Some typical administration of justice offences are:

Not only will you face potential jail time, but the charge can significantly impact your credibility in court and complicate any underlying criminal matters currently before the Alberta courts.

We have been challenging and reducing the consequences of such charges for over 20 years, defending over 10,000 cases.

Our lead lawyer has earned Three Best Rated® distinction for eight consecutive years, and our team has won two Consumer Choice awards in recent years. Over 700 5-star Google reviews are testament to our success as a criminal defence law firm.

What to do next if you’re accused of breaching a court order

  1. Do not give a statement: Even if the Calgary Police Service just wants to hear your side, anything you say will be used to convict you (“off the record” doesn’t exist).
  2. Contact your defence lawyer: Whether or not you’ve already been charged with another crime, immediately call a criminal defence lawyer to defend the new charge.
  3. Retain any evidence that supports your case: Work with your defence lawyer to prove why you missed court, breached a bail condition, violated probation, etc.

Contact us for a free, no-obligation consultation.

What are administration of justice offences and their consequences?

Administration of justice offences are not simply minor administrative errors.

These charges represent a direct defiance of the justice system’s authority. Charges may lead to a new, separate criminal charge, a criminal record, and a potential jail sentence.

If you are facing a jail sentence for an existing charge, the Alberta Crown Prosecution Service almost always seeks consecutive sentences (the ‘stacking’ effect), meaning any jail time you receive for the breach is served after your original sentence, not at the same time.

The most common examples of administration of justice offences in Calgary include:

  • Failing to appear in court.
  • Breaching bail conditions.
  • Obstructing a peace officer.

The following table outlines the core offences and their potential sentences:

OFFENCE TYPICAL SENTENCING RANGE AGGRAVATING FACTORS
Failure to Attend Court 7 to 30 days in jail or a heavy fine. Prior missed dates on record; failure while on trial for a serious crime.
Failure to Comply (Bail) 14 to 45 days in jail. Found in possession of weapons/drugs while on strict no-go conditions.
Assaulting a Peace Officer 30 days to 2 years in jail. Presence of a weapon; causing bodily harm; gang-related context.
Obstructing a Peace Officer / Resisting Arrest Fine or up to 6 months in jail. Physical struggle leading to an officer injury; causing a significant delay in an investigation.
Intimidation of Justice Participant 6 months to 5 years (High-risk). Targeting a witness, juror, or judge to influence a specific trial outcome.
Breach of Court Order Fine or up to 2 years less a day in jail (up to 2 years for an indictment). Direct defiance of a Superior Court order or a no-contact provision.
Fail to Comply with Appearance Notice / Summons Fine ($500–$2,000) to 30 days in jail. Skipping fingerprinting/photos; intentional evasion to delay the start of legal proceedings.
Obstructing Justice 6 months to 2 years in jail (10-year maximum for the most serious indictable offences under Section 139(2)). Bribing a witness; destroying physical evidence; fabricating an alibi or misleading a peace officer.

Many administration of justice offences are hybrid, i.e., they can be charged as either indictable or summary offences.

Obstructing Justice, under Section 139, is a good example:

  • If prosecuted by indictment, a maximum punishment of 10 years of imprisonment can result.
  • Summary convictions carry a maximum of two years less a day in jail.

Even if the original charge was minor, the new offence can have a significant effect on a person’s criminal record and how likely they are to get bail in the future.

Most crimes to do with the justice system don’t have minimum sentences, which provides some leeway for judges to exercise discretion. The persuasive powers of our criminal defence lawyers can be extremely beneficial for the outcomes in such situations.

What are the long-term consequences of a criminal record?

If you’ve been arrested for an administration of justice offence, preventing a criminal record should be a priority.

