Following an arrest, an accused person may be released on a Form 10 Undertaking or a Form 11 Release Order, depending on the circumstances. The former allows for release without a hearing, while the latter requires a successful bail hearing. Both types of release come with conditions that the accused must comply with, which may include restrictions on contact with witnesses, victims, or use of electronic devices. Some charges carry mandatory conditions, while others are deemed reasonable by the court. However, accused persons may find these conditions to be inconvenient or burdensome. In such cases, it may be possible to vary the release order conditions.
Variation
A bail variation application is a legal process that allows an accused person to request a change in their conditions under a Form 11 Release Order. The application is submitted to the Crown Attorney and the Court for review, and the consent of any sureties involved is also required. If an accused person wants to vary the conditions of a Form 10 Undertaking, they only need the approval of a Crown attorney.
Despite the presumption of innocence enshrined in the Canadian Charter of Rights and Freedoms, the court can detain an accused person or release them on strict conditions prior to any findings of guilt. Under Section 515(10) of the Criminal Code, the detention of an accused can be justified for reasons such as ensuring court appearances, maintaining public confidence in the justice system, and protecting public safety.
To successfully vary release conditions, an accused person or their lawyer must refer to these criteria and provide a reasonable variation that is supported by the context of the accused person’s circumstances. If the Crown does not agree to the proposed variations, the accused person may consider applying for a bail review before a Superior Court judge. However, this is a more difficult and expensive process that is unlikely to be successful without a significant change in the accused person’s circumstances since the initial bail conditions were set.
Variation in the Context of Domestic Assault
In cases involving domestic violence, no contact orders are commonly imposed as a condition. The Crown takes domestic assault charges very seriously, and it can be challenging for an accused individual and a complainant who are in a relationship and wish to reconcile if a no contact order is in place. In such cases, the accused individual and the complainant may want to have a lawyer draft a variation request to alter the release order conditions as soon as possible.
However, it’s important to note that varying release order conditions takes time, and the Crown may only agree to variations if they are satisfied that the complainant is comfortable with the variation or if there is no history of domestic violence. Also, violating a release order can result in a new criminal charge and serious consequences. Breaching a no contact order means an accused individual must avoid making direct or indirect contact with a complainant, including talking in-person, texting, or relaying messages using a third party. It’s crucial to avoid breaching conditions until they are properly varied.
How Can We Help?
The presumption of innocence is closely tied to the right to bail, meaning that an accused individual should not be burdened with onerous release conditions if they are truly considered innocent. At Zaidi Legal Professional Corporation, we have experience helping clients apply for variations to their release conditions, with a proven track record of success for hundreds of cases. Our law firm takes a compassionate approach, recognizing that people can find themselves in challenging circumstances. If you are facing difficulties with your release conditions, allow us to provide a comprehensive strategy for your case. Contact us today to schedule a consultation with one of our skilled lawyers.
The information presented in this blog post is thoroughly reviewed for accuracy and authenticity as of the date of publication, and is believed to be a reliable reflection of the law to the best of our knowledge. However, as the legal landscape is constantly evolving, we cannot guarantee the ongoing accuracy or completeness of this information beyond the date of publication. This material is provided for informational purposes only and is not intended to substitute for professional legal advice. Any actions taken based on the information contained on this website are undertaken at your own risk. It is always recommended to seek the advice of our team of legal professionals before making any legal decisions.
