Failure to Comply with Conditions / Bail Violation

Courts impose bail conditions to ensure the accused attends court, protects public safety, and maintains confidence in the justice system. Common conditions include:

• Reporting: Regular check-ins with police or a bail supervisor
• Curfew: Must be at a designated address during set hours (e.g., 10 PM to 6 AM)
• No-contact orders: Prohibition from contacting the complainant or witnesses
• No-go zones: Prohibition from certain addresses or areas
• Weapon prohibitions: Surrender of firearms and prohibition from possessing weapons
• Substance restrictions: No alcohol or non-prescribed drugs
• Surety supervision: Release under the supervision of a responsible person who pledges money
• Passport surrender: Surrender travel documents

Violating any of these conditions is a separate criminal offence under s. 145.

When an accused breaches a bail condition:

1. Arrest: Police may arrest without a warrant for any breach of conditions 2. Bail review: The accused must appear for a new bail hearing, where the Crown may argue they should be detained in custody 3. Reverse onus: After a breach, the burden shifts to the accused to show why they should be released again 4. New charge: The breach itself becomes a new criminal charge that can result in additional penalties 5. Stricter conditions: If re-released, the court will likely impose more restrictive conditions

Multiple breaches make it increasingly difficult to obtain bail and may result in the accused being held in custody until trial.

Bail violations (failure to comply with conditions) are among the most commonly charged offences in Canada — and it is not even close. Statistics Canada reports approximately 80,000 to 100,000 incidents of administration of justice offences (including failure to comply, failure to appear, and breach of probation) per year, with a combined rate of roughly 210 to 260 per 100,000 population.

Failure to comply with conditions (s. 145) is the single largest contributor to this category. Criminal justice experts and advocacy groups have raised concerns that the volume of breach charges contributes to court backlogs and over-incarceration, particularly of marginalized communities. Many breaches involve technical violations (missing a curfew by minutes, being late for a reporting check-in) rather than behaviour that poses a genuine public safety risk.

Reforms under Bill C-75 (2019) sought to reduce unnecessary bail conditions and encourage police to issue appearance notices rather than arrest for minor breaches, though the impact of these reforms is still being assessed.