In Ontario, breach charges refer to criminal offences that arise when a person fails to comply with a court-ordered condition.
Adana Law has vast experience addressing and these charges, and can submit a variation to help make your release conditions more manageable.
These conditions may come from bail (judicial interim release), probation, peace bonds, conditional sentences, or other court orders. The underlying principle is that court-imposed conditions are legally binding, and violating them—regardless of the seriousness of the original charge—can result in additional criminal consequences.
For a breach offence, the Crown must prove two key elements beyond a reasonable doubt:
First, that the accused was subject to a valid court order containing specific conditions.
Second, that the accused knowingly or recklessly failed to comply with one or more of those conditions.
Intent is important—an accidental or unavoidable failure may not meet the legal threshold, although the accused may still need to demonstrate a reasonable excuse.
Common forms of breach include failing to attend court, failing to report to a supervisor, violating a curfew, breaking a no-contact or no-go order, possessing prohibited items (such as weapons or alcohol), or failing to abide by house arrest or electronic monitoring rules. Even minor violations can trigger charges, particularly if the breach involves risk to public safety, victims, or witnesses.
Penalties for breach depend on the type of order violated and whether the Crown proceeds summarily or by indictment. Sentences can include fines, probation extensions, new conditions, or jail.
A breach of a peace bond or probation order can result in up to four years imprisonment if prosecuted by indictment. Breaching bail conditions is especially serious because it undermines the accused’s release status and can lead to detention or more restrictive conditions.
Defences may include proving the accused did not understand the order, lacked intent, had a lawful excuse, or that police violated Charter rights in the investigation. Proper documentation and communication often play a key role in such cases.
Adana has a long and established record of amending release conditions to make complying with your release order more successful.