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

This article discusses charges for failure to comply with a probation order in which an individual was ordered into before a Judge.

The offence of failure to comply with a probation order is defined in s. 733.1(1) of the Criminal Code of Canada.  The charge will be laid when it is believed that an individual has failed to comply with one or more of the terms of their probation order.  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:

• Failure to report to one's probation officer.
• Failure to seek counseling as directed by the court.
• Failure to complete court-ordered community service hours.
• 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 failure to comply charges 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 further term of probation.  Depending on the nature of the probation breach it is not unusual for an individual to be sentenced to a period in custody.  Being found guilty of failure to comply with probation 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 failure to comply 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 failure to comply 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 failure to comply with a probation order. For one, they must have the actual probation order, or a certified copy, before the trial court for the failure to comply charge 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 probation order.  Third, the Crown must prove that the failure to compluy actually occurred.  This involves witnesses who can actually prove this, such as the probation officer.

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 failure to comply with a probation order 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.