A breach of probation is a criminal charge for failing to follow a condition of a probation order a judge imposed at sentencing, such as a curfew, a no-contact term, or mandatory counselling. A related charge, failure to comply with a release order, applies when you break a bail condition before your trial.
If you’re charged with a breach offence, you face the threat of a new criminal record, a return to custody, and a judge who is now far less willing to trust you with bail or a lenient sentence.
KEY TAKEAWAYS
- A breach of probation carries up to 4 years in prison, and failing to comply with a release order carries up to 2 years.
- A breach conviction can revoke a conditional discharge, which leaves you with a conviction on the original offence.
- The Crown must prove you knew about the condition and broke it. A reasonable excuse, a vague condition, or an unlawful arrest can defeat the charge.
- You can apply to vary an unworkable condition instead of risking another breach.
- In eligible cases, the Alternative Measures Program resolves a breach without a conviction.
ABOUT CALGARY CRIMINAL DEFENCE LAWYER CORY WILSON
Cory Wilson has spent more than 16 years defending people charged with breach of probation and failure to comply in Calgary and has appeared at every level of court in Alberta. He earned his J.D. from the University of Calgary Faculty of Law, articled at Bennett Jones LLP, and trained under Willie deWit Q.C., now a judge of the Alberta Court of Appeal, and the late Hersh Wolch Q.C.
He is a member of the Law Society of Alberta, the Canadian Bar Association, and the Legal Education Society of Alberta. He holds a 4.9 rating across more than 130 Google reviews, is rated among Calgary’s top criminal defence lawyers by Three Best Rated and Calgary’s Best Rated, and has had his cases featured in the Calgary Herald.
On breach files, his record includes a client facing 37 theft charges plus several breach and failure-to-appear charges, all tied to an opioid addiction. The Crown wanted jail. Cory put proof of the client’s residential treatment before the Crown; most of the charges were withdrawn, and the client avoided jail with a suspended sentence and probation. Outcomes like that are built early. In a breach case, the Crown’s position depends on whether it believes you can be trusted with conditions, and that belief can change when the defence shows why the breach happened and what has changed since. Cory reviews every condition and every piece of disclosure, and puts the reasons for the breach in front of the Crown while the charge can still be withdrawn or resolved through alternative measures.
Breach charges arise in a few ways: a missed probation appointment, a curfew check when you’re not home, contact with someone you were ordered to avoid (often at their invitation), or a condition you could not realistically follow, such as counselling with no available space. Each one leaves a record of dates, messages, and probation notes, and each one is a place where the Crown’s case can fall short. Cory has represented clients accused of breaching probation and release conditions alongside theft, assault, and impaired driving charges. He has found the gaps in each and put them before the Crown or a judge.
If you have been charged with breach of probation or failing to comply with a release order, or police have asked you to come in for a statement, speak to a lawyer before you say anything. Cory offers flexible payment plans. Call 403-978-6052, 24 hours a day, for a free consultation.
WHAT COUNTS AS A BREACH OF PROBATION?
A breach charge means you’re accused of failing to follow the conditions of a court-ordered release order or probation order.
There are two main versions of these charges in Canada:
|
CHARGE |
WHEN IT APPLIES |
COMMON EXAMPLES |
MAXIMUM PENALTY |
|---|---|---|---|
|
Failure to comply with a release order |
You are out on bail before trial. You break one of your bail conditions. |
Missing a curfew. Contacting a person you were ordered to avoid. Failing to report to a bail supervisor. |
2 years in prison (indictable), 2 years less a day (summary). |
|
Breach of probation |
You’ve already been sentenced. A judge has placed you on probation, often alongside a suspended sentence or a conditional discharge. |
Missing a probation check-in. Failing to complete mandatory counselling. Breaking a no-contact term. |
4 years in prison (indictable), 2 years less a day (summary). |
Breach charges are ‘administration of justice’ offences, and courts treat them seriously. If you’re charged, you need a lawyer to build a case that explains the reason for the breach and to convince the court that you can be trusted in the future.
Besides the serious maximum penalties, a conviction could result in:
- A new, standalone criminal record. This is separate from the record for your original charge.
- Revocation of a conditional discharge. This means the judge can enter a conviction on the original offence you thought you’d avoided.
- Tougher bail conditions or detention. A breach signals to the court that you may not follow future orders.
The exact consequences depend on your record, the original charge, how serious the breach was, and how strong your defence is. This is where Cory’s experience can help.
“A breach charge is not a formality. The Crown treats it as proof you cannot be trusted, and that colours every decision that follows, including bail on the new charge. It’s my job to show that you can be trusted.”
Cory Wilson, Criminal Defence Lawyer
WHAT SHOULD YOU DO RIGHT NOW?
A few steps early in a breach of probation case can help protect you:
- Do not discuss the allegation with the police or your probation officer. Speak with a lawyer first. Anything you say can be used against you.
- Write down what happened. Note any key dates, locations, and witnesses to the alleged breach while the details are fresh.
- Gather proof of any excuse. Medical records, messages to your probation officer, or anything showing you tried to comply can help.
- Call a criminal defence lawyer before your next court date. Cory can prepare your response to the new charge rather than being reactive.
Cory negotiates with the Crown on breach charges, and early action gives him more to work with.
HOW DOES CORY DEFEND A BREACH CHARGE
Cory reviews the disclosure line by line, looking for:
- Whether the Crown can actually prove the breach.
- Whether the arrest was lawful.
- Whether the original conditions were reasonable in the first place.
Any one of these gaps can be enough for the Crown to withdraw the charge.