We’ll focus on building a defence that seeks non-criminal penalties or a full acquittal at trial. In doing so, we work to avoid the following long-term consequences:

  • Employment: A ‘non-compliance’ flag on police checks can disqualify you from trusted roles in Calgary’s oil, gas, and finance sectors.
  • Future bail: You lose the ‘presumption of release,’ meaning you can be held at the Calgary Remand Centre for any future charges.
  • Court credibility: The Crown can use your record to attack your honesty and reliability if you ever testify in a future legal proceeding.
  • Freedom of movement: Judges are significantly more likely to impose GPS ankle monitoring or strict house arrest for future community sentences.
  • International travel: A history of multiple breaches can trigger secondary screenings or flat denials of entry at the U.S. border.
  • Immigration status: Sentences of six months or more for serious breaches can lead to deportation proceedings for permanent residents.
  • DNA Databank: Convictions for violent administration of justice offences, like assaulting a peace officer, often require you to provide a permanent genetic sample.

How will we secure your release, and what happens next?

When you or a loved one is held in custody for an administration of justice offence, the immediate priority is release via a Judicial Interim Release (bail) hearing.

With some administration of justice offences, however, you will be held in custody until your case is resolved.

The likelihood of release varies from offence to offence and often depends on your criminal record. Here are some examples:

OFFENCE CATEGORY RELEASE LIKELIHOOD
Fail to Attend Court / Summons High
Obstructing / Resisting Arrest Moderate
Breach of Bail (New Charge) Low to Moderate
Assaulting a Peace Officer Case-by-Case
Intimidation of Justice Participant Very Low (Mandatory reverse onus)

Assaulting a Peace Officer (Section 270) is often viewed as an unpardonable offence by Alberta judges, who frequently want to send a message of deterrence.

Bail hearings can be high-stakes in Calgary because Section 515(6)(c) of the Criminal Code mandates a reverse onus if an indictable offence is alleged to have been committed while the accused was already on release for another indictable offence.

In such cases, the burden is on the defence to prove why you should be released, rather than on the Crown to prove why you should stay in jail.

A Strategic Criminal Defence lawyer will:

  1. Meet with you at the Spyhill Services Centre (12500 85 Street NW, Calgary, AB T3R 1A2) or the Calgary Remand Centre (next door), or talk to you via video link to understand your case and explain the next steps.
  2. Gather the facts and identify either ‘lawful excuses’ for a breach, such as medical emergencies or documented technical failures, or other arguments to counter the Crown’s reasons for preventing your release.
  3. Provide a surety, if necessary, and advocate for the least restrictive bail conditions possible at the Calgary Courts Centre (601 5 St SW).

What happens if you’re released?

Whether or not you are first released, you will need to attend court for the ‘first appearance’. Your Strategic Criminal Defence lawyer will walk you through the three main stages from there:

  1. Disclosure review: We receive the Crown Disclosure (the police reports and evidence) at the first appearance. We will look for procedural errors, for example, if a failure to appear was caused by the court failing to provide the correct Webex link for a virtual appearance.
  2. The resolution discussion: In Calgary, many administration of justice charges can be resolved through negotiation, even if the evidence against you is strong. If we can show the breach was a genuine mistake, we may be able to have the charge withdrawn in exchange for a plea on the original matter or a small fine. Peace bonds and the Alternative Measures Program are other options.
  3. Trial or sentencing: If a withdrawal or alternative option isn’t possible, we proceed to trial. Because these are often consecutive sentencing offences, we fight to ensure a conviction doesn’t result in ‘stacked’ jail time that extends your stay in custody.

The Early Case Resolution (ECR) unit in Calgary is specifically designed to move administrative breaches through the system quickly. Engaging a lawyer early allows us to get your file into this stream before it clogs the trial calendar.

How will we prove your side of the story in court?

The burden of proof varies for the different administration of justice charges.

In many (but not all) cases, to secure a conviction, the Crown must prove both the physical act (actus reus) and the mental intent (mens rea) beyond a reasonable doubt.

How do we defend breach offences (Sections 145 & 127)?

For failing to attend court, failing to comply with a summons, or breaching bail/probation conditions:

WHAT THE PROSECUTION MUST PROVE COMMON & STRATEGIC DEFENCES
Identity: You are the person named in the order. Lawful excuse: An act beyond your control (e.g., medical emergency, major accident on the Deerfoot) prevented compliance.
Knowledge: You were aware of the specific condition (e.g., a 'no-contact' order or a 10 PM curfew). Due diligence: You took every reasonable step to comply, but success was impossible (common for technical/internet failures during virtual court).
Violation: You physically failed to follow the order (e.g., you were found at a prohibited address). Vagueness/Validity: The original order was drafted so poorly that it was impossible to follow, or the condition violated your Charter rights (e.g., Section 7 of the Charter).

