Charged With Failing to Comply in Ontario?
As Toronto criminal lawyers we frequently help clients with fail to comply charges. Failing to comply means police believe you broke a condition of your bail, release order, or undertaking.
Common examples include contacting someone you were ordered to stay away from, missing a curfew, or failing to attend court.
The good news is that these charges can be fought. Not every breach leads to a criminal conviction. There are several defences, and many charges can be withdrawn or dismissed.
Speak With an Experienced Fail to Comply Lawyer
Nicholas Charitsis is a former Crown Attorney with 20 years of criminal law experience. He understands how prosecutors handle breach charges and what evidence they need to prove their case.
Nicholas can help you:
- Review your release conditions and the Crown’s evidence.
- Identify possible defences, including honest mistakes or a lawful excuse.
- Fight to have your charge withdrawn, dismissed, or resolved without a criminal conviction.
A failure to comply charge can also affect your bail and lead to further restrictions on your freedom.
Call Nicholas Charitsis at 416-731-7113 for a confidential case review. Let him explain how he can help you fight your charge.
What Is a Failure to Comply Charge in Ontario?
A failure to comply charge means police believe you broke a condition of a court order or police undertaking. Under section 145 of Canada’s Criminal Code, failing to follow certain release conditions or attend court can result in a new criminal charge.
You can face this charge even if you have not been found guilty of the original offence.
Common Examples of Failure to Comply Charges
Police can lay a failure to comply charge for several reasons, including:
- Contacting someone when you have a no-contact order.
- Missing a curfew or failing to report to police.
- Going somewhere your release conditions prohibit.
- Failing to attend a required court appearance.
For example, someone facing a domestic assault charge might be ordered not to contact their former partner. Sending a text message could lead to a new charge, even if the other person contacted them first.
What Is the Difference Between Breaching Bail and Probation?
Both involve failing to follow legal conditions, but they are different offences.
- A breach of bail conditions usually involves an undertaking or release order while criminal charges are still before the court. These offences are generally covered by section 145 of the Criminal Code.
- A breach of probation occurs when someone fails to follow a probation order imposed by the court. This is a separate offence under section 733.1 of the Criminal Code.
Peace bond breaches are also dealt with under separate Criminal Code provisions.
Can You Be Charged Even If You Did Not Mean to Break the Order?
Yes, police can lay a charge even when you believe the breach was accidental.
However, being charged does not mean the Crown Attorney can prove the offence. For some breaches under section 145, the Crown must prove that you knowingly or recklessly failed to follow a condition.
An honest mistake or misunderstanding can be important to your defence.
Nicholas Charitsis can review the wording of your order, the circumstances of the alleged breach, and the Crown’s evidence to determine whether the charge can be successfully challenged.
Can You Fight a Failure to Comply Charge in Ontario?
Yes. A failure to comply charge can be successfully challenged. An honest mistake, unclear release conditions, or problems with the evidence can provide grounds to fight the charge.
What Does the Crown Attorney Have to Prove?
For a typical breach of a release order under section 145 of the Criminal Code, the Crown must prove beyond a reasonable doubt that:
- You were legally bound by a valid release order or undertaking.
- You failed to follow a condition of that order.
- You knowingly or recklessly broke the condition.
If the Crown cannot prove these elements, you cannot be found guilty of that offence.
Can an Honest Mistake Be a Defence?
Yes. An honest mistake can be an important defence when you did not knowingly or recklessly break a release condition.
For example, you might accidentally encounter someone you were ordered not to contact. If you did not expect the encounter and took steps to avoid contact, those facts could support your defence.
Nicholas Charitsis can review your release conditions, text messages, witness statements, and police reports to determine what actually happened.
What Does R. v. Zora Say About Failure to Comply Charges?
In R. v. Zora, 2020 SCC 14, the Supreme Court of Canada confirmed that a breach of a release order under section 145(3) requires proof of subjective fault.
This means the Crown must prove that the accused knowingly or recklessly failed to follow a condition. Simply making a careless mistake is not enough.
The decision is important because it recognizes that people can make genuine mistakes while trying to follow their release conditions.
★★★★★ “My case domestic violence and it was especially tricky since my partner was pregnant. Nicholas built the best strategy for me and it perfectly worked. I was able to get the best result and walked out of the court room clean. If I ever need a lawyer again, I won’t even hesitate to call Nicholas.”
Can a Failure to Comply Charge Be Withdrawn?
Yes. A failure to comply charge can sometimes be withdrawn when the evidence is weak or the Crown cannot prove the offence.
Nicholas Charitsis can review the disclosure, identify problems with the prosecution’s case, and raise those issues with the Crown Attorney during a Crown pre-trial.
Depending on the circumstances, Nicholas can seek:
- Withdrawal of the failure to comply charge.
- A resolution that avoids a criminal conviction, where available.
- An acquittal at trial if the Crown cannot prove the charge.
Every case is different. The available defence depends on the wording of your conditions, the evidence, and what happened during the alleged breach.
