Many people encounter charges for breaching a condition imposed on them by the Court, whether that condition came from a release order, a probation order, or an Undertaking. These are known as administration of justice offences, and they are among the most commonly laid charges in Alberta courts. A breach charge can complicate an existing case, jeopardize a future bail application, and add an entirely new criminal record on top of the original allegation.
Types of Administration of Justice Charges
It is important to distinguish between the two most common breach charges:
- Failure to Comply with a Release Order or Undertaking (Section 145(5) of the Criminal Code): This applies when a person breaches a condition of their bail, such as a curfew, a no-contact order, or a requirement to report to a bail supervisor, while their original charge is still before the courts.
- Breach of Probation (Section 733.1 of the Criminal Code): This applies after a person has already been sentenced, is serving a probation order, and fails to comply with one or more of its conditions, such as attending counselling, abstaining from alcohol, or keeping the peace.
Both offences are hybrid, meaning the Crown Prosecutor can proceed by indictment or by summary conviction depending on the seriousness of the breach.
What the Crown Prosecutor Must Prove
To secure a conviction, the Crown Prosecutor must prove beyond a reasonable doubt that a valid Court order existed, that you were aware of its terms, and that you intentionally failed to comply with a specific condition without a reasonable excuse.
This last element is significant. A missed curfew because of a medical emergency, a reporting condition breached due to circumstances entirely outside your control, or a genuinely ambiguous condition can all support a defence.
Penalties
Both failure to comply with a release order and breach of probation carry a maximum penalty of two years’ imprisonment if the Crown proceeds by indictment, or a penalty that ranges from a fine to imprisonment on summary conviction. While these offences may sound less serious than the underlying charge that led to the conditions in the first place, a breach conviction has potential to add a new criminal record, can be used by the Crown prosecutor to argue against your release on bail for the original matter, and often results in stricter, more restrictive conditions going forward.
Defending a Breach Charge
A knowledgeable criminal defence lawyer will examine issues such as:
- Whether you were properly served with, or made aware of, the specific condition you are accused of breaching;
- Whether the condition itself was vague, contradictory, or impossible to comply with as written;
- Whether the breach was involuntary or lawfully excusable given the circumstances; and
- Whether the Crown prosecutor can actually prove the breach occurred.
Why Work with White and Jeet Law
Breach charges can snowball quickly, turning a single allegation into a cycle of additional charges, stricter release conditions, and a longer path through the criminal justice system. At White and Jeet Law, we work to resolve breach allegations early and efficiently, protect your existing release conditions wherever possible, and keep a mistake from derailing your case.
Disclaimer: The information provided in this blog post is for general educational purposes only and does not constitute legal advice. Criminal law is complex and outcomes depend heavily on the specific facts of a case. If you have been charged with a criminal offence, consult with a qualified criminal defence lawyer immediately.
