Key Issues in Ontario
The overview below is general legal information. A lawyer must assess the evidence, current law and procedural history of your specific matter.
Failure to comply
Allegations may concern breaches of an undertaking, release order or other obligations. Elements and available defences vary by offence and wording of the order.
Probation breaches
A probation order may impose mandatory and optional conditions. Section 733.1 addresses failure or refusal to comply without reasonable excuse.
Reviewing an allegation
Counsel may examine the precise order, proof of notice, alleged conduct and any available lawful excuse or defence.
Avoiding additional allegations
Read each condition carefully. Seek legal advice about formal variations rather than assuming that informal permission is sufficient.
Judicial Referral Hearings
For some breaches that cause no harm to a victim, the Crown can use a judicial referral hearing instead of laying a new charge. The court then reviews the conditions and can change them. It is an important option to raise early.
How We Build Your Defence
Every defence starts with your disclosure. These are the issues we look at closely:
- Whether you knew about the condition and what it required
- Reasonable excuse for the breach
- Vague or unworkable conditions
- Seeking a judicial referral hearing instead of a charge
- Varying conditions to prevent future breaches
Common Questions
I missed court by accident. What should I do?
Act immediately. A warrant may have been issued. Contacting a lawyer right away can often allow you to address it before an arrest.
My curfew makes it impossible to work.
Conditions can be varied. Do not simply ignore them; ask for a change through the proper process.
Can a breach charge be withdrawn?
Yes, depending on the facts and how the original case is resolved. Breach charges are often negotiated together with the main charge.
This page is general information about criminal law in Ontario, not legal advice. Every case turns on its own facts. Book a free consultation to talk about yours.