If you’ve been released on bail in Ottawa, then it’s likely to have come with strict conditions. These rules are meant to give the accused freedom while also balancing public safety concerns and ensuring they attend court.
The problem comes when these restrictions interfere with how someone can live their day-to-day lives. At other times, a change in circumstances can require a change in bail conditions. Whatever the reason, modifying bail conditions can be done, but they have to be changed in the right away.
What You Shouldn’t Do to Modify Bail Conditions
Before we get into the proper process to modify bail conditions, it’s important to talk about what you shouldn’t do. The simple rule is that you should follow your bail conditions exactly. This is regardless of any other circumstances.
For example, a verbal agreement with a complainant isn’t valid. For example, in an assault case, they may ask you to come around to their home to look after the children for a while. If you are restricted by your bail on entering the property, you have breached the terms of your bail. Regardless of good intentions, this is still a crime.
This is the same for contact. If you have a no-contact order, you shouldn’t be speaking to the person listed at all, even if they initiate contact. Nothing overrides the bail order until it is legally changed.
This applies if you are waiting for a variation. Even if all the parties involved are happy with a potential bail change, you can still breach the existing conditions. Your bail conditions are black and white, and must be followed at all times.
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When a Change May Be Granted
When setting bail conditions, the court will usually try to be as fair as possible. Due to this, there needs to be a good reason to change them. A change won’t be accepted if you simply don’t like the condition, but there are a few times when a change is likely to be granted.
Employment Conflicts – For example, you have a late-night curfe,w but gain employment that involves taking night shifts.
Geographic Restrictions – These may block you from accessing the likes of work, groceries, or children.
Family Responsibilities – Circumstances may have changed, which conflict with parenting duties
Treatment or Education – You may want access to treatment or education that is currently blocked by restrictions.
The Complainant Wants a Modification – The accuser may wish for the restrictions to be eased to make their lives easier.
It’s important to note this is not a complete list, but simply the most obvious reasons for a change. If you’re unsure about whether or not a change is possible, it’s best to speak with an experienced bail lawyer who can advise you on the best path ahead.
How to Modify Bail in Ottawa
The simplest way to change bail conditions is by completing a written document called a Consent Bail Variation. This should be done with the help of a lawyer, and if the Crown agrees, the judge or justice of the peace will sign it off. The new conditions will then take effect.
If the Crown contests the new conditions, the accused can bring a bail review application to the Superior Court of Justice. Here you’ll need to provide legal arguments and supporting documentation.
Sometimes a case will be returned to the bail court if conditions need to be clarified or adjusted. The best way to get the process started is by talking with your lawyer. They will explain the information required and start to draft the Consent Bail Variation.
What the Court Considers
When the court needs to consider a change in bail conditions, it will take into consideration the same principles as the initial bail hearing. These include whether a change in conditions will change the likelihood of you showing up to court, or if confidence in the justice system will be undermined with a relaxation.
More often, the most important principle to consider is whether anyone would be at greater risk of harm if the conditions were relaxed. If there is a singular complainant, such as an alleged victim of domestic violence, their opinion and safety will be taken into account.
The court will also consider any evidence that is brought forward to support the change. Such examples may include proof of employment, letters of support, and evidence of current compliance. This will all be taken into account before a decision is made.
Related Article: https://www.agpllp.ca/top-5-reasons-bail-gets-denied-in-court/
FAQs
Can I change my bail conditions on my own without a lawyer?
Yes, you can complete the Consent Bail Variation on your own. However, this is a legal document where experience, proper wording, and correctly presented evidence are crucial. Using a bail lawyer will greatly increase your chances of success.
How long does it take to modify bail conditions in Ottawa?
With Crown consent, it can often be processed within days. If it’s contested, it will often take a few weeks, but it can stretch to months if the court is currently dealing with a backlog.
Do I need to attend court if my bail conditions are being changed?
Only if the bail review is contested, as you will have to attend the Superior Court of Justice in Ottawa. Uncontested bail variations are unlikely to require you to appear in court.
How likely are bail condition modifications?
It largely depends on the evidence and whether or not it is contested. Reasons such as employment or extra family responsibilities are likely to be granted if no one will be put at further risk.
What happens if I break my bail conditions before they are changed?
You will be committing a criminal offence. You may be arrested and possibly detained until your trial. This can lead to fines and even extra time added to a custodial sentence. Not only is it an offence, but it can affect future bail applications and undermine your case.
Final Thoughts
Bail conditions can be strict and have to be adhered to. Thankfully, they aren’t always set in stone. If circumstances change, then speak with a lawyer. They will get the process in motion and inform you of any evidence you need to provide.
If you require legal representation, contact AGP LLP today, and we’ll be more than happy to review your bail conditions. Just remember that until any changes are officially announced, make sure to strictly follow your existing bail conditions.
