Probation Order Laws in Canada

Failure to comply with a probation order is included under Offences Against the Administration of Justice in the Criminal Code. ProbationAllows offenders to serve their sentence in the community is a specific type of sentencing, not an alternative to sentencing, so failing to comply with a probation order can be dealt with harshly by the court. Probation serves two purposes: to uphold the law and keep the public safe and to give offenders who do not pose a risk the opportunity to serve their sentence outside the prison system. Probation orders require an offender to keep the peace and be of good behaviour. They can also include specific conditions related to the offence that must be followed until the order expires. This can include abstaining from drugs or alcohol, attending counselling, completing community service hours and reporting to a probation officer. These orders cannot last longer than three years.

According to s.733.1 of the Criminal Code, if you are bound by a probation order and fail or refuse to comply with that order without reasonable excuse, you can be charged. There can be many reasons for the charge to be laid. For example, if you are ordered to pay restitution and fail to do so, or if you fail to report to your probation officer, you may be called back to court. The charge can also be laid if you fail to inform the court or your probation officer in advance of any change in your name, address or employment.