How do we defend assault or intimidation offences (Sections 270 & 423.1)?

For high-priority ‘protection of the system’ offences like assaulting a peace officer or intimidation of a justice system participant:

WHAT THE PROSECUTION MUST PROVE COMMON & STRATEGIC DEFENCES
Officer status: The victim was a peace officer or justice participant (judge, juror, witness) acting in their official capacity. Knowledge of identity: You did not know (and could not have known) the person was an undercover officer or a justice participant.
Intentional force (Assault): You applied force intentionally, not by accident or reflex. Self-defence: You used reasonable force to protect yourself from unlawful or excessive force used by the officer first.
Specific intent (Intimidation): For s. 423.1, you acted specifically to provoke fear to interfere with the justice system. Lack of intent: The conflict was a private dispute or a mental health crisis, not a targeted attempt to subvert the law.

How do we defend obstructing and resisting offences (Section 129)?

For obstructing a peace officer or resisting arrest, the defence often hinges on the definition of “lawful execution of duty.”

WHAT THE PROSECUTION MUST PROVE COMMON & STRATEGIC DEFENCES
Lawful duty: The officer was acting legally (e.g., they had a valid warrant or reasonable and probable grounds for an arrest). Unlawful duty: If the initial arrest or search was illegal, you cannot be guilty of obstructing an unlawful act.
Willful obstruction: Your actions actually made the officer's job harder (e.g., giving a fake name, physically blocking a door).

Mere passive resistance: Arguing with an officer or refusing to answer questions (where not legally required) often does not reach the level of criminal obstruction.

Similarly, if you were simply confused by a police command or physically unable to comply, we can argue a lack of intent.

Successful administration of justice offence cases

Note: Past outcomes do not guarantee future results. Every case depends on its own facts.

Case Number: 2240008

Our client was charged with Obstruction of a Peace Officer after two peace officers attended a large party site located on a campsite that our client had rented for a birthday party. Upon arriving at the scene, the peace officers found bottles of alcohol and beer cans strewn about the site, as well as a significant amount of garbage. Because our client had violated park regulations, the peace officers revoked her parking permit. While the officers were investigating the infraction, our client had given the officers a false name, became enraged at the presence of the officers at the site, and struck their vehicle in anger. The officers subsequently charged our client with Obstruction of a Peace Officer.

Upon being retained, we ordered disclosure and immediately directed our client to begin volunteering in the community. We also sought out glowing character references for our client to forward to the Crown Prosecutor during negotiations. Once we had identified our strongest defences, we began negotiating potential resolutions with the Crown. Through our efforts, we were able to successfully resolve the matter by diverting our client to the Alternative Measures Program. As a result, our client was able to avoid a criminal record that would have caused her to lose her job.

Successful Result: Alternative Measures, Charges Withdrawn, No Criminal Record

Case Number: 53562265

Our client was charged with breaching a recognizance when he was re-arrested shortly after being released for another offence. One of the conditions of his bail for the prior offence was to refrain from entering establishments where the primary purpose of the business was the sale of alcohol. He was also to refrain from drinking alcohol and consuming drugs. Our client was noticed when he drove erratically into a parking lot of a liquor store. Once he re-emerged from the liquor store, the police approached him and informed him that they had run his information and noticed that he was currently in breach of his recognizance. In addition, while speaking to him at the window of his truck, the police noticed the smell of fresh marijuana coming from his vehicle and arrested him for possession. Upon searching his vehicle incident to arrest, the police located 9 grams of marijuana in his truck.

As breaching a recognizance is a very serious offence in Canadian law, the Crown prosecutor was seeking jail and considerable fines if our client was convicted. We ordered and did a thorough review of our client’s disclosure and found a number of weaknesses in the case against our client. We utilized these weaknesses in subsequent resolution discussions with the Crown, and we were able to persuade them to divert our client instead of sending him to jail. As a result, our client was placed in the Alternative Measures Program, and the charges against him were withdrawn once he had finished the program’s requirement.

