Navigating the criminal justice system in Alberta is challenging enough without the added burden of strict behavioral conditions. Whether you are facing an Emergency Protection Order (EPO) or are subject to a release order, no-contact conditions are among the most strictly enforced rules in Canadian law. A misunderstanding of these conditions can lead to immediate arrest, new criminal charges, and a permanent criminal record.
At White and Jeet Law, we frequently assist clients who are alleged to have violated these orders. It is critical to understand how the Criminal Code of Canada and Alberta common law interpret no-contact conditions, how EPOs intersect with criminal law, and the penalties for non-compliance.
1. How No-Contact Conditions Arise in the Criminal Code
Under the Criminal Code of Canada, a judge or justice of the peace can impose no-contact conditions at several stages of the legal process. The most common include:
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Judicial Interim Release (Bail) under Section 515 of the Criminal Code: If you are charged with an offence, particularly domestic assault or criminal harassment, you will almost certainly face a condition prohibiting you from contacting the complainant as a condition of your release.
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Peace Bonds: As a preventative court order, a common law and section 810 peace bond often includes strict no-contact and no-go clauses to protect individuals who have a reasonable fear for their safety or property.
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Conditional discharges, Probation Orders and Conditional Sentence Orders: Following a conviction or conditional discharge, no-contact clauses are frequently mandated to protect victims and facilitate rehabilitation.
2. Emergency Protection Orders (EPOs) and Criminal Consequences
In Alberta, an Emergency Protection Order (EPO) is initially granted under provincial legislation (the Protection Against Family Violence Act). It is a Court order designed to provide immediate protection in situations of family violence. However, its enforcement is strictly tied to the Criminal Code.
While the EPO itself is not a criminal conviction, breaching any condition of an active EPO is treated as a criminal matter. Under Section 127 of the Criminal Code (Disobeying a Lawful Order of a Court), police have the authority to arrest you in the event of an alleged breach. Breaching an EPO may result in you being held in custody until you can appear before a judge.
3. The Common Law Interpretation of “Contact”
One of the most frequent mistakes individuals make in Alberta is misunderstanding what constitutes “contact.” A no-contact order means absolutely zero communication, which includes but is not limited to:
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Direct Communication: Face-to-face interactions or phone calls;
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Electronic Communication: Text messages, emails, and direct messages on platforms such as Facebook, Instagram, or WhatsApp;
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Social Media Engagement: For example, leaving a comment on the person’s social media profile has been consistently ruled as a breach by Alberta courts; and
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Indirect Contact: You cannot ask a friend, family member, or mutual acquaintance to pass a message along to the person on your behalf.
The “Mutual Consent” Myth
Under Canadian common law, the no-contact order applies exclusively to you (i.e. the accused in a criminal proceeding or the respondent in an EPO). The complainant does not have the legal authority to “cancel” or “pause” the order. If they attempt to communicate with you, and you respond or comply, you are the one breaching a no-contact order. The fact that the complainant initiated the contact is not a valid legal defence to a breach charge.
4. The Penalties for Breaching a No-Contact Order
The Crown Prosecutor and the Courts in Alberta take breaches of no-contact orders seriously, viewing them as a direct defiance of judicial authority. Depending on the original order, a breach will result in standalone criminal charges:
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Failure to Comply with a Release Order (Section 145 of the Criminal Code): Breaching bail conditions is a hybrid offence, punishable by up to two years in prison if prosecuted by indictment. Furthermore, if you are alleged to have breached one or more of your bail conditions, the Crown will likely apply to revoke your original bail, meaning you could be held in pre-trial custody until your main charges are resolved.
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Breach of a Peace Bond (Section 811 of the Criminal Code): Carries a maximum penalty of up to four years in prison if proceeding by indictment.
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Breach of Probation (Section 733.1 of the Criminal Code): Carries a maximum penalty of up to four years in prison if proceeding by indictment.
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Disobeying a Court Order (Section 127 of the Criminal Code): Used frequently for EPO breaches, carrying a maximum penalty of up to two years imprisonment.
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Breaching a Conditional Sentence Order (Section 742.6 of the Criminal Code): if you are alleged to have breached a Conditional Sentence Order, you are entitled to a hearing within 30 days, or as soon as practicable, after your arrest or the compelling of your appearance (if you are already detained or before a Court). If the Court is satisfied on a balance of probabilities that you breached the Conditional Sentence Order without reasonable excuse, the Judge will decide whether to:
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Take no action;
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Change the optional conditions on your Conditional Sentence Order;
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Suspend the Conditional Sentence Order and direct that you;
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Serve in custody a portion of the unexpired sentence, and
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That the Conditional Sentence Order resume on the offender’s release from custody, either with or without changes to the optional conditions; or
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Terminate the Conditional Sentence Order and direct that you serve the remainder of your sentence in custody.
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5. Defending Your Rights and Amending Conditions
At White and Jeet Law, we assist clients in negotiating bail variations, contesting EPOs at their review hearings, and defending against breach charges under the Criminal Code. If you are subject to restrictive conditions or have been accused of a breach in Alberta, contact our office today. We will provide the strategic legal counsel you need to protect your freedom and your future.
