Failing to comply with bail conditions in Canada can lead to severe consequences, including new charges, revoked bail, and potentially harsher penalties.
Let’s assume that Ontario Provincial Police charged you with a criminal offence serious enough to require you to seek pretrial release through a bail hearing and that you secured your release. What do you think might happen to you if the court or police determine that you are failing to comply with the terms of your bail?
If your answer references additional legal troubles, you’re on the right track. Now, let’s assume that you were arrested on less severe charges, which allowed the police to release you from custody without a bail hearing. What do you think might happen if you fail to show up for any court hearings or otherwise don’t follow the terms of that release?
Right! You’re probably going to be in a lot of trouble. However, given that your release under the latter scenario involves a relatively minor offence compared to release under bail, are the penalties for breaking the terms of your release less severe?
In a word, “no.” With extensive experience helping Greater Toronto Area clients navigate judicial interim release, the skilled bail hearing lawyers of Mass Tsang can explain how pretrial release works and why it’s important to comply with bail conditions.
If Ontario Police charge you with a criminal offence, the severity of the crime and your criminal record will play a significant role in your potential pretrial release. Police have the option to release anyone they charge under what’s known as an “undertaking to a police officer.” To secure this release, you must sign a document that promises you will attend all court hearings and understand that if charged with another offence, the undertaking can be nullified. Police typically allow release under an undertaking for those charged with relatively minor crimes, provided they do not have a significant criminal record.
If the police do not release you via the undertaking option, you’re going to have to face the Judicial Interim Release (bail hearing) process and you should probably secure the services of an experienced bail hearing lawyer, especially if the criminal charges carry significant penalties. Bail hearings are legally complicated, and a skilled bail hearing lawyer offers you the best chance of securing a speedy pretrial release under reasonable conditions. And should you fail to gain pretrial release, you will compromise your ability to strategize an effective criminal defence.
If you’re released from police custody via an undertaking, your primary bail condition is to attend all court hearings. Your release is also conditional on staying out of trouble and not breaking any more laws. Should you fail to go to any court hearings or be charged with another criminal offence, you’ve essentially broken the conditions of your pretrial release. Under the Criminal Code, this criminal offence carries the same potential penalties as breaking any conditions set by a pretrial release bail hearing.
What happens if you fail to comply with bail conditions in Canada?
Failure to comply with bail conditions results in criminal charges under Section 145 of the Criminal Code, carrying penalties such as up to two years in prison or a $5,000 fine. Additionally, it can lead to bail revocation and stricter conditions if re-released.
If you secure release from a bail hearing, the court will likely impose conditions that go beyond attending all court hearings and not breaking any more laws. Among pretrial release conditions that the court may impose are:
Breaking bail conditions is a criminal offence under Section 145 of the Criminal Code that can be charged under indictment or summary conviction. An indictable offence conviction of breaking bail conditions carries a maximum sentence of two years imprisonment. If charged as a summary conviction offence, breaking bail conditions carries a maximum penalty of a $5,000 fine or six months in jail.
However, the punishment doesn’t stop there, as breaking bail conditions will undoubtedly cause you other difficulties. For starters, the court will revoke your initial bail or undertaking release. If you were initially released under an undertaking, you will likely now have to face a bail hearing. If a bail hearing granted your pretrial release, you will have to go through it again. And because you broke your original conditions, the Crown may make more of an effort to keep you detained until trial. If you do manage to secure bail again, any new conditions will undoubtedly be much harsher.
Last, breaking bail conditions might become an issue in the resolution of your original criminal offence(s). In settlement negotiations, the Crown may take a harder line due to the non-compliance with bail conditions. Additionally, judges may be more inclined to lean toward harsher punishment during sentencing because breaking bail conditions shows a lack of respect for the court.
While uncommon, the courts can revoke your bail and issue a warrant for your arrest even if you have not broken any bail conditions. If part of your bail conditions include being under the supervision of a surety — someone who agrees to supervise an offender free on bail — the surety has the power to revoke your bail. While a surety is mandated to seek bail revocation if they believe you have failed to comply with bail conditions, they can also force bail revocation by merely choosing not to act as your surety anymore. A surety-induced bail revocation could lead to criminal breaking bail charges if there is evidence that you did, in fact, fail to comply with bail conditions. However, if not due to a surety’s claim of non-compliance, the bail revocation arrest is only made in relation to the original charge(s), and you will likely need to secure a new surety in another bail hearing.
If you’re facing bail revocation or otherwise need legal assistance with Ontario’s Judicial Interim Release process, secure a favourable outcome with the expertise of Mass Tsang’s bail hearing lawyers. Our lawyers have successfully helped 1,000s of GTA clients navigate the legal complexities of bail hearings and secure their pretrial release. For all your criminal defence needs in Greater Toronto, contact the legal experts at Mass Tsang.