“Police have to follow the rules just like everyone else. When they don’t, and I can show it clearly, the Crown often has no case left to run, whether it’s an impaired driving charge or a breach charge built on the same flawed arrest.”
Cory Wilson, Criminal Defence Lawyer
Cory has direct experience negotiating with Calgary Crown prosecutors to resolve breach-related charges. The aim is to prevent an additional conviction. He knows the judges and the courtroom culture in the local courts, which can help the negotiation process.
If custody is a risk, he moves quickly to prepare a bail plan that gives the court a reason to release you. You may be held at the Calgary Remand Centre (12200 85 Street NW) while you await your bail hearing.
Breach charges are heard at the Calgary Courts Centre on 5th Street SW, alongside your original file if it is still active. If your case is headed for trial, Cory will tell you well in advance and give you an honest view of your chances.
WHAT ARE THE DEFENCES TO A BREACH CHARGE?
Common defences for breach charges include the following:
- Reasonable excuse. You had a genuine, reasonable excuse for the breach, such as a medical emergency or an inability to reach your probation officer.
- Vague or unclear conditions. If the condition you allegedly broke was ambiguous, or you were never properly told what it required, this can undermine the Crown’s case.
- No proof of the breach itself. The Crown must prove you knew about the order and that you broke it on purpose or recklessly.
- Unlawful police conduct. If police breached your Charter rights while investigating or arresting you for the breach, that evidence may be excluded.
Sometimes the strongest move is not to fight the charge in court at all. Cory can apply to have overly strict conditions varied or removed. In eligible cases, he can pursue the Alternative Measures Program, which allows the charge to be resolved without a conviction.
“The first thing I look at in a breach file is not the breach. It’s whether the condition itself was clear, whether my client actually understood it, and whether the Crown can prove they knew they were breaking it.”
Cory Wilson, Criminal Defence Lawyer
SUCCESSFUL RESULT: JAIL AVOIDED ON 37 THEFT COUNTS AND BREACH CHARGES
- Cory’s client faced 37 theft charges plus several breach and failure-to-appear charges.
- The thefts were small and took place over several months while he was addicted to opioids and living on the street.
- The Crown’s starting position was jail.
- Cory gave the Crown proof of his client’s recovery, including residential treatment.
- After lengthy negotiations, the Crown withdrew most of the charges and agreed to a joint submission for a suspended sentence and probation so that he could continue treatment.
A breach charge does not have to end in jail when the Crown sees why it happened and what has changed. See more of Cory Wilson’s recent cases.
TESTIMONIALS
Recent clients have said this about Cory.
The right lawyer to have by your side
“Cory is an amazing lawyer. He makes you believe in yourself when you feel like nothing is going to go your way. He assesses your situation very carefully and gives the best recommendations available to you. If you feel lost or overwhelmed, Cory is the right lawyer to have by your side.”
— A.J.
Insightful advice
“Cory’s expertise was evident in his strategic approach to my case. He provided insightful advice and developed a plan that led to a positive outcome. I was particularly impressed with his ability to navigate the complexities of my situation with confidence and skill.”
— R.K.
Utmost professionalism
“Cory handled my case with the utmost professionalism, being realistic and informative on what the outcomes could be… Cory came in midway through the proceedings due to unforeseen circumstances, but brought himself up to speed in no time and carried on to the end with confidence. I would definitely recommend Cory to anyone in need of a criminal lawyer.”
— E.P.
Read more client reviews. Remember that past results do not guarantee future outcomes.
RELATED CHARGES
Breach charges are often laid alongside the offence that led to the original order:
- Domestic assault. No-contact and no-return-home conditions are the most common source of breach charges.
- Criminal harassment. Contact with a protected person can lead to both a breach and a new harassment charge.
- Uttering threats. Release orders on threats charges usually include no-contact and weapons conditions.
- Theft. Probation for theft often includes curfews, area restrictions, and counselling that clients struggle to complete.
- Impaired driving. Alcohol abstinence and no-driving terms are common conditions in DUI cases.
- Driving while disqualified. Driving during a court-ordered prohibition is a separate charge with its own penalties.
- Obstructing a peace officer. Providing police with a false name during a compliance check can result in an obstruction charge.
If you face more than one of these charges, Cory defends them together so the outcome on one does not undercut the other.
FREQUENTLY ASKED QUESTIONS
WILL I GO TO JAIL FOR A FIRST BREACH OF PROBATION?
Not necessarily. First-time, minor breaches are sometimes resolved with a fine, a variation of your conditions, or no formal penalty at all. Jail becomes more likely with a serious breach, a pattern of non-compliance, or a related new criminal charge.
CAN MY PROBATION CONDITIONS BE CHANGED INSTEAD OF FIGHTING THE CHARGE?
Yes. If a condition, such as a curfew or a no-travel term, is unworkable, your lawyer can apply to the court to have it varied or removed. That can prevent future breaches.
DOES A BREACH CHARGE AFFECT MY ORIGINAL SENTENCE?
It can. If your original sentence involved a conditional discharge or a suspended sentence, a breach conviction can lead to that discharge being revoked. A conviction can then be entered on the original charge.
WHAT IS THE ALTERNATIVE MEASURES PROGRAM, AND CAN I USE IT FOR A BREACH?
Alternative measures allow you to accept responsibility for a breach without a criminal conviction. Eligibility depends on your record and the circumstances of the breach, so speak with a lawyer about whether you qualify.
CONTACT US FOR A FREE, NO-OBLIGATION CONSULTATION
Every person charged with a criminal offence deserves skilled representation, regardless of their economic background.
During your free consultation, we will discuss the charges, possible outcomes, defences, and legal fees. We will also explain all the steps ahead, so you know what to expect.
