-contact order, or a rule that you stay away from a certain person or place. Many people do not realize that breaking even one of those conditions is, by itself, a brand-new criminal offence. It does not matter how minor the slip seems, and it does not matter whether you are eventually found not guilty of the charge that started everything.
After an arrest for a summary or hybrid offence, most people are not held in jail until trial. Instead they are released — by the police or by a court — on a release order that lists conditions you must follow while your case works its way through the system. Common conditions include:
These conditions are not suggestions. They are court-ordered, and they stay in force until your case is resolved or a court formally changes them.
Under section 145 of the Criminal Code, a person who is at large on a release order and fails, without lawful excuse, to comply with a condition of that order (other than the condition to attend court) commits an offence. This offence is hybrid: the Crown can proceed by indictment, where the maximum penalty is imprisonment for not more than two years, or by summary conviction.
Two points are worth emphasizing. First, the failure must be "without lawful excuse" — there are situations where a genuine, unavoidable reason can be a defence. Second, the breach offence is distinct from the underlying charge. You can be acquitted of the original allegation and still be convicted of breaching your conditions in the meantime.
A breach charge does more than add a second count to your file. It directly undermines the thing that matters most in a criminal case: the court's willingness to trust you out of custody.
Most breaches we see are not deliberate. They happen because the conditions were never read closely, or because life intervened. For example:
If a condition is unworkable — for example, a no-contact order that makes it impossible to co-parent or to retrieve your possessions — the answer is to apply to vary the condition, not to ignore it.
Do not assume a breach is hopeless. The Crown must still prove that you knew the condition, that you failed to follow it, and that you had no lawful excuse. Each of those elements can be examined. Just as importantly, an early conversation with a representative can help you apply to change conditions that are setting you up to fail, and can shape how both your original charge and the breach are resolved together.
This article is general information only and is not legal advice. Every case turns on its own facts.
A breach charge on top of an existing case can be the difference between staying out of custody and being held. At WP Legal Professional, our team — including an experienced criminal defence lawyer — represents clients at courthouses across the Greater Toronto Area in English, Cantonese, Mandarin, and Korean.
Act early. Contact us for a confidential consultation, or learn more about our criminal defence services.
