When you are charged with a criminal offence in Alberta, one of the first legal issues you will face is whether you will be released from custody before trial. In most cases, release is granted, but it is rarely unconditional.
Instead, individuals are commonly released with legally binding rules known as release conditions. Understanding these conditions is critical, as even a minor breach can result in new criminal charges.
What Are Release Conditions?
Release conditions are court-ordered rules that an accused person must follow while their charges are before the court. These conditions are designed to manage risk, protect public safety, and ensure attendance at future court dates.
Release conditions apply whether the release comes from police, a justice of the peace, or a judge.
Common Release Conditions in Alberta
Release conditions vary by case, but commonly include:
- No contact with specific individuals
- Restrictions on attending certain locations
- Curfews or geographic boundaries
- Prohibitions on alcohol or drug use
- Reporting requirements to police or probation services
These conditions must be followed exactly as written.
What Happens If You Breach a Release Condition?
Failing to follow a release condition is a serious criminal offence known as an administration of justice offence. Even unintentional or technical breaches can result in arrest, detention, and additional charges.
More information about breach-related offences can be found on our Administration of Justice page.
Charter Rights and Release Decisions
Release and detention decisions engage important protections under the Canadian Charter of Rights and Freedoms, including the presumption of innocence and the right not to be denied reasonable bail without just cause.
Defence counsel carefully reviews whether release conditions are lawful, necessary, and proportionate.
Varying or Challenging Release Conditions
In some situations, release conditions can be varied or challenged through the court. This may be appropriate if conditions are overly restrictive, unworkable, or no longer necessary.
You can learn more about how release decisions are made on our Bail Hearings page.
Defending Alleged Breaches of Conditions
Being accused of breaching a release condition can significantly complicate an existing case. Courts treat these allegations seriously, particularly when public safety or court compliance is involved.
White & Jeet Criminal Defence represents clients across Alberta in matters involving release conditions, bail, and alleged breaches, providing clear advice and disciplined advocacy at every stage.
