Failure to Comply Lawyer in Toronto
Pyzer Criminal Lawyers is a criminal defence law firm in Toronto, Ontario. Since 2002, our team has been defending clients charged with failure to comply, breach of undertaking, breach of release order, and related administration of justice offences. We represent clients at courthouses across Toronto and throughout Ontario. If you or someone you know has been charged, our lawyers are available 24/7.
Why Clients in Toronto Choose Pyzer Criminal Lawyers
Pyzer Criminal Lawyers has been defending clients in Toronto and across Ontario since 2002. Our team, including criminal defence lawyers Jonathan Pyzer and Jasmine Mann, appears regularly at Toronto’s criminal courts, including 10 Armoury Street, the Toronto Region Bail Centre at 2201 Finch Avenue West, and 361 University Avenue for related Superior Court criminal matters. We know the Crown practices and bail hearing procedures relevant to these matters. We know the Crown practices and bail hearing procedures at each location.
Rated 4.9 stars based on 150+ client reviews.
Over two decades of criminal defence experience in Toronto and Ontario courts
Members of the Law Society of Ontario, the Criminal Lawyers’ Association, and the Toronto Lawyers Association
Available 24/7 — failure to comply arrests do not follow business hours, and neither do we
Free consultation — no obligation to retain after your initial conversation
Confidential consultations — all communications with our lawyers are protected by solicitor-client privilege
Serving clients across Toronto and the Greater Toronto Area, with experience in courts in Barrie, Mississauga, Brampton, Hamilton, Oshawa, Newmarket, and surrounding communities
What Our Clients Say
I cannot recommend Jonathan Pyzer highly enough. If you find yourself navigating the legal system and need an attorney who will genuinely fight for you, look no further. From our very first consultation, his fierce advocacy for his clients was immediately apparent. He never treated the case as just another file on his desk, nor did he look for an easy, mediocre plea deal. Instead, he invested the time to truly understand every detail and relentlessly pursued the best possible outcome. Jonathan was incredibly communicative, guiding us through a confusing and overwhelming legal system. He ensured my family always understood exactly where the case stood and what the next steps would be. Thanks to his sharp legal mind and tireless work ethic, he delivered a brilliant result that exceeded all of our expectations, ultimately giving my family member a fresh start. If you want a criminal defense lawyer who is compassionate, deeply communicative, and knows how to win, hire Jonathan Pyzer. He is worth every single penny.
Picking Jasmin to fight my case was my best decision in my life .She explain every little details to me clearly at the beginning and her proffesionalism is top notch . I would highly recommend her to anyone. Thank-you Jasmine!
professional
Their work was very good. i had 3 demerits and suspensions for license. but KIM helped me to get my license back without any suspention and she saved my demerits points. So I liked their work very much.i appreciate them.
Jonathan, is professional, reliable, and incredibly helpful. I felt supported every step of the way. Highly recommend!
I would like to highly recommend Jonathan Pyzer. He stood by me every step of the way, was very attentive, and provided excellent advice throughout the entire process. He handled my case professionally and worked hard to achieve a great outcome, which I truly appreciate. His communication was clear and consistent, and I always felt supported and informed. I’m very grateful for his help and would recommend him to anyone in need of a professional and reliable criminal lawyer.
I had a very good experience whit Pyzer Criminal Lawyers, Jasmin was always so helpful to my case,and guide me on the right next steps. I really appreciate all the peace of mind and relaxed that she made feel about my case thank you very much
My family and I are so grateful to Jasmine for handling a case for us. Her professionalism and compassion throughout this hard time was greatly appreciated. We walked away with a win and she made it look easy. Hopefully we are never in the position to need her again but if we do she will be our first call. Thank you Jasmine
Excellent Legal Representation! I can’t thank Jonathan enough for his exceptional work on a friend's case. From the start, he was professional, thorough, and always kept us informed throughout the process. His expertise and dedication led to a successful outcome, and we are incredibly grateful. If you need a skilled and compassionate criminal lawyer, Jonathan is the one to trust. Highly recommend!
I am very grateful to my lawyer, Jasmine, for the excellent job she did handling my case. From the beginning, she was very professional, patient, and supportive during a very stressful time for me. She explained everything clearly and made sure I understood the legal process and my options. Jasmine worked hard on my case and achieved a very positive outcome. Her experience, confidence, and dedication really showed throughout the process. She always responded to my concerns and made me feel reassured when I was worried.
Jonathan is an exceptional lawyer who provides guidance and support with professionalism, care, and expertise. From start to finish, he led the process with clarity, patience, and confidence. I’m truly grateful for his support and would highly recommend him to anyone seeking outstanding legal representation.
