Release can occur in different ways
Depending on the charge and circumstances, a person may be released by police or by a justice. The paperwork may include an undertaking or a release order. Section 515 of the Criminal Code governs judicial interim release for many offences and directs courts to use the least onerous form of release that is appropriate under the law.
Common conditions
- Report to a bail supervisor or other designated person.
- Have no contact with named individuals.
- Stay away from a residence, workplace or geographic area.
- Follow a curfew or reside at an approved address.
- Do not possess weapons.
- Abstain from alcohol or drugs where lawfully imposed.
The exact wording matters. “No direct or indirect contact” can prohibit communication through friends, relatives or online accounts. If an exception permits contact through counsel or for a specific purpose, stay within that exception.
Do not rely on the complainant’s consent
A protected person generally cannot privately cancel a criminal release condition. Even if that person initiates contact, the accused remains responsible for complying with the order. When contact is necessary for children, property, work or other legitimate reasons, legal counsel can assess whether a formal variation should be sought.
Conditions can sometimes be varied
Section 519.1 of the Criminal Code allows a release order under section 515 to be varied with the written consent of the accused, prosecutor and any sureties. Other court procedures may be available where consent is not obtained. The correct route depends on how the person was released and which court has jurisdiction.
A breach can create a separate prosecution
Failing to comply with an undertaking or release order can lead to arrest, new charges and a reconsideration of release. Section 524 of the Criminal Code addresses circumstances where release may be cancelled and detention reconsidered. Treat compliance as a separate daily obligation from defending the original case.
Prepare for a bail hearing
If a person is held for court, counsel may need information about residence, employment, family responsibilities, treatment, proposed sureties and a workable supervision plan. A realistic release plan is usually stronger than promising conditions that cannot be followed.
Keep a compliance file
- Carry or securely store a copy of the release document.
- Calendar reporting dates and court appearances.
- Record permitted communications where an exception applies.
- Keep proof of residence, employment or treatment if relevant to conditions.
- Ask counsel about ambiguous wording before acting.
Related Burnaby criminal guides
For allegations involving a partner, see domestic assault charges. For the broader process, review criminal charges in Burnaby and assault charges.
Private permission does not normally cancel a court or release condition. The accused remains bound until the condition expires or is lawfully varied. This is especially important with no-contact terms.
Can the protected person give permission for contact?
A suspected breach can lead to arrest, new allegations and reconsideration of release. Do not assume that a misunderstanding will automatically excuse non-compliance. Obtain legal advice promptly and preserve any evidence relevant to what happened.
What happens if someone accidentally breaches a condition?
Sometimes. The Criminal Code permits consent variations in defined circumstances, and other court procedures may be available where consent is not obtained. The correct process depends on the type of release document and court.
Can bail conditions be changed?
Questions people often ask
Primary source: Criminal Code section 515 (Justice Canada).