Is breaching a bail condition a crime?

Yes. Failing to follow a condition of a release order can be a separate offence under section 145 of the Criminal Code, in addition to the original charge.

What is the maximum penalty?

If the Crown proceeds by indictment, the maximum is two years in jail. If it proceeds summarily, the penalties are lower. Many cases do not end in jail, but the outcome depends on the facts and on your record.

What if the other person contacted me first?

A no-contact condition applies to you. The other person's consent or invitation usually doesn't remove the condition. Ask a lawyer to apply to change the condition instead of risking a breach.

Can the conditions be changed?

Often yes. A lawyer can ask the Crown to agree, or ask the court, to change or remove a condition that doesn't work in practice, such as a curfew that conflicts with your job.

Breach of Bail Conditions Ontario: Charge & Defences

People on bail are often charged again, not for something new, but for breaking a condition. A missed curfew, a text to the wrong person, or a drink when you were told not to drink can lead to a new charge and a harder bail situation. Here is what to know.

What counts as a breach?

A release order, or undertaking, may include conditions such as living at a certain address, staying away from certain people or places, a curfew, reporting to a police station, not possessing weapons, or not drinking alcohol. If the Crown believes you did not follow one of these conditions, you can be charged with failing to comply under section 145 of the Criminal Code.

Common ways people breach

Contact with the complainant, including through a friend, a message or social media.
Missing a curfew or not being at the required address when police check.
Not reporting to the police as required.
Alcohol or drug conditions.
Being at a place you are told to stay away from, such as a workplace or school.

Why it matters so much

A breach charge can be prosecuted as a serious (indictable) offence, with a maximum of two years in jail, or as a lesser summary offence. It can also affect your original case. The Crown may ask a court to review or cancel your release, and getting bail again can be harder, because you've shown a risk of not following conditions. If someone acted as your surety, they can also face consequences. See our bail hearing page and our guide to bail hearings in Ontario.

Possible defences

You did not know about the condition, or it was unclear or was not properly explained.
A lawful excuse, such as an emergency.
The Crown cannot prove the breach, for example because of unreliable evidence about where you were or who made the contact.
Weak evidence or Charter issues, including how police checked on you or obtained evidence.

Whether any of these applies depends on the exact wording of your order and what happened. Don't explain yourself to police without advice.

What to do

Read your release order again and keep a copy with you.
If a condition is causing real problems, speak to a lawyer about changing it before you breach it.
If you have been charged with a breach, do not speak to police about it and call a lawyer.
Keep records that help you, such as work schedules or messages.

We offer a free 15-minute phone consultation for criminal matters, and we answer calls after hours. Call (289) 652-0529 or see our criminal defence page.

DISCLAIMER: This article is general information about Ontario law, not legal advice, and no lawyer-client relationship is created by reading it. Laws change and every situation is different, so speak with a lawyer about yours.

Charged With Breaching Bail Conditions in Ontario: What Happens Next