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Elements of Breach of Court Orders, FTA, Probation etc. – Section 127 et al

Date And Time (Of The Breach)

Jurisdiction (Where The Breach Occurred)

Identity  Of The Accused

  • There will need to be a witness to ID the suspect as the person to whom the order pertains – (court clerk, police or probation officer etc. )
  • There will need to be a witness who can ID the suspect as the person who breached the order


Evidence of the Court Order or Release Document

  • Attach a copy of the Court Order or a copy of the CPIC information.
  • Give as much information as possible about the jurisdiction where the original offence occurred, the type of the original offence, the court file number,  and the name of the probation officer, court clerk, or other court officer if applicable. Crown will need to get a certified copy of the order, or a transcript proceedings, so give them as much information as possible to make getting the certified copy as easy to find and order from the source.
  • Consider contacting the Protection Order Registry for details on the order


Without Lawful Excuse – Intent

  • Was the accused asked if he had a lawful excuse?  There is a presumption in law that the accused should provide a lawful excuse, however if police don’t ask at the time of the breach it allows defence to present an excuse at trial of their choosing.
  • Provide any explanation for the breach offered by the accused and provide evidence that would support or refute this explanation. In many cases the accused will deny “knowledge” of the order, or that he was properly “informed” of the contents of the order.
    • Who (or what) will provide evidence that the accused was served with the order, or had knowledge of the order?


Related Links:
Statutory Wording Section 127 Disobeying Order of Court
Statutory Wording Section 811 Breach of recognizance
Statutory Wording Section 145(2)  Failure to attend court
Statutory Wording Section 145(3) Failure to comply with condition of undertaking or recognizance
Statutory Wording Section 145(5) Failure to comply with appearance notice or promise to appear
Statutory Wording Section 145(5.1) Failure to comply with conditions of undertaking
Intro to Breaches