If you breach bail conditions in Ontario, the police can arrest you without a warrant and keep you in custody until the next hearing. In addition to damaging your credibility and hurting your chances of defence, breaching bail can lead to a separate criminal charge for failure to comply with the conditions of your release order. Here is more on what to expect and the consequences of breaching bail conditions in Ontario.
Key Takeaways:
- Breaching bail conditions in Ontario can lead to immediate arrest without a warrant and detention until a hearing.
- A bail breach is a separate criminal offence under Section 145 of the Criminal Code.
- Courts may impose stricter conditions or deny bail after a breach, increasing the likelihood of staying in custody.
- Even unintentional violations (missed curfew, accidental contact) can result in charges.
- A breach can damage your credibility in court and negatively impact sentencing outcomes.
- Judges may treat a bail breach as a sign of higher risk, leading to harsher penalties.
- You can apply to change bail conditions, but must follow existing terms until the court approves changes.
- Legal representation is critical to defend against breach allegations and minimize consequences.
What Is a Bail Condition in Ontario?
If you are arrested for a criminal offence, the police may release you on an appearance notice, on an undertaking at the station, or after the bail hearing in court. In Canada, Section 11(e) of the Charter provides everyone with the right “not to be denied reasonable bail without just cause.”
The criminal law defines several types of release before trial, which include:
- Release on Appearance Notice: The release on an Appearance Notice (Form 9) is when the police release you after arrest with a notice that you have to appear in court at a later date.
- Release on Undertaking: When you are released on an undertaking (Form 10), you are under an obligation to appear in court on certain dates and follow specified conditions.
- Release on Recognizance: The release on recognizance involves a bail hearing before the judge and may include additional bail conditions, including depositing a certain amount of money or involving a surety who will supervise you and be financially accountable for you.
In addition to the obligation to attend the court or report to an officer, the police and the court may impose different types of bail conditions depending on the charges. Common examples include:
- remaining within a particular territory,
- informing police of any changes of address or employment,
- depositing a passport to prevent travel,
- not using the internet,
- staying under house arrest and/or observing a curfew,
- abstaining from the consumption of alcohol or drugs,
- not communicating with the victim in any way, including social media,
- wearing electronic monitoring equipment.
What Legally Counts as a Breach of Bail Conditions?
A failure to meet any conditions of your release order may count as a breach of bail. The failure can be intentional or unintentional, but in either case, the breach of bail can result in the bail being revoked or separate criminal charges.
Common examples of breaches include interacting with a complainant via social media, a failure to report to a police officer or appear in court, attending a prohibited location, or missing a curfew.
What Criminal Charges Apply for Breaching Bail?
If you are released on bail in Ontario, a failure to attend court on a specified date or not following any other conditions of your release results in a separate criminal charge.
According to Section 145 of the Criminal Code, a failure to comply with the conditions of the undertaking to the police or recognizance order can be either an indictable or summary offence. As a result, a breach of bail conditions in Ontario can not only hurt your existing case but also add new charges.
What Happens Immediately After a Bail Breach?
If you breach bail conditions, the police will usually arrest you, while the court will decide whether to keep you in custody until trial.
Police Response
If the police believe you have breached a condition of your release, they can arrest you on reasonable grounds without a warrant. In these cases, the police can arrest you on the spot and deliver you into custody for a hearing.
Detention or Re-release
After arrest, you will be held in custody until the next hearing. During the hearing, the judge may impose harsher bail conditions, refuse bail, or order that you be kept in custody until trial.
New Charges Added
In addition to facing harsher bail conditions or staying in custody, you may face separate criminal charges for breach of a release order. As a result, you may face several criminal charges during the same hearing and further complicate your defence.
How a Bail Breach Affects Your Case
The consequences of breaching bail conditions in Ontario may include far-reaching repercussions beyond arrest without a warrant. In addition to damaging your credibility at trial, a failure to follow bail conditions is often viewed by judges as an indicator of risk.
As a result, the judge may impose stricter bail conditions or order that you remain in custody until trial. On top of that, the prosecution will add the charges for breach of release order to your case, which can lead to additional criminal penalties. Lastly, judges in Canada exercise broad discretion when imposing sentences, while bail breaches pose a higher risk of resulting in more severe penalties for the same charges.
