Breach and Fail to Comply
“Breach” or “fail to comply” offences in the Criminal Code of Canada involve violating a court-ordered condition, such as a release order, probation order, or undertaking. These charges do not depend on committing a new offence; failing to follow the terms themselves results in a freestanding charge that can be more serious than the original offence.
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Courts treat these allegations seriously, so it is important that you retain a lawyer promptly to respond to them. Convictions can result in additional criminal penalties, stricter future release conditions, and increased scrutiny on any underlying or related charges.
Consequences
If you are convicted for a failure to comply offence, you may be subject to some or all of:
Immediate
- A permanent criminal record
- New, freestanding charges even if you are not convicted of the underlying offence
- Significant court-imposed fines
- Potential custodial sentences
- Probation orders with strict conditions
Long-Term
- Foreign travel and U.S. entry bans
- Revocation of security clearances
- Loss of employment and other opportunities
- Potential immigration consequences
- Risk of increased penalties for new or repeat offences
- Prejudice in future dealings with law enforcement
Advocating For You
01
Intake
Your voice will be heard. We listen to your story and review the allegations with you. We also review any release conditions imposed on you, and consider whether they can be varied if they negatively impact your work or daily life.
02
Disclosure
You will understand the case against you. We request and obtain complete disclosure, including surveillance, statements, and financial or other documents. We review the disclosure to identify any weaknesses or inconsistencies in the evidence against you.
03
Meeting
You will be prepared to make decisions about your case. We review the evidence together and we advise you on the strength of the Crown's case and any available defences, with a view of designing the best strategy to meet your goals.
04
Disposition
Your strategy will be set in motion. We negotiate to obtain the best possible resolution position with the prosecutor. Then, we execute the best defence strategy - whether to resolve the matter or to have a trial - with the goal of protecting you in your immediate and long-term goals.
Consult With Our Team
Confidential defence strategy for breach charges. Reach out for a direct consultation regarding your case.