What happens if I breach my conditions?
In the United States? This answer is Québec and Canadian law. The US side of this site answers different questions, state by state: different law, and different coverage. Go to the US side
Short answer
In Canada, failing to comply with a condition of release is a separate criminal offence under section 145 of the Criminal Code, punishable by a maximum of two years' imprisonment on indictment. That charge is added to the one you already face.
In detail
Section 145 applies to a person who, “without lawful excuse”, fails to comply with a condition of a release order or fails to appear. It is a hybrid offence: the prosecution can proceed by indictment (two years maximum) or by summary conviction.
Two consequences stack up. First, a new charge is added to the file. Second, a breach weakens your position on release: it can lead to an arrest and to being held in custody again while the case continues.
The idea of a “lawful excuse” does exist in the law, but the court assesses it in light of the circumstances. It is not presumed.
If a condition has become impossible to comply with · a move, a change in work schedule, child care · there are mechanisms for asking that it be changed. Better to use them before the breach than after.
What to document
Keep a written copy of your conditions within reach, and note every situation where a condition becomes difficult or impossible to comply with, with the date and the reason. If you asked for a change, note who you asked, when, and what the answer was. That record is what separates a documented obstacle from a bare assertion.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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And to put it in order: our free tools · number your exhibits, set your facts in date order, request a copy of your file. No account, and nothing leaves your browser.
Official sources
Related questions
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.