What is Failure to Comply (with Recognizance or Undertaking)?

Failure to Comply (with Recognizance or Undertaking) is a commonly laid offence which often results in jail time upon conviction.  It is an offence against the Administration of Justice to violate a supervisory order that has been imposed pending a criminal charge.  The crown attorney must prove that the accused was bound by an undertaking or recognizance, that he/she breached one or more of the conditions and that the accused intended to breach those condition(s).  There are many defences to failure to comply charges.  The starting point is to hire a criminal lawyer and explain exactly what happened.  Your counsel will advise as to viable defences that apply, if any.

The Criminal Code of Canada states:
145. (3) Every person who is at large on an undertaking or recognizance given to or entered into before a justice or judge and is bound to comply with a condition of that undertaking or recognizance, and every person who is bound to comply with a direction under subsection 515(12) or 522(2.1) or an order under subsection 516(2), and who fails, without lawful excuse, the proof of which lies on them, to comply with the condition, direction or order is guilty

Failure to Comply is a hybrid offence which means the crown can proceed by summary conviction or indictment.  If the crown proceed summarily the maximum penalty is a $5,000 fine and/or 6 months in jail.  If the crown proceeds by indictment the maximum sentence is two years in jail.

Our law firm has successfully defended many of these charges and will fight to ensure the best possible result in your case.

Michael is a sharp criminal lawyer and always puts his clients first.  I wouldn’t hesitate to recommend him to anyone facing criminal charges.
– G.A.

Recent Successes:

R v S.C.
My client was charged with Failure to Comply with Recognizance after he was allegedly caught breaching the terms of his curfew. Following extensive resolution discussions and a comprehensive plan of rehabilitation, the charge was withdrawn at the request of the crown. No criminal record.

R v C.S.
C.S. was charged with Possession of a Schedule I Substance (methamphetamine), Possession of a Schedule II substance (hashish) and Failure to Comply with Recognizance (x2) after the police entered and searched his home one evening in the absence of his consent, a search warrant or any exigent circumstances. The charges were eventually withdrawn. No jail. No criminal record.

R v J.V.
Client charged with Failure to Comply with Recognizance (x14), Assault, Assault with Weapon, Mischief Under $5,000, Uttering Threats and Weapons Dangerous was released on bail.

Other Questions You May Have:

What is a Peace Bond?
What is a Bail Hearing?
How Will a Criminal Record Affect Me?
What Are the Stages of  a Criminal Case?

IF YOU ARE FACING FAILURE TO COMPLY WITH BAIL CHARGES CALL OUR OFFICE FOR A FREE CONSULTATION.