How do I change my release conditions and what if I breach them?

By Last Updated: June 8, 2023

Once your release conditions have been set, it is difficult to change them without the consent of the Crown Prosecutor. In order to change your release conditions without the consent of the Crown Prosecutor, you will have to conduct a bail review hearing in King’s Bench, and demonstrate to the Court that there has been a material change in circumstances to justify amending the conditions. A criminal defence lawyer may be able to assist you in negotiating a change of release conditions with the Crown Prosecutor. If your release includes a no-contact condition with a named individual, the Crown Prosecutor will have to be satisfied that the named individual actually wants to have contact with you before that condition will be changed. Note that even if your release conditions have been amended, they will not come into effect until you attend the courthouse and sign your new release documents.

If you breached your release conditions, you will likely be charged with breach of recognizance, which is an offence under the Criminal Code. A warrant may issue for your arrest. If a warrant issues, you will have to turn yourself in at a police station to have the warrant executed, and you may or may not be released on the same conditions. Factors which will determine whether you will be re-released include the seriousness of your charges, the seriousness of your breach, and your criminal record. Although it is not common, it may be possible for one of our criminal defence lawyers to have your warrant brought into court to speak to without you having to turn yourself in.

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Michael Oykhman

Managing Partner

Michael Oykhman is a senior lawyer and founder of Strategic Criminal Defence, a full-service criminal law firm with central law offices across Western Canada and Ontario.

My professional experience consists of countless court appearances and thousands of successful defences and satisfied clients. Over the last 10 years, I have worked to build a law office where all the lawyers share our collective experience, resources, and passion to help people. Our team approach to legal representation is client–rather than only law–centred. We look for opportunities to add value to our clients through strategic thinking and creative solutions.

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