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Probation Order: Failure to comply with a probation order is an offence under s.733.1 of the Criminal Code and could land you in jail for two years. If you are bound by a court order and fail to live up to the conditions, you can be charged. Failure to comply is considered serious because it sends a message to police, the Crown prosecutor and the court that you have no regard for a judge's order. There are circumstances where you may be excused from punishment for disregarding a court order, such as a medical emergency.
Table of Contents:
What is Failure to Comply with a Probation Order?
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.
What is Needed to Convict
To win a conviction on the charge of failing to comply with a probation order, the Crown must prove the order existed and that you had no reasonable excuse to breach it. It may be possible to convince the court that you were compelled to defy the order. For example, if the conditions of your order prohibited you from driving and there was a medical emergency that necessitated that you take someone to hospital, that might be seen as a reasonable excuse.
Treated as a Summary or Indictable Offence
Under the Criminal Code if you are charged with failing to comply with a probation order the Crown can proceed with the matter as an Indictable offenceIndictable offences are more-serious criminal offences or by Summary convictionUsed for lesser offences.
In deciding whether to proceed summarily or by indictment, such factors as the seriousness of the allegations and your prior criminal record will be considered. You face harsher penalties if you are convicted of an indictable offence.
Penalties for Failure to Comply with a Probation Order
The maximum jail term for failing to comply with a probation order is two years if the Crown proceeds with the charge as an indictable offence. If it proceeds as a summary conviction you could face a sentence of up to 18 months in jail or a fine of up to $2,000. A judge has different options available if you fail to meet the conditions of your order depending on the severity of the offence. Your probation could be revoked and you could be returned to jail. The court could also change your probation order to add more restrictions.
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Thomson Mahoney Delorey Llp
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Glossary of Legal Terms
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Probation
Probation is ordered by the Court and allows the offender to serve their sentence in the community, subject to conditions prescribed in a probation order.
Summary conviction
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
