Are you subject to release conditions, such as a curfew, a no-contact order or a ban on drinking alcohol? It is essential to follow them to the letter. Our criminal lawyers in Québec City and Lévis explain the consequences of a breach of conditions and help you see things more clearly.
1. Release conditions
Release conditions may be imposed after your arrest so that you are not kept in custody. The Criminal Code provides for two release mechanisms.
Release by the police
First, after an arrest, the police can impose release conditions on you through a promise to appear or an undertaking. Giving you these documents means the police do not have to bring you before the court immediately, and you can remain free until the court proceedings begin.
Here are some examples of conditions a police officer could impose as part of your release. If so, they will be set out in the document given to you at the time of your arrest:
- Remain within a certain territory (for example, the province of Quebec);
- Report any change of address, employment or occupation;
- Refrain from communicating, directly or indirectly, with certain people;
- Surrender your passport;
- Refrain from possessing weapons;
- Report to a police station at set intervals;
- Refrain from consuming alcohol or drugs;
- Any other condition considered necessary to protect the victims of and witnesses to the offence.
Release by the court
If you are not released on the spot by the police officer who arrests you, you will be held in custody and brought before the court. The power to release you will then belong to the judge presiding over the hearing.
As a first step, our lawyers in Québec City and Lévis can consider negotiating with the Crown prosecutor to agree on conditions that will allow your release.
However, if the prosecutor opposes your release, the court will decide the question at a judicial interim release hearing, commonly called a bail hearing. A judge will then have to decide whether your detention is justified while the court proceedings are under way.
If the court finds that your detention is not justified, it will order your release and impose conditions you must follow, through an undertaking or a recognizance.
In addition to the conditions the police can impose, listed above, the court can impose any other reasonable conditions it considers appropriate. Here are some examples of these additional conditions :
- Live at a treatment centre and take part in and complete a treatment program.
- Respect a curfew.
- Not possess a cellphone.
- Not use social media or the Internet.
2. Why it is important to avoid breaching your conditions
Our lawyers cannot stress this enough. It is essential to comply with the release conditions imposed on you by the police or by the court, for two main reasons.
Avoiding detention
First, if you do not comply with your release conditions, you can be arrested for breach of conditions. The Criminal Code provides that a person who breaches their release conditions can be arrested, whether or not a warrant has been issued for their arrest.
This means you could be arrested for violating your release conditions even if you have not committed a new criminal offence.
Example : Francis was released by a judge after his bail hearing. However, he must comply with certain conditions, including a curfew from 10:00 p.m. to 6:00 a.m. One Friday night, Francis ignores his conditions and goes to a bar with friends. At 2:00 a.m., police officers arrive at the bar because of a fight that does not involve Francis. Francis is identified, and the officers realize he is breaking his curfew. Francis is arrested on the spot.
Very often, a person arrested for violating their release conditions will be kept in custody by the police and brought before the court. The judge will then have to cancel the release conditions and order the person’s detention, unless the person proves that their detention is not justified.
In other words, if you do not comply with your release conditions, you risk being jailed while you wait for your trial.
Avoiding a new charge
Second, if you do not comply with your release conditions, you are exposed to an additional charge under section 145 of the Criminal Code. More specifically, you could be charged with failing, without lawful excuse, to comply with a release condition.
Note : see point 4 below for the impact such a charge can have.
3. Changing your release conditions
It is possible to have your release conditions changed. If you believe such a change is necessary to avoid breaching your conditions, contact one of our criminal lawyers in Québec City and Lévis right away.
There are two ways to have release conditions changed :
- Change out of court : the defence lawyer, the Crown prosecutor, the accused and any sureties must sign a variation form (commonly called a “ 519.1 form ”) and file it with the criminal registry of the courthouse where your case is being heard.
- Change in court : the defence lawyer and the Crown prosecutor can have the release conditions changed in court. The accused and any sureties will have to sign the new version of the conditions for it to take effect.
Caution : if you and your lawyer want to change your release conditions but the Crown prosecutor does not consent, the Court of Québec will not have jurisdiction, which means it cannot make the change. You will then have to file an application before the Superior Court.
4. The breach of conditions charge
Whether it is a curfew, a no-contact order or any other condition imposed by the police or the court, failing to comply with a release condition has serious consequences. You could face an additional charge: breach of conditions.
Example : Richard was released after being arrested for assault. The court imposed the conditions negotiated by the defence lawyer and the Crown prosecutor, including no contact with the victim. However, Richard sent her text messages several times. He now faces two cases before the criminal courts : assault and breach of conditions.
If you have breached your release conditions, contact our criminal lawyers in Québec City and Lévis for sound advice. In some cases, it may be worthwhile to negotiate with the Crown prosecutor to avoid an additional charge.
Defences
If you are charged with breach of conditions, our criminal lawyers will put forward the best defence for you. Possible defences include the invalidity of the undertaking or recognizance imposing the conditions, a lawful excuse or the involuntary nature of the failure.
5. The sentence for breach of conditions
See the table below, which sets out the possible sentences for a breach of conditions charge. Note that the maximum sentence for breach of conditions is two years’ imprisonment.
Do not hesitate to read our article on sentences to learn about each of them.
| Sentence for the offence of breach of conditions | ||||||
| Mode of prosecution | Discharge | Probation | Fine | Conditional sentence | Intermittent | Jail |
| Summary conviction | ✔ | ✔ | ✔ | ✔ | ✔ | ✔ |
| Indictable offence | ✔ | ✔ | ✔ | ✔ | ✔ | ✔ |
Contact us
If you are subject to release conditions, such as a curfew, a no-contact order or any other condition imposed by the police or the court, contact our criminal lawyers in Québec City and Lévis now.
Note: The information above is general in nature and does not constitute legal advice. For advice on your particular legal situation, feel free to contact one of our lawyers in Québec City or Lévis.
