Adam Goodman - Toronto Criminal Lawyer - Breach of Recognizance (Bail)

This article discusses charges for a breach of a recognizance (bail order) in which an individual was ordered into before a Judge or Justice of the Peace.

The offence of breach of recognizance is defined in s. 811 of the Criminal Code of Canada.  The charge will be laid when it is believed that an individual has breached one or more of the terms of their bail.  The offence constitutes a new criminal offence.  When prosecuted by indictment the maximum penalty for this offence is two years in jail.  Examples of when this charge may be laid include:

• Being outside one's home outside the hours of a court imposed curfew.
• Failure to reside at a given address.
• Failure to seek counseling as directed by the court.
• Communicating with an individual whom a court has ordered non-communication.
• Being found within a boundary in violation of an order to stay away from that area.
• Failure to keep the peace and be of good behaviour (this may be laid if the individual is charged with a new criminal offence).

Courts generally take breaches quite seriously as they show a lack of respect for court orders.  Sentencing options include absolute and conditional discharges, suspended sentences, fines, and a period in custody.  A sentence may also include a probation order.  Depending on the nature of the breach it is not unusual for an individual to be sentenced to a period in custody.  Being found guilty of a breach of recognizance may make it more difficult for an individual to receive bail in the future as they have shown an unwillingness to respect court orders. This is an important factor that must be considered when determining how to proceed with a breach charge.

Like all criminal offences the Crown must prove guilt beyond a reasonable doubt.  In many cases it may appear that an individual charged with a breach has no defence.  This is not always the case.  There are a number of technical elements the Crown must prove in order to secure a conviction for breach of recognizance. For one, they must have either the actual information and recognizance for the underlying charge, or a certified copy, before the trial court for the breach charge - this often does not occur, especially in cases where the breach if being prosecuted at a different courthouse than the underlying charge.  Second, the Crown must prove, beyond a reasonable doubt, that the person being tried for the breach is the same person who was placed on the recognizance.  Third, the Crown must prove that the breach actually occurred.  This involves witnesses who actually observed the breach.  Hearsay evidence from police officers will usually not be enough to prove a breach.

Having an experienced criminal lawyer on your side who understands what the Crown must prove as well as any potential defences to the Criminal Code charge of breach of recognizance will help protect your rights in court.  Adam Goodman has experience defending assault charges in Toronto, York Region (Newmarket courthouse), and Peel Region (Brampton courthouse), and elsewhere in the Province of Ontario.  Contact Toronto Criminal Lawyer Adam Goodman today at 416-477-6793.