Canadian Criminal Sentencing/Offences/Breach of Undertaking, Recognizance, or Probation

Principles
It is "critical" that persons obey their conditions that they are bound by.

The "administration of justice and the public's confidence in the administration of justice depends on compliance with such orders". When they are breached emphasis should be on general and specific deterrence. The judge should consider "general and specific deterrence and the need to protect the public from high-risk offenders ... were paramount." As well as proportionality, gravity and seriousness of the offence.

Sentences for breach of court orders is a gradual process without a sudden, substantial increase in penalty.

Where a intimate partner is the subject of alleged violence the complainant has a right to be left alone by the accused.

Breach should "be examined in light of the potential for the reasonably foreseeable consequences" of the conduct giving rise to the breach. This includes the offender's history.

Breaches of court orders "will generally be made consecutive to the other related offences."

The purpose of a s. 810 recognizance is to protect the public by preventing future criminal activity.