Varying your release condition
For most charges, the accused may be released pursuant to signing a Form 10 Undertaking (without a hearing) or a Form 11 Release Order (after a bail hearing, especially in serious offences). In both cases the release would be subjected to certain case specific conditions, example- restriction to attend certain places or contact certain person. Section 515(4) of the Criminal Code imposes certain mandatory conditions on certain charges. Sometimes friends or family members will be required to act as sureties for the accused.
Sometime, you might find these conditions to be excessive, burdensome, inconvenient or even difficult to live with.
In case of a Form 10 Undertaking, proposal for variation is made to the crown counsel. In case of a Form 11 release order, through a bail variation application, a proposal for variation can be made to the crown attorney and the court, with the consent of your sureties, if you have any.
Despite section 11(d) of the Canadian Charter of Rights and Freedoms guaranteeing the right to be presumed innocent until proven guilty beyond a reasonable doubt, courts have the power to release a person only upon agreeing to stringent conditions. This could be reasoned based on Section 515(10) of the Criminal Code that justifies detention on a series of grounds. Individual circumstances play a major role in these applications and proposals.
If the Crown counsel refuses to change the accused person’s conditions, the accused might have to consider applying a bail review to be heard by a Judge of the Superior Court of Justice.
Domestic Violence or Violence against intimate partner: These cases are considered to be more serious than regular assault and violence cases. Intimate partners are recognized as vulnerable people. One major release condition in this case would be a no contact order and failure to comply with a no contact order will have serious consequences. A no contact order can be agreed with the crown to be varied if the accused agrees to enter into the Early Intervention Program (EIP) also known as the Partner Assault Response Program (PAR).
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