Amazing lawyer, easygoing, understanding and helped me a ton, THANKS A LOT
What Is a Failure to Comply Charge in Toronto?
The Legal Definition Under Section 145 Criminal Code
A failure to comply charge, also known as a bail breach, breach of conditions, or breach of recognizance, arises when a person released on bail allegedly violates the conditions of their undertaking or release order without a lawful excuse. Under Section 145 of the Criminal Code of Canada, this is a separate criminal offence from whatever charge originally led to the person’s release. Courts classify it as an offence against the administration of justice.
Breach of Undertaking vs. Breach of Recognizance
When you are released from custody in Ontario, you receive one of two forms of bail documentation:
Undertaking (Form 10): Issued by the police at the station when you are released. Takes effect immediately upon signing and contains conditions set by the arresting officers.
Release Order (Form 11): Issued by a Justice of the Peace after a bail hearing. Conditions are set by the court, with input from the Crown.
Both documents carry the same legal force under the Criminal Code of Canada. A breach of either falls under Section 145 and gives rise to the same failure to comply offence. Many people assume a police undertaking is less formal than a court release order. That assumption does not reduce your legal obligation to comply with every condition set out in it.
Common Bail Conditions in Toronto and What Constitutes a Breach
The conditions on an undertaking or release order depend on the nature of the original charge and the circumstances of the accused. Conditions commonly imposed in Toronto include:
Reporting to a specified police division or bail program supervisor on set dates and times
Remaining within the province of Ontario
Abiding by a no-contact order, meaning no communication with named individuals, directly or through third parties
Refraining from entering specified locations or geographic areas, sometimes called red zones
Abstaining from alcohol, controlled substances, or both
Refraining from possessing prohibited items or anything else barred by the release terms
Complying with any other express condition in the undertaking or release order
Attending court at each required date
Understanding the exact terms of your release conditions is the starting point for any defence of failure to comply. Conditions are sometimes misunderstood or poorly communicated at the time of release.
Have You Been Charged With a Failure to Comply in Toronto?
A failure-to-comply charge, also called a bail breach or breach of conditions, can result from situations that may seem minor or even accidental. The circumstances we see most often are the accused:
Being outside their home during a prohibited curfew period
Having contact, directly or through a third party, with a person named in a no-contact order
Missing a mandatory check-in with police or a bail program supervisor
Entering a restricted location or geographic zone named in their release conditions
Being found with, or using, a substance that their undertaking or release order prohibits
Violating any other condition attached to their bail, regardless of whether the underlying charge is minor
Breaching a probation charge following a conviction on an earlier matter
Having a warrant issued for their arrest in connection with an alleged bail breach
Having their surety withdraw their supervision, which triggers a review of their release.
Failure to comply charges frequently arise alongside underlying matters such as assault charges in Toronto, domestic assault charges, and impaired driving charges.
Why You Need a Bail Breach Lawyer in Toronto Right Away
A failure to comply charge is not a side issue. It is a separate criminal offence with its own potential consequences. It also creates complications around bail that are worth addressing as early as possible.
Reverse Onus at a Toronto Bail Hearing
When a person is charged with failure to comply while already released on bail, the rules at a new bail hearing change under the Criminal Code of Canada. Under Section 515(6), the burden of proof at the new bail hearing shifts to the accused. Rather than the Crown having to justify continued detention, you must show the court why your release is warranted. This is called a reverse onus. Preparing a credible release plan, including identifying and preparing a surety and anticipating the Crown’s position, before you appear in court, is a critical part of addressing a failure to comply charge effectively.
The Separate Criminal Record
A failure to comply conviction results in a criminal record that is separate from your original charge. This matters because even if your underlying charge is later resolved in your favour, whether by withdrawal, acquittal, or discharge, a bail breach conviction from the same period stays on your record independently. That separate record can affect employment, travel, and immigration status, and it can affect how courts approach any future bail hearings.
Time Is a Relevant Factor
Bail hearings following a breach arrest take place within a short timeframe. Building an effective release plan, including identifying and preparing a surety, designing a supervision proposal, and anticipating the Crown’s objections, takes preparation before you appear. Speaking with a criminal defence lawyer as early as possible gives you more time to put that plan together.
Potential Consequences of a Failure to Comply Charge
Criminal Penalties for Administration of Justice Offences in Toronto
Failure to comply is a hybrid offence under the Criminal Code of Canada, meaning the Crown decides whether to proceed by summary conviction or by indictment based on the circumstances of the case. If prosecuted by indictment, the maximum penalty is two years in prison. If the Crown proceeds by summary conviction, the maximum penalty is a fine of up to $5,000 and/or up to two years less a day in custody.y. These penalties apply in addition to, and separately from, any sentence imposed for the original charge.