Common Mistakes That Lead to Bail Breaches
There are various situations that can lead to a breach of bail conditions, including intentional and unintentional ones. While intentional mistakes can be avoided, some bail violations may happen unintentionally, leading to the same negative consequences.
For example, a failure to clarify bail conditions or a misunderstanding of curfew terms may result in police arresting you for non-compliance with the release order. Other common situations in which you may be found in default of bail include accidentally contacting the complainant through third parties or social media, or returning to a shared residence.
Can Bail Conditions Be Changed?
In Ontario, there are established procedures that allow you to apply to vary your release conditions. These procedures apply to both release on undertaking by the police and release on recognizance by the court.
You can start the application process by completing the form for Application for Consent Variation of Bail, indicating the proposed changes and the reasons for modification. After you or your lawyer fills out the form, you will need to email the application to the Crown. Importantly, you must continue following your existing bail conditions until the Court notifies you whether your variation request was approved.
What to Do If You Are Accused of Breaching Bail?
If you get accused of breaching bail conditions, you need to act quickly to defend yourself against additional charges. Most importantly, you should:
- Avoid Contacting the Complainant or Witnesses: Reaching out to the complainant, for example, to explain yourself, can only worsen your case.
- Speak with Your Lawyer: It is always advisable to speak with a criminal defence lawyer first before saying anything to the police or the court.
- Prepare for a Bail Hearing: In many cases, the consequences of breaching bail conditions in Ontario include arrest and detention until the bail hearing, where the court will consider whether to release you or keep you in custody.
- Gather Evidence: You may need to provide evidence during a bail hearing, so having screenshots, timestamps, documents, or anything else can help support your version of events.
Why Legal Representation Is Critical?
If you breached your bail conditions in Ontario, it can constitute a separate criminal offence that requires a qualified legal defence. Meanwhile, breaching bail may also lead to damaging your credibility in court and negatively impacting sentencing outcomes for the main offence if convicted.
At the same time, the law requires the Crown to prove a breach beyond a reasonable doubt, while the absence of intent to violate bail conditions can be a defence against the charges. Engaging an experienced criminal defence lawyer early can help mitigate the consequences of breaching bail conditions in Ontario and enable you to contest accusations.
FAQs
Is breaching bail a criminal offence in Canada?
Yes, according to Section 145 of the Criminal Code of Canada, every person who fails to comply with a condition of a release order or undertaking is guilty of a criminal offence, punishable summarily or by indictment at the Crown’s discretion.
Can you go to jail for breaking bail conditions?
Yes, after a bail breach, the police can arrest you without a warrant on reasonable grounds and keep you in custody until the next hearing. After the hearing, the court may refuse to grant bail and order you to remain in custody until trial.
What is the meaning of being released on bail in Ontario?
Being released on bail means you are free from custody. At the same time, while on bail, you are bound by the conditions of your bail order, for example, to appear in court, report to a police officer, or not to communicate with the complainant.
How long do bail conditions last?
Bail conditions remain in effect until you are convicted or until the criminal charges against you are withdrawn, dismissed, or dropped.
What happens if you accidentally breach bail?
Generally, unintentional breaches of bail conditions carry the same legal consequences as intentional ones. However, the absence of intent can be used as a defence against the accusation of breaching bail depending on the circumstances.
Can bail be reinstated after a breach?
The law does not include restrictions on reinstating bail after a breach. However, in practice, the judges often view breaches of bail conditions as an indicator of risk, which can lead to harsher bail conditions or remaining in custody until trial.
Does a bail breach affect sentencing?
In Canada, judges exercise broad discretion in selecting the penalty within the limits foreseen by the Criminal Code for each type of offence, depending on multiple factors, including the risk of repeat criminal behaviour. A breach of bail conditions signals a higher risk, which may potentially lead to a harsher sentence.
Can police arrest you immediately for a breach?
Yes, if you breach your bail conditions, the police can arrest you without a warrant on reasonable grounds. After the arrest for violating the bail order, the police will detain you and keep you in custody until the next hearing.
What is the reverse onus in bail cases?
In general, the onus of showing why you should be kept in custody lies with the prosecution. However, in certain circumstances, including serious offences as well as a breach of bail, the onus to show cause shifts to the accused, where you will need to show the judge why you should be granted bail.
