Unlawfully at Large
If you break out of jail, fail to comply with your parole, don't show up for sentencing or flee from police after arrest, you are unlawfully at large.
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Plain-Language Summary
Unlawfully at Large: If you break out of jail, fail to comply with conditions of your paroleConditional release from custody before the full sentence ends., don't show up for sentencing or flee from police after you have been placed under arrest you can be convicted under s.145 of the Criminal CodeA federal act codifying most criminal offences in Canada. There are a number of circumstances where the charge can be laid but it comes down to whether you are at large in the community while you are in lawful custody. A conviction carries a jail term of up to two years.
What is Unlawfully at Large?
Being unlawfully at large usually means escaping lawful custody, failing to return to custody when required, or being at large without lawful excuse while still serving a sentence. Section 145 of the Criminal Code also includes related offences for failing to attend court, failing to attend for identification purposes, and failing to follow release-order conditions. The exact charge matters because s. 145 contains several different offences.
Escape and being at large without excuse
Under s.145 (1) If you escape lawful custody while serving a term of imprisonment you can face charges.
Failure to attend court or surrender
You are considered UAL under s.145 (2) if you fail to attend court in accordance with your release order if you do not have a lawful excuse. You can also be charged if you fail to surrender in accordance with an order of the court.
Failure to comply with appearance notice or summons
Under s.145 (3) , if you are named in an appearance notice and do not show up in court you can face conviction.
Failure to comply with undertaking
Section 145 (4) states you can be released on an undertaking instead of going through a bail hearing. However, if you fail to comply with the conditions you agreed to you are considered unlawfully at large.
Failure to comply with order
If you fail to comply with a court order you can face criminal charges under s.145 (5) .
What is Needed to Convict
The Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. must prove beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that you were in lawful custody to win a conviction. If, for example, your arrest was made without reasonable and probable grounds then it could be argued that you were entitled to be at large. In this situation you may be able to raise an argument under the Canadian Charter of Rights and Freedoms. The prosecutor must also establish that there was no lawful reason for you to be at large.
Treated as a Summary or Indictable Offence
Depending on the circumstance, the Crown can proceed either as an indictable offenceA more serious type of Canadian criminal offence. or by summary convictionUsed for lesser offences. Indictable offences are reserved for more serious crimes.
Penalties for Unlawfully at Large
The maximum jail term for being unlawfully at large is two years. This term could be added on to any time you have left on a previous sentence. If you were out on parole at the time of the offence, you will likely be returned to serve out your term. If you are out on bail and are charged with being UAL you may be remanded into custody as you could be viewed as a flight risk.
Scope of this page
Other s. 145 offences deal with failures to attend court or comply with release conditions. This page focuses on being at large without lawful excuse after being required to be in custody.
What the Crown Must Prove
To get a conviction, the Crown must prove every part of the offence beyond a reasonable doubt.
Section
Lawful custody or a sentence in force
The Crown must prove the accused was either (a) in lawful custody (e.g., arrested, held pending trial, or serving a sentence) and escaped from it, or (b) at large before the expiration of a term of imprisonment to which they had been sentenced.
The accused was at large or escaped
The Crown must prove the accused physically left/was outside the custody or supervision they were legally subject to, whether inside or outside Canada.
Absence of lawful excuse
The Crown must prove the accused had no lawful excuse for escaping or being at large. Section 145(1) makes 'without lawful excuse' part of the offence itself, not a separate defence the accused must raise unprompted — but once some evidence of an excuse is in play, the Crown must disprove it beyond a reasonable doubt. The wording includes 'without lawful excuse.' Whether a lawful excuse is realistically raised depends on the facts.
Identity
The Crown must prove the accused is the person who was in the custody/serving the sentence in question and who was found at large or to have escaped.
Fault (intention or knowledge)
The Crown must prove the accused knew or was aware of the custodial status/sentence and voluntarily left or remained at large, rather than being unaware of their legal status through no fault of their own.
A proof rule (a presumption) is a rule about evidence. It does not mean the person is automatically guilty. It means the court may treat one fact as evidence of another fact unless there is evidence pointing the other way.
Possible Penalties
These are maximum sentences. Actual sentences depend on the facts, criminal history, and any mitigating or aggravating circumstances.
Escaping lawful custody, or being unlawfully at large before the end of a term of imprisonment without lawful excuse — s. 145(1)
HybridNo mandatory minimum applies. On summary conviction, the general s. 787(1) default applies: a fine of up to $5,000, imprisonment for up to two years less a day, or both.
What these words mean
- Indictable
- The more serious way to prosecute an offence. It can carry higher maximum penalties.
- Summary conviction
- The less serious, usually faster way to prosecute an offence, with lower maximum penalties.
- Hybrid
- An offence the Crown can prosecute either way — by indictment or by summary conviction.
- Summary only
- Summary-only offences are prosecuted by summary conviction. The Criminal Code sets the maximum penalty in the specific offence section.
- Crown election
- The Crown prosecutor’s choice of which way to proceed on a hybrid offence.
Possible Defences and Legal Issues
Unlawfully at Large — s.145
Section 145(1) says the offence applies when a person is at large before the end of a sentence "without lawful excuse." If there is evidence capable of raising a lawful excuse, the Crown must prove beyond a reasonable doubt that the person was at large without lawful excuse. What counts as a lawful excuse depends on the facts and the law. This is not a general excuse for missing a legal obligation; it must fit the specific situation.
Common Legal Terms
Terms marked with a dotted underline in the article above are defined here and available in the full site glossary.
- Crown prosecutor Glossary entry →
A Crown prosecutor is a lawyer who conducts a criminal prosecution on behalf of the public. The Crown’s role is to present the case fairly, exercise independent judgment, and act in the public interest. The Crown’s role is not simply to obtain a conviction.
- Indictable offence Glossary entry →
An indictable offence is generally a more serious type of Canadian criminal offence. Some indictable matters have higher maximum penalties and may involve different court procedures, including election about the mode of trial in some cases.
- Reasonable doubt Glossary entry →
The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."
- Summary conviction Glossary entry →
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.
Legal sources
The official statute section(s) this page is based on. Always confirm against the official source before relying on it.
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Criminal Code s. 145 Escape and being at large without excuse (s. 145(1))Source current to: 2026-05-26View official source ↗
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Criminal Code s. 787 General summary-conviction penalty (default for s. 145(1)(b))Source current to: 2026-05-26View official source ↗
Government References
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About this page
Criminal Code Help explains selected Criminal Code offences and related legal concepts in plain language. The goal is to help readers understand the general meaning of the law without having to read the full statutory text.
This page is a simplified summary. It does not include every exception, definition, court interpretation, evidentiary issue, Charter issue, sentencing factor, or procedural rule that may apply in a real case.
Legal information, not legal advice
This page is general legal information only. It is not legal advice and should not be relied on as advice about any specific charge, investigation, court file, or personal situation.
Possible defences and legal issues depend on the facts, the evidence, the exact charge, current Canadian law, and the province or territory where the case is being handled. If you are facing a criminal charge or researching a real legal problem, speak with a criminal defence lawyer in your province or territory.