Impact on Your Current Bail
If a bail breach allegation leads to an application under Section 524 of the Criminal Code of Canada, the court can revoke your current release order and remand you into custody pending a new bail hearing. At that new hearing, the reverse onus applies under Section 515(6). The burden falls on you to demonstrate why release is appropriate.
Impact on Future Bail Hearings
A prior failure to comply conviction is a relevant consideration at any future bail hearing in Ontario. Crown attorneys and courts treat a history of non-compliance as relevant to whether you can be trusted to abide by the conditions of release. A prior bail breach conviction can affect both the likelihood and the terms of any future release.
Collateral Consequences
A criminal record from a failure to comply conviction can affect:
Employment: Many employers in Ontario conduct background checks. A criminal record can show up and affect hiring decisions or professional standing.
Immigration: If you are not a Canadian citizen, a criminal conviction for a failure to comply charge can affect applications for permanent residency, work permits, or citizenship, and can trigger inadmissibility proceedings.
Travel: Entry to the United States and certain other countries can be affected by a criminal record.
Professional licensing: Some regulated professions in Ontario require disclosure of criminal convictions as part of licensing or registration.
Potential Defences to Failure to Comply Charges in Toronto
Failure to comply charges are not automatically proven. The Crown has to establish three things beyond a reasonable doubt: that you were bound by the condition, that a breach occurred, and that you knowingly or recklessly failed to comply. Pyzer Criminal Lawyers reviews the full disclosure and all available facts before advising on how to proceed. Speak with a criminal defence lawyer before making any decisions, including whether to plead guilty.
Lawful Excuse
Where bail conditions were breached but a genuine justification existed, a lawful excuse may be available as a defence. The accused bears the burden of demonstrating the excuse on a balance of probabilities. Courts have accepted circumstances like a medical emergency, an urgent safety situation, or other necessity as justifying non-compliance with a condition. Whether this defence applies depends on the specific facts of the case.
Lack of Intent
A failure to comply charge requires the Crown to establish that you knowingly and voluntarily failed to comply with your bail conditions. Where you genuinely misunderstood the terms of your release order, were not properly informed of a condition, or made an honest mistake about what compliance required, the Crown may not be able to prove the required mental element. Canadian courts have found accused persons not guilty in circumstances where the person held an honest, though mistaken, belief about what their conditions permitted.
Insufficient Evidence
The Crown must prove every element of a failure to comply charge beyond a reasonable doubt. The evidence in these cases, including police notes, surveillance footage, records of check-ins, and the release order documentation itself, does not always meet that standard. A thorough review of the disclosure can identify gaps, inconsistencies, or weaknesses in the Crown’s evidence that affect whether and how the matter proceeds.
Charter Applications
If police learned of an alleged bail breach through a stop, detention, or search that violated your rights under the Canadian Charter of Rights and Freedoms, a lawyer can apply to have that evidence excluded from the proceedings. Where evidence obtained through a Charter violation is excluded, the Crown may not be in a position to continue with the charge. This defence requires careful analysis of the specific circumstances under which the alleged breach came to the attention of the police.
Negotiated Resolution and Withdrawal
In a number of cases, the best path forward is negotiation with the Crown rather than a contested hearing. Where a bail breach was minor, appeared unintentional, or where prosecuting it separately would serve limited public interest, Crown attorneys may agree to withdraw the failure to comply charge. In other cases, it may be possible to address the breach alongside the original charges in a global resolution, thereby preventing a separate criminal record arising solely from the breach.
How Pyzer Criminal Lawyers Handles Failure to Comply Cases
Initial Consultation
It starts with a free, confidential conversation with a member of our team. We gather the relevant information: the conditions you were subject to, the circumstances of the alleged breach, whether a warrant has been issued, and the date of your next court appearance.
Emergency Bail Planning (Where Applicable)
If you are in custody or an arrest is anticipated, we move quickly to build a bail plan. That means finding and preparing a surety, developing a supervision proposal, and anticipating the Crown’s position at a reverse onus bail hearing.
Voluntary Surrender Strategy (If a Warrant Is Outstanding)
If a warrant has been issued for your arrest, get legal advice before the police execute it. Pyzer Criminal Lawyers can coordinate the terms of surrender and arrive at court with a prepared release plan already in place.
