Your Breach of Conditions Lawyer Serving Brampton
Nirwal Law, located in Brampton and led by criminal defence lawyer Manbir Nirwal, focuses exclusively on safeguarding your rights and protecting your future. Knowing the stakes are high, Manbir brings extensive courtroom experience and a results-driven approach to your case.
Manbir takes a strategic and a personalized approach to every case. Whether the charge is minor or serious, Manbir is committed to achieving the best possible outcome for you. Your defence begins here!
Have You Been Charged with Breach of Conditions?
SCHEDULE YOUR FREE CASE REVIEW TODAY
Criminal Defence Lawyers
Results Driven Breach of Conditions Defence Lawyers
Getting bail seems like a big win. You finally get to sleep in your bed and you can go back to work. Failure to Comply is another term for Breach of Conditions. Courts take Breach of Conditions very seriously because it goes against the proper administration of Justice. This is prosecuted under Section 145 of the Criminal Code of Canada.
Overview of Charges for Failure to Comply
Section 145 of the Criminal Code of Canada breaks down into many Subsections based upon what type of Release was issued and how the Failure to Comply occurred:
Criminal Code | Offence Type | Description |
Section 145(2) | Failure to Attend Court | Missing a required court date without a lawful excuse. |
Section 145(3) | Failure to Comply with Summons | Failing to appear for court or fingerprinting/identification after receiving a summons or appearance notice. |
Section 145(4) | Failure to Comply with Undertaking | Violating a condition of a police-issued undertaking. |
Section 145(5) | Failure to Comply with Release Order | Violating a condition of a court-issued bail release order (other than missing court). |
What Crown Must Prove Breach of Conditions Charges
In order to convict someone on charges related to Breach of Conditions, the Crown must prove each element listed below beyond a reasonable doubt:
- A Valid Active Order: Accused was bound by law to meet a valid undertaking or summons.
2. Awareness: Accused was aware of the existence of the Order and specifically, what all the conditions entailed.
3. Conduct Violating Condition: Accused engaged in some type of conduct that broke the condition(s), or failed to complete one or both of the required obligations (i.e. reporting to police).
4. Intention (mens Rea): Accused breached intentionally or voluntarily;
5. No Legitimate Excuse: There was no legal justification for the breach.
Common Breaches Related to Section 145 of Criminal Code
Missing Court: Anytime a person misses their scheduled court date, either accidentally or by only one day.
Violation of No Contact: When people communicate directly or indirectly with any complainant(s) or witness(es); Responding First to contact from a complainant is considered breaking a criminal condition.
Curfew Violations: Being outside of their home during prohibited times (late at night) and being caught by police during any late-night visits they may have conducted as part of their routine compliance checks.
Consequences for Charges of Breach of Conditions
Because a Failure to Comply is a hybrid offence (meaning Crown will decide whether to proceed summarily or indictable based upon its perceived seriousness):
Summary Conviction: Most commonly used for minor offences, especially if there is no prior history for such offences.
Indictable Offecse: Up to Two Years imprisonment.
Breaches generally create additional problems almost immediately. In most cases, the individual charged with the breach is arrested again and a bail hearing is triggered. Since the accused has proven they are unable to obey court orders, these subsequent bail hearings tend to be reverse burden hearings (Section 515(6)) since the accused must demonstrate why they should not be detained until trial – and therefore, obtaining bail becomes more difficult. Additionally, breaches could negatively affect credibility in trials for the original charge(s). Note: As stated previously, Bill C-75 created a judicial referral hearing mechanism (under Section 523.1) where the police can request the judge adjust bail conditions instead of charging the accused with an entirely new crime.
How We Defend Breach of Bail Conditions
Criminal Defence Lawyers typically employ these methods when dealing with Section 145 charges:
Legitimate Emergency (Necessity) Defence: The accused experienced an actual legitimate emergency that caused them to break the terms of their conditions. Example: Needed to leave home during curfew due to a medical emergency.
Lack of Intent or Physical Impossibility: The accused acted involuntarily (e.g., became stranded in extreme weather/traffic accident making arrival home before curfew impossible). Lack of Understanding or
Ambiguity: The accused was unaware of or misunderstood conditions due to poor explanation, incorrect translation, or unclear writing.
Charter Violations: If police found out about the breach using an improper stop, an unlawful search or conducting an unconstitutional curfew check – evidence supporting the breach may be excluded.
Why Clients Choose Manbir
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
Manbir Nirwal
Manbir Nirwal
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
Our Criminal Law Services
Confidence in Every Case
Charged with Assault with Breach of Bail?
Smart Defence Strategies.
Experienced Lawyers.
Real Results.
Providing clear, strategic guidance for every step of your legal journey.
No guesswork, no uncertainty, just trusted legal support.
Free Case Review. We speak, English, Punjabi & Hindi.
Have You Been Charged with Breach of Bail?
SCHEDULE YOUR FREE CASE REVIEW TODAY