Explainer: What Happens After a Bail Release in Thunder Bay and What a Breach Can Mean

THUNDER BAY – LEGAL – It is often hard for many in Thunder Bay to understand. Police arrest a suspect after a long investigation, and in the Thunder Bay Superior Court, the justice then releases that person on bail.

For those following cases in the courts, or reading news reports, often one of the charges is “Breach of Conditions”.

This article will seek to provide information to explain the legal process.

When Thunder Bay police arrest a person and that person later appears in court, the court may release them on a release order, often called bail.

That release can include specific conditions the accused must follow while the criminal case moves through court. The person has not been found guilty; bail is about whether they should remain in custody or be released while awaiting the next steps in the case.

How the Release Process Works

After an arrest, police first decide whether the accused can be released from the police station or must be held for court. Under the Criminal Code, police are generally required to release an arrested person as soon as practicable unless detention is necessary for reasons such as confirming identity, preserving evidence, preventing another offence, protecting a victim or witness, or ensuring the person attends court.

If police do not release the person, they must bring the accused before a justice without unreasonable delay, usually within 24 hours. If a justice is not available within 24 hours, the person must be brought before a justice as soon as possible.

At the bail hearing, the court decides whether the accused should be released or detained. For most offences, the Criminal Code starts from the position that an accused should be released without conditions unless the Crown shows why detention, or more restrictive release, is justified.

This is part of the “bail ladder,” which requires the court to consider the least restrictive form of release appropriate in the circumstances.

Why Conditions Are Imposed

Conditions are not supposed to be automatic. They must be connected to the legal reasons for bail: ensuring the accused returns to court, protecting public safety, protecting victims or witnesses, preventing interference with the administration of justice, and maintaining confidence in the justice system where required. Section 515 of the Criminal Code allows a justice to impose reasonable conditions, including conditions aimed at victim or witness safety.

Common conditions can include reporting to police or a bail supervisor, living at a specific address, obeying a curfew, avoiding contact with named people, staying away from certain addresses or areas, not possessing weapons, not consuming alcohol or drugs, or not operating a motor vehicle.

The exact conditions depend on the allegations, the accused person’s circumstances, the Crown’s position, and the court’s assessment of risk.

The Criminal Code also requires police, justices and judges to give particular attention to the circumstances of Indigenous accused and accused from vulnerable populations that are overrepresented in the criminal justice system and disadvantaged in obtaining release. This is especially relevant in Northwestern Ontario, where many accused, victims, families and communities are affected by distance, poverty, addictions, trauma, housing insecurity and limited access to legal or treatment resources.

What Breaching Bail Conditions Means

A breach happens when an accused, without lawful excuse, fails to follow a condition of their undertaking or release order. For example, that could mean contacting someone despite a no-contact order, attending a prohibited address, missing a curfew, failing to report as required, consuming alcohol where abstinence is ordered, or failing to attend court.

Under section 145 of the Criminal Code, failure to comply with an undertaking can be charged under section 145(4), while failure to comply with a release order can be charged under section 145(5). Failing to attend court can also be charged separately under section 145(2). These are criminal offences separate from the original charge.

A breach allegation can have immediate consequences. Police may arrest the accused, the Crown may seek to cancel the existing release, and the accused may be brought back before the court. Under section 524, if the court finds the accused breached, was about to breach, or allegedly committed an indictable offence while on release, the court can cancel the earlier release order.

If that happens, the accused can be detained unless they show why detention is not justified.

Possible Penalties for a Breach

A breach of bail or release conditions is a hybrid offence, meaning the Crown can proceed by indictment or by summary conviction. Under section 145, the maximum penalty if the Crown proceeds by indictment is two years in jail.

If the Crown proceeds by summary conviction, the general Criminal Code penalty can include a fine of up to $5,000, imprisonment of up to two years less a day, or both, unless another penalty is set.

A breach can also affect the accused person’s position on bail for the original charge.

A person accused of breaching may face stricter conditions, a surety requirement, or detention while the case proceeds.

In some situations, being charged with breaching bail can create a reverse-onus situation, meaning the accused must show why they should be released rather than the Crown having to show why they should be detained.

A Breach Must Still Be Proven

A breach charge is not proof of guilt. The Crown must prove the offence in court, and the accused may have a lawful excuse or a defence. The Supreme Court of Canada has held that bail-breach offences require a subjective fault element, meaning the court must consider what the accused actually knew or was aware might happen, rather than simply asking what a reasonable person would have done.

For Thunder Bay residents, the practical message is straightforward: bail conditions are court orders. They remain in force unless changed by the court or through a legally recognized variation process. Anyone released on conditions should read the order carefully, keep a copy with them, and speak with legal counsel immediately if a condition is unclear, unrealistic or impossible to follow.

All accused persons are presumed innocent unless and until proven guilty in a court of law.