Disclosure Review
Once the immediate custody issue is addressed, our team obtains and reviews the complete disclosure, including police notes, surveillance materials, release order documentation, and electronic evidence.
Defence Strategy and Resolution
Based on the disclosure review, we advise on every option available: negotiation with the Crown for a withdrawal or global resolution, a Charter application to exclude improperly obtained evidence, or a contested hearing or trial.
Frequently Asked Questions About Failure to Comply Charges in Toronto
A failure to comply charge is a criminal offence under Section 145 of the Criminal Code of Canada. It arises when a person released on bail, whether through an undertaking issued by police or a release order issued by a court, allegedly violates one or more conditions of that release without a lawful excuse. The offence is classified as an administration of justice offence and is prosecuted separately from whatever original charge led to the person’s release on bail.
If you are alleged to have breached your bail conditions in Toronto, you can be arrested and held in custody pending a new bail hearing. At that hearing, the reverse onus applies under Section 515(6) of the Criminal Code of Canada, meaning you bear the burden of showing the court why your release is appropriate. A separate criminal charge under Section 145 will also be laid and prosecuted independently from your original matter. A conviction results in a distinct criminal record, even if your original charge is later resolved in your favour.
A failure to comply conviction can result in a period of custody. If the Crown proceeds by indictment, the maximum sentence is two years in prison. If the matter proceeds by summary conviction, the maximum is up to two years less a day in custody and/or a $5,000 fine. Courts in Toronto treat administration of justice offences seriously. These penalties can apply even where the original underlying charge is ultimately resolved in the accused’s favour.
The reverse onus is the legal rule that applies when a person is charged with an offence while already released on bail. Under Section 515(6) of the Criminal Code of Canada, the burden of proof at the new bail hearing shifts to the accused rather than resting with the Crown. Instead of the Crown demonstrating why detention is justified, you must show the court why release is appropriate. Preparing a detailed and credible release plan, with appropriate surety supervision and conditions, before the hearing is an important part of addressing a reverse-onus situation.
Several legal defences may be available to a failure to comply charge in Toronto. A lawful excuse, such as a medical emergency that made compliance with a condition temporarily impossible, may justify the breach if established on a balance of probabilities. Lack of intent is also a recognized defence: where you genuinely misunderstood your release order, the Crown may not be able to prove the knowing mental element required for conviction. If evidence of the breach was obtained through police conduct that violated your rights under the Canadian Charter of Rights and Freedoms, a Charter application may result in that evidence being excluded. In many cases, negotiation with the Crown results in the charge being withdrawn before the matter reaches a hearing.
If a warrant has been issued for your arrest in connection with an alleged failure to comply, it is best to address the matter with legal representation right away rather than waiting for police to execute the warrant. Turning yourself in alongside a criminal defence lawyer allows for negotiation of the terms of surrender and preparation of a bail plan before your bail hearing. Pyzer Criminal Lawyers can assist with coordinating this process. Call (416) 658-1818 24/7 to speak with a member of our team.
In a number of cases, Crown attorneys will agree to withdraw a failure to comply charge where the breach was minor, appeared unintentional, or where prosecuting it as a separate matter would serve a limited public interest. It is also possible, in appropriate circumstances, to address a bail breach charge alongside the original charge through a global resolution, which can avoid a separate criminal record from the breach itself. Pyzer Criminal Lawyers considers all available avenues of resolution in every case.
Regardless of whether a bail breach appears minor, the legal consequences of a conviction can be significant: a separate criminal record, difficulty obtaining bail in the future, and potential effects on employment, immigration status, and travel. It is worth speaking with a criminal defence lawyer before making any decisions, including whether to plead guilty. Options that may not be immediately apparent are often available once the circumstances are reviewed with legal counsel.
A failure to comply charge can affect the underlying matter in several ways. If bail is revoked, you may remain in custody while the original charge is resolved, which limits your ability to prepare a defence and participate actively in your case. A history of non-compliance with bail conditions may also be considered by the Crown and the court in the context of the original matter. Addressing the bail breach charge promptly is therefore relevant not only to the breach charge itself but to how your case as a whole proceeds.
Failure to comply charges in the City of Toronto are heard at Ontario Court of Justice locations, including 10 Armoury Street, with adult bail matters handled through the Toronto Region Bail Centre at 2201 Finch Avenue West. Related Superior Court criminal matters may proceed at 361 University Avenue. The particular courthouse is determined by where the alleged breach occurred. Pyzer Criminal Lawyers appears regularly at all Toronto and Greater Toronto Area criminal courts and is familiar with the Crown practices and procedures at each location.
