Failing to comply with bail conditions in Canada is a criminal offence that can result in arrest, detention, new charges, and significantly worse outcomes in your original case — even if the breach was unintentional and the original charge was minor. Courts treat bail compliance as a test of whether an accused person can be trusted in the community, and a single breach can lead to the revocation of bail, the imposition of stricter release conditions, or the denial of future release altogether.
Failing to comply with bail conditions in Canada is not treated as a minor procedural issue. It is a criminal offence that can dramatically alter the course of a case — often in ways people do not expect when they are first released.
Many accused individuals assume that bail conditions are secondary to the underlying charge. In reality, courts frequently view compliance with bail as a direct test of whether a person can be trusted to remain in the community while awaiting trial.
This article explains how bail works in Canada, what legally counts as non-compliance, and why even technical breaches can carry serious consequences.
When police charge someone with a criminal offence in Canada, they must decide whether that person can be released before trial. The form of release depends on the seriousness of the charge, the individual’s criminal history, and the perceived risk to the public.
For less serious offences, police may release an accused person on an undertaking. This is a written promise to:
While an undertaking may feel informal, it is legally binding. Failing to attend court or committing a new offence while on an undertaking is treated the same way as breaching bail under the Criminal Code .
If police do not release the accused, the person must appear for a bail hearing (judicial interim release). Bail hearings are legally complex and often determine:
Failing to secure release can severely limit defence preparation, as the accused may remain in custody until trial.
Bail conditions are not suggestions or guidelines. They are court-ordered rules designed to manage risk while a case is pending.
Common bail conditions include:
Courts expect strict compliance, even when conditions are inconvenient or difficult to follow.
Under section 145 of the Criminal Code, failing to comply occurs when an accused:
Importantly, intent does not matter. You do not need to mean to break a condition. Being late for curfew, misunderstanding a geographic boundary, or accidentally encountering a prohibited person can all constitute a breach.
Failing to comply with bail conditions is a new criminal offence, separate from the original charge.
Possible consequences include:
“We regularly see situations where the bail breach causes more damage than the original charge. Courts interpret non-compliance as a lack of respect for the justice system.”
— Heather Spence, Criminal Defence Lawyer & Partner
In practice, bail breaches often lead to more extended detention and reduce the likelihood of favourable outcomes, such as discharges or charges being withdrawn.
Failing to comply with bail conditions can be prosecuted either summarily or by indictment.
But the formal penalty is often only part of the damage. A bail breach can:
Yes, although this occurs less frequently, bail can be revoked even when no formal breach has occurred.
In Ontario, many forms of judicial interim release require a surety — a person who agrees to supervise the accused and ensure compliance with release conditions. A surety assumes legal responsibility and may face financial or legal consequences if the accused fails to comply.
Notably, a surety has the legal right to withdraw its supervision at any time. The surety is not required to prove that the accused breached bail conditions. It is sufficient for the surety to advise the court that they no longer feel able to supervise or control the accused adequately.
When a surety withdraws:
At the new hearing, the court reassesses whether the accused can be rereleased and, if so, under what conditions. The outcome depends on factors such as:
If there is evidence of actual non-compliance with release conditions, police may lay separate breach charges, which can significantly complicate the case. However, where no breach is alleged, the detention relates solely to the original charges, not to new criminal conduct.
Because bail revocation can occur unexpectedly and without wrongdoing by the accused, it is essential to address surety concerns early and to seek legal advice immediately if a surety indicates an intention to withdraw.
Many bail breaches are preventable. They occur because the conditions were unrealistic, poorly explained, or not adequately challenged at the outset.
“Bail conditions should be tailored to the individual. Overly restrictive or impractical conditions dramatically increase the risk of accidental breaches.”
— Jeff Mass, Criminal Defence Lawyer & Managing Partner
Early legal intervention allows defence counsel to:
Once a breach occurs, the damage is difficult — and sometimes impossible — to undo.
If you are facing allegations of failing to comply with bail conditions or if your bail is at risk of being revoked, immediate legal advice is essential. The defence team at Mass Tsang includes skilled bail hearing lawyers with extensive experience handling bail hearings, breach allegations, and pretrial release across the Greater Toronto Area. Their focus is not only on securing release but on preventing avoidable mistakes that can permanently affect a case.
Failing to comply with bail conditions is not a technical misstep — it is a turning point. Acting early can make the difference between temporary difficulty and lasting consequences.
Yes. Failing to comply with bail conditions is a separate criminal offence under section 145 of the Criminal Code. It applies even if the original charge is minor and even if the breach was unintentional.
Yes. Intent is not required. Missing a curfew, misunderstanding a geographic restriction, or accidentally contacting a prohibited person can still result in a criminal charge for failing to comply.
In most cases, police may arrest the accused and detain them. Bail is often revoked, and the accused may be held in custody until a new bail hearing takes place. Additional criminal charges may also be laid.
Yes. Breaching bail conditions can result in:
Beyond formal penalties, a breach often leads to stricter future bail conditions or denial of release.
Yes. Bail breaches frequently make the original case worse. They can undermine plea negotiations, influence sentencing, and reduce the likelihood of favourable outcomes such as discharges or withdrawn charges.
The police and the courts enforce bail conditions. Family members, employers, and sureties do not enforce bail conditions or have police authority, although sureties may withdraw their supervision.
Yes. If a surety withdraws its supervision, bail can be revoked even in the absence of a proven breach. In that situation, the accused must return to court for a new bail hearing.
Many bail breaches are preventable. Early legal advice helps ensure that conditions are realistic, clearly understood, and appropriately tailored, reducing the risk of accidental violations that can permanently damage a case.
