Once your release conditions have been set, it is difficult to change them without the consent of the Crown Prosecutor. In order to change your release conditions without the consent of the Crown Prosecutor, you will have to conduct a bail review hearing in King’s Bench (for background on how bail hearings work, see Bail Hearings in Canada Explained By A Lawyer), and demonstrate to the Court that there has been a material change in circumstances to justify amending the conditions. A criminal defence lawyer may be able to assist you in negotiating a change of release conditions with the Crown Prosecutor. If you are considering retaining counsel, here is what happens once you retain a lawyer. If your release includes a no-contact condition with a named individual, the Crown Prosecutor will have to be satisfied that the named individual actually wants to have contact with you before that condition will be changed. Note that even if your release conditions have been amended, they will not come into effect until you attend the courthouse and sign your new release documents.
If you breached your release conditions, you will likely be charged with breach of recognizance, which is an offence under the Criminal Code. You can learn more about related s. 145 offences here. A warrant may issue for your arrest. If a warrant issues, you will have to turn yourself in at a police station to have the warrant executed (see how to get rid of a warrant for your arrest), and you may or may not be released on the same conditions. Factors which will determine whether you will be re-released include the seriousness of your charges, the seriousness of your breach, and your criminal record. Although it is not common, it may be possible for one of our criminal defence lawyers to have your warrant brought into court to speak to without you having to turn yourself in.