If you’re facing a failure to comply charge, contact Nicholas Charitsis for a confidential case review. He can explain the weaknesses in the Crown’s evidence and how he would approach fighting your charge.
What Happens After You Are Charged With Failing to Comply?
A failure to comply charge can lead to an arrest, another bail hearing, and stricter release conditions. In some cases, you could be held in custody while your charges are before the court.
The new charge can also affect your original criminal case, even if you have not been found guilty of either offence.
Can You Be Arrested for Breaching Bail Conditions?
Yes. Police can arrest you if they have reasonable grounds to believe you breached a condition of your release.
Depending on the circumstances, you could:
- Be released by police with a new court date.
- Be held for another bail hearing.
- Face new or stricter release conditions.
Nicholas Charitsis can review the allegations and represent you at a bail hearing if police hold you in custody.
What Is Reverse-Onus Bail for a Failure to Comply Charge?
A reverse-onus bail hearing means you must show the court why you should be released while waiting for trial.
Normally, the Crown Attorney must explain why someone should remain in custody. However, certain failure to comply charges can trigger reverse-onus bail under section 515 of the Criminal Code.
Nicholas can prepare a release plan, address the Crown’s concerns, and argue for your release.
Can a Failure to Comply Charge Affect Your Original Criminal Case?
Yes. A new breach charge can make it harder to obtain or maintain bail on your original charges.
For example, someone released after a domestic assault charge might be ordered not to contact their former partner. Breaking that condition can lead to another criminal charge and a review of their release.
The same concerns can arise when someone is released after an impaired driving charge and fails to follow a condition of their undertaking or release order. e.g consuming alcohol where you have a bail condition not to consume.
A failure to comply charge, will be a separate offence from any original offence. Even if the original charge is withdrawn, the Crown can still proceed with the breach charge.
What Should You Do After Being Charged?
If you have been charged with failing to comply, it is important to understand your current release conditions and avoid further breaches.
You should:
- Keep a copy of your undertaking or release order and follow every condition.
- Preserve text messages, records, or other evidence related to the alleged breach.
- Contact Nicholas Charitsis to review the charges and discuss your next court appearance.
Do not assume that a complainant can give you permission to ignore a no-contact order. Only a lawful change to the order can alter your conditions.
Nicholas Charitsis is a former Crown Attorney with 20 years of criminal law experience. He can review your release conditions, explain the court process, and develop a defence strategy to fight your charge. Call 416-731-7113 for a confidential consultation.
What Are the Penalties for Failure to Comply in Ontario?
A failure to comply conviction can result in a criminal record, fines, probation, or jail time. The penalties depend on the type of order you breached, your criminal history, and the circumstances of the offence.
Even a first offence can have serious consequences. However, not every failure to comply charge results in a criminal conviction.
Can You Go to Jail for Failing to Comply?
Yes. Under section 145 of the Criminal Code, breaching an undertaking or release order can carry a maximum sentence of two years in jail when prosecuted by indictment.
The court considers several factors when deciding on a sentence, including:
- Whether the breach was deliberate or involved an honest mistake.
- Whether you have previous criminal convictions or breach charges.
- Whether the breach placed another person at risk.
Jail is not automatic. Nicholas Charitsis can review your circumstances and explain the possible penalties and available defences.
Will a Failure to Comply Conviction Give You a Criminal Record?
Yes. A guilty finding for failing to comply is a criminal conviction, unless the court grants a discharge.
A criminal record can affect your employment, travel, and future dealings with the justice system.
In some cases, Nicholas can seek to have the charge withdrawn or resolved without a criminal conviction.
Are the Penalties Different for Breaching Probation or a Peace Bond?
Yes. Different Criminal Code sections apply depending on the order involved.
| Type of breach | Criminal Code | Maximum jail sentence if prosecuted by indictment |
|---|---|---|
| Breach of undertaking or release order | Section 145 | 2 years |
| Breach of probation | Section 733.1 | 4 years |
| Breach of peace bond recognizance | Section 811 | 4 years |
These are maximum penalties, not the sentences normally imposed. Less serious cases can result in other outcomes, depending on the facts and the available sentencing options.
Can You Avoid a Criminal Record for Failure to Comply?
Yes. Depending on the evidence and your circumstances, there can be ways to resolve a failure to comply charge without a criminal conviction.
Nicholas Charitsis can review your disclosure, identify weaknesses in the Crown’s case, and discuss possible resolutions with the Crown Attorney.
He can also explain whether a discharge, diversion program, or withdrawal of the charge is a realistic option.
If you’re facing a failure to comply charge, call Nicholas at 416-731-7113 for a confidential case review. Find out how he can help you fight the charge and avoid the long-term consequences of a criminal conviction.
Can a Failure to Comply Charge Be Withdrawn in Ontario?
Yes. A failure to comply charge can sometimes be withdrawn or resolved without a criminal conviction. The outcome depends on the evidence, the seriousness of the breach, and your personal circumstances.
Nicholas Charitsis is a former Crown Attorney with 20 years of criminal law experience. He understands how prosecutors assess breach charges and what can lead to a favourable resolution.
