Breaching probation in Ontario is a separate criminal offence under Section 733.1 of the Criminal Code. It is a hybrid offence, meaning it can be prosecuted as a summary conviction or an indictable offence, potentially resulting in jail time.
Being placed on probation allows you to serve your sentence in the community rather than in a provincial jail. 🚨 However, this freedom comes with strict conditions. Whether you live in Orleans, Nepean, or downtown Ottawa, failing to adhere to the rules set by your probation officer can lead to severe legal consequences. The Canadian justice system takes probation orders very seriously, and a breach is not treated as a simple mistake.
Under the Criminal Code of Canada, failing to comply with a probation order without a reasonable excuse is a brand-new criminal charge. This means that on top of your original sentence, you will face an entirely separate prosecution. Navigating a breach charge requires immediate action and the guidance of an experienced local law firm.
Step-by-Step Process Following a Breach in Ottawa
If you fail to report, fail a mandatory drug test, or violate a no-contact order, a specific sequence of legal events is triggered. 📋 Here is how the process generally unfolds in Ottawa.
Step 1: The Probation Officer Reports the Breach
Your probation officer does not have the authority to simply let a violation slide. If they determine you have breached a condition, they are legally required to report it to the Ottawa Police Service. They will submit an affidavit outlining exactly how and when you failed to comply with the court order.
Step 2: Arrest and New Criminal Charges
Once the police receive the report, they will issue a warrant for your arrest. 👮 You will be charged under Section 733.1 of the Criminal Code for “Failure to Comply with Probation Order.” This is a hybrid offence. The Crown Attorney will decide whether to proceed by summary conviction (less serious) or by indictable offence (more serious), depending on the severity of the breach and your prior record.
Step 3: Bail Hearing and Court Proceedings
Following your arrest, you will be held for a bail hearing at the Ontario Court of Justice on Elgin Street. Securing bail for a breach is notoriously difficult because you have just demonstrated to the court that you struggle to follow release conditions. If released, you will have to fight both the new charge and complete your original probation term.
How Much Does it Cost in Ottawa?
Defending against a breach of probation charge involves significant legal expenses, though there are no court filing fees for criminal matters. 💰
- Court Fees: The government does not charge you to appear in criminal court ($0 CAD).
- Lawyer Fees: Retaining an Ottawa criminal defence lawyer for a breach of probation typically ranges from $2,000 to $5,000 CAD. If the case proceeds to a full trial, costs can easily exceed $7,500 CAD.
- Fines and Surcharges: If convicted, a judge may impose heavy fines or discretionary victim surcharges as part of your new sentence. Following the Supreme Court’s ruling in R. v. Boudreault and subsequent Bill C-75 amendments, these surcharges are no longer mandatory and can be waived by the judge if they present an undue financial hardship.
How Long Does the Process Take?
The timeline for a breach charge moves quickly at first, but slows down once in the court system. ⏳ An arrest warrant is usually issued within days of the probation officer reporting the breach. However, defending the charge in Ottawa’s backlogged court system can take anywhere from six to twelve months from the date of your arrest until a final resolution or trial.
Frequently Asked Questions (FAQ)
What is the maximum penalty for breaching probation?
If the Crown proceeds by summary conviction, the maximum penalty under current law (as amended by Bill C-75) is up to two years less a day in jail and/or a $5,000 CAD fine. If prosecuted as an indictable offence, the maximum penalty is up to four years in prison.
Does a breach cancel my original probation order?
No. Your original probation order remains strictly in effect. You must continue to follow all existing conditions, including reporting to your probation officer, while dealing with the new breach charges.
What constitutes a “reasonable excuse” for a breach?
A reasonable excuse involves sudden, unavoidable emergencies, such as being hospitalized due to a severe accident in Ottawa, making it physically impossible to report. Forgetting an appointment or having to work late generally does not count as a legal excuse.
Will I definitely go to jail for a breach?
Not necessarily. While jail is a strong possibility, an experienced local lawyer can often negotiate with the Crown Attorney for alternative resolutions, such as extending the probation term, adding community service hours, or adjusting the conditions.
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