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Legal Information Monday: not legal advice, just helpful information. I’m not your lawyer, but I could be. 1.250.492.0907
“I have rules I was given after my release. I am still waiting for trial. Can I have these changed?”
3 important background details first:
1/10
“I have rules I was given after my release. I am still waiting for trial. Can I have these changed?”
3 important background details first:
1/10
1a. If you are out in the public while you wait for your trial you may have been granted JIR (judicial interim release), aka bail. You may have been released by police, without a bail hearing, in which case you may be out in public on an undertaking with conditions.
2/10
2/10
1b. Prior to Bill C-75 on December 18, 2019, there were also release options such as Promise to Appear and Recognizance, but these no longer exist under the Criminal Code and have been replaced by the Undertaking 3/10
2. This bail (or undertaking) may come with certain conditions you are legally required to follow. These can be conditions where you cannot go to certain places or see certain people. See: http://laws-Lois.justice.Gc.ca/eng/acts/c-46/page-257.HTML for some common conditions 4/10
3. Your conditions are legally binding. If you do not follow the conditions (or have then varied) you can be charged with a separate criminal offence. This can include a condition to go for fingerprinting, if you do not attend, you will likely be charged criminally 5/10
ANSWER: Yes, when you are out on bail or an undertaking you can apply to vary the terms of your conditions. It is easiest to vary the conditions by consent with the Crown and this is called a consent variation...6/10
Once agreed, you need to attend at Court to sign the bail variation form and if you had sureties (people who put up money or promises on your behalf) they will need to attend as well. These conditions will not take effect UNTIL they have been signed by a judge or JP 7/10
Without Crown consent you will need to do an application for a bail review. You will need to give notice to the Crown (through a form you file at the court registry) 8/10
Then prove that there is either:
A. A material change in circumstances between your original bail hearing and now OR
B. An error in law during your original bail hearing. 9/10
A. A material change in circumstances between your original bail hearing and now OR
B. An error in law during your original bail hearing. 9/10
Either by consent or over bail review, contact a criminal defence lawyer to help you ensure the best possible result. 10/10
Best,
Betti
Best,
Betti