Successful Result: Alternative Measures Program, Charges Withdrawn

Case Number: 326009

Our client was charged with breaching the conditions of an undertaking, assault with a weapon, and intimidation after the police attended a 911 call at his residence. Upon arriving, they found the complainant sitting on the steps. The complainant told the police that he had been in a fight with his boyfriend. The complainant had blood on his head and hands, and there was a 3-inch laceration on his head. The complainant informed the police that his boyfriend had thrown a phone at him while they were fighting, and that caused the laceration. The complainant also informed the police that his boyfriend had choked and punched him, and had taken away the phone when he tried to call the police.

Upon reviewing disclosure, we found several inconsistencies in the case against our client. We leveraged the weaknesses that we had identified in the Crown’s case to persuade the Crown to resolve the matter with a peace bond. Upon signing the peace bond, the charges against our client were withdrawn.

Successful Result: Peace Bond, Charges Withdrawn

Dedicated administration of justice offence lawyers at Strategic Criminal Defence

The team of lawyers at Strategic Criminal Defence in Calgary all provide defence services for administration of justice offences. View our dedicated lawyer page to learn more about our lawyers and their focus areas.

FAQs

Yes, individuals charged with a new administration of justice offence while on release for another indictable matter often face a higher bar for re-release under the ‘reverse onus’ requirement.

Jail time may be imposed until your case is resolved, but it is not automatic. If you’ve been following the rules perfectly for months and then break them for the first time, you’re more likely to get bail than if you break them more than once. Having a criminal defence lawyer advocate for you can help your situation.

You could go to jail for breaking a condition, even if you didn’t mean to or had a good reason. But these things are very important for your defence. Often, we can identify a “reasonable excuse” defence for justice system offences. If you had a good reason to break your condition, like a medical emergency, you might not be guilty. In general, forgetting about your condition or finding it inconvenient are not good reasons.

If you are held or arrested, driving a car and asked for ID, or in some regulatory situations like a workplace inspection or crossing the border, you must give your name, address, and date of birth. You don’t usually have to tell people where you’re going, what you’re doing, or anything else. The main difference is that not giving information that is legally required can be seen as obstruction, but you have the right not to answer general investigative questions.

In Canada, obstructing a peace officer and resisting arrest are two separate crimes, even though they are related. Obstructing a peace officer is a more general term that covers any action that makes it harder for a police officer to do their job, such as lying to them, warning others about their presence, or getting in the way of investigations. If a police officer tries to arrest you or someone else, resisting arrest means using your body to fight back. You can still be obstructing even if you don’t fight back, like when you lie to the police or destroy evidence. Resisting arrest means fighting back physically while being taken into custody.

Even if you didn’t commit the crime that got you arrested, you can still be charged with resisting arrest. If a police officer has a good reason to arrest you, you have to do what they say, even if you know you’re not guilty. If you fight back because you think you’re innocent, you could get more charges that will remain even if you didn’t commit the first crime.

If you’re charged with an administration of justice offence, a lawyer from Strategic Criminal Defence will:

  • Identify a ‘lawful excuse’ or other defence to your charge.
  • Gather key evidence, such as court orders, police logs, and transcripts, to identify technical errors or vague conditions to support the defence argument.
  • Guide you through the complexities of the judicial system processes, explaining timelines, legal options, various scenarios, and associated consequences.
  • Negotiate resolutions with the Crown or prepare to challenge the charge at trial.

Even before you are formally charged, our pre-charge legal advice can help you navigate potential issues.

Strategic Criminal Defence has been based in Calgary for two decades. Our lawyers understand how local courts approach administration of justice offences and will use that experience to protect your interests.

Contact us for a free, no-obligation consultation.

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Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: June 8, 2026

Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.

Experience

  • Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
  • Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
  • Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.

Education & Academic Leadership

  • Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
  • Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
  • Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.

Credentials & Recognition

  • Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
  • Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
  • Connect with Michael: Bio | LinkedIn | Firm Office: (403) 719-6410