Breach of Probation
This charge implies that the probation order was not complied with.  A probation order consists items/actions that can and cannot be done.  For example, a probation order may state that a person cannot carry weapons, go to certain places, or drink alcohol.  The probation order may also atate that a person is to attend Court on specified dates, complete community service hours, and attend a drug treatment program.

If any of the rules are broken, a person can be charged with breach of probation.  While the majority of the forms of breach of probation do not involve substantive crimes, the Crown does consider them to be an aggravating factor.

What has to be Proven?

The Crown must prove:

  1. Identity: who committed the crime
  2. Jurisdiction: this is being handled in the proper court (i.e., youth court if under 18)
  3. Date: when the crime took place 
  4. Elements: the accused was on probation at the time the probation order was breached, what was done was against the probation order, and the accused knew it was against the order (or was being careless).

A Judge can only find an accused guilty if the Crown has proven all of the above.  The Judge must be certain about everything the Crown has proven; it is not enough to think that the accused is "probably guilty".

Breach of Undertaking and Recognizance

Being released on bail comes with similar conditions to a probation order, such as staying away from certain people or places, or not carrying weapons.  A recognizance is a court-ordered bond where a person agrees to perform a specific act, such as paying a debt, or appearing at future court dates.  An undertaking is a document signed where an accused agrees to do certain things, such as showing up to have their fingerprints taken on a certain date.

What has to be Proven?

The Crown must prove:

  1. Identity: who committed the crime
  2. Jurisdiction: this is being handled in the proper court (i.e., youth court if under 18)
  3. Date: when the crime took place 
  4. Elements: the accused did not go to the place they were supposed to go to, or did not do the thing that they were supposed to do, or did something they were not supposed to do, as listed in the undertaking or recognizance.

A Judge can only find an accused guilty if the Crown has proven all of the above.  The Judge must be certain about everything the Crown has proven; it is not enough to think that the accused is "probably guilty".

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