How Can Nicholas Charitsis Help Get Your Charge Withdrawn?
Nicholas reviews the Crown’s evidence and looks for weaknesses that could affect the prosecution.
He considers factors such as:
- Whether the breach was accidental or involved an honest mistake.
- Whether the Crown can prove you knowingly or recklessly broke a condition.
- Whether you have a clean criminal record and the breach caused no harm.
Nicholas can raise these issues with the Crown Attorney during a Crown pre-trial and argue for the charge to be withdrawn.
Can a First-Time Failure to Comply Charge Be Dropped?
Yes. A first-time breach can sometimes be resolved without a criminal conviction, particularly when the breach was minor and did not put anyone at risk.
Depending on the circumstances, Nicholas can discuss possible resolutions with the Crown Attorney, including:
- Having the charge withdrawn because the evidence is weak.
- Resolving the case through an alternative measures program, where available.
- Seeking a discharge or another resolution that avoids a criminal conviction.
A clean record does not guarantee that the Crown will withdraw the charge. However, your history and personal circumstances can be important when discussing a resolution.
What If the Crown Attorney Refuses to Withdraw the Charge?
A refusal to withdraw the charge does not mean you will be found guilty.
Nicholas can continue to challenge the Crown’s evidence and prepare your case for trial.
At trial, the Crown must prove every element of the offence beyond a reasonable doubt. If the evidence does not meet that standard, the court must find you not guilty.
Speak With Nicholas Charitsis Today
You’ll speak directly with DUI Lawyer Nicholas Charitsis—not a call centre or an intake representative.
When you call Charitsis Law, you’ll speak directly with Nicholas Charitsis. Nick can answer your questions, explain your legal options, and help you understand the evidence against you.
Call 416-731-7113 today to arrange your confidential case review.
Frequently Asked Questions About Failure to Comply Charges
What Does It Mean to Fail to Comply?
Failing to comply means not following a legal requirement, court order, or condition imposed by police.
In Ontario criminal cases, a failure to comply charge often involves breaking a condition of an undertaking or bail release order.
Common examples include:
- Contacting someone when you have a no-contact order.
- Missing a curfew or failing to report to police.
- Going somewhere your release conditions prohibit.
- Failing to attend court when required.
For example, someone charged with domestic assault might be ordered not to contact their former partner. Sending that person a text message could result in a separate criminal charge.
However, not every alleged breach results in a conviction. The Crown Attorney must prove the offence, including the required state of mind.
Nicholas Charitsis can review your release conditions and the evidence to determine whether there are grounds to fight the charge.
Is Failure to Comply a Criminal Charge?
Yes. Failure to comply is a criminal offence in Canada when it involves breaking certain conditions imposed under the Criminal Code.
Section 145 covers several offences involving undertakings, release orders, and court attendance. Other sections apply to breaches of probation and peace bonds.
A conviction can result in:
- A criminal record, unless the court grants a discharge.
- Fines, probation, or jail time.
- Problems obtaining bail if you face future criminal charges.
A failure to comply charge can also proceed separately from your original criminal case. Even if the original charge is withdrawn, the Crown Attorney can still prosecute the alleged breach.
However, being charged does not mean you will be found guilty. Nicholas Charitsis can examine the evidence, challenge weaknesses in the Crown’s case, and seek a withdrawal or other favourable resolution.
What Is Another Word for “Failure to Comply With”?
In criminal law, failure to comply is often called a breach, breach of conditions, or breach of a court order.
You might hear police officers, Crown Attorneys, and criminal defence lawyers use phrases such as:
- Breach of undertaking.
- Breach of bail conditions.
- Breach of release order.
- Breach of probation.
These terms are related, but they do not always describe the same criminal offence.
For example, breaching an undertaking can fall under section 145 of the Criminal Code. Breaching probation is a separate offence under section 733.1.
The exact charge depends on the type of order involved and the condition you allegedly broke.
Nicholas Charitsis can review your charging documents and explain what the allegation means, the possible penalties, and how to fight it.
What Does Canadian Criminal Code 145(4)(a) Say?
Section 145(4)(a) of the Criminal Code makes it a criminal offence to fail, without lawful excuse, to follow a condition of an undertaking while released from custody.
An undertaking is a written promise to follow certain conditions after being released by police.
For example, an undertaking might require you to:
- Avoid contacting a named person.
- Stay away from a particular address.
- Report to police as directed.
If police believe you broke one of these conditions, you could be charged under section 145(4)(a).
The offence can carry a maximum sentence of two years in jail if the Crown proceeds by indictment. However, jail is not automatic, and less serious cases can have other outcomes.
The Crown must prove the legal requirements of the offence beyond a reasonable doubt. A lawful excuse or an honest mistake can be important to your defence, depending on the circumstances.
Nicholas Charitsis can review your undertaking, examine the alleged breach, and explain whether the Crown has enough evidence to prove the charge.
Read the full law: Criminal Code of Canada, section 145.
