Ontario-specific, plain-language guide. Not legal advice.
Laws change and every case is unique. If someone’s safety is at risk, call 911.
Last updated: September 2025.
Quick Definitions
- Undertaking: A promise to the police with conditions (like “no contact,” “stay away,” “curfew”).
- Release order (bail): A court-ordered release with conditions, sometimes with a surety.
- Breach: Failing to follow one of those conditions.
- Show-cause (bail) hearing: Court hearing to decide release vs. detention.
- Reverse onus: In some cases (including repeat breaches), the accused must prove why they should be released.
- Judicial Referral Hearing (JRH): Alternative process where the court reviews conditions instead of laying a new charge, but only if no harm was caused.
Stage 1: The Breach and Arrest
- Someone reports a suspected breach (survivor, witness, neighbour).
- Police investigate.
- If the breach is confirmed, the accused is arrested.
- They are told why.
- They have the right to contact a lawyer immediately.
- If kept in custody, they must appear before a justice within 24 hours.
Stage 2: Police Decision After Arrest
- Option A – Held for bail hearing:
- The accused is kept in custody.
- Within 24 hours, they appear before a judge or justice for a bail (show-cause) hearing.
- Option B – Released on an undertaking:
- The accused is released with a new written promise and a court date.
- For survivors, this can feel like the system is asking them to rely on the same promise that was just broken.
Stage 3: The Court Process After Release
No matter how they are released, the breach becomes a new criminal charge. It follows the regular Ontario court process:
- First appearance — paperwork, disclosure, next date set.
- Adjournments / “spoken to” dates — multiple short appearances, often months of delay.
- Judicial pre-trial (JPT) — Crown, defence, and a judge meet to narrow issues and discuss trial length.
- Trial — if there is no guilty plea.
➡️ Even if the breach looks “black and white,” the accused can plead not guilty, which slows the process down. Survivors are left waiting while the case winds through the system.
Stage 4: Special Path — Judicial Referral Hearing (JRH)
- Only available for “administration of justice” offences with no harm (e.g., curfew breach).
- At JRH the court may:
- Take no action,
- Change conditions, or
- Order detention.
- If JRH is used, the breach charge is usually dismissed.
- Not available if there was violence, intimidation, property damage, or financial loss.
Stage 5: Sentencing if Found Guilty
- Breach offences are hybrid: can be prosecuted summarily or by indictment.
- Outcomes include:
- Discharge, fine, probation, conditional sentence, custody.
- Aggravating factors: repeat breaches, safety-related conditions, no-contact violations, or new crimes while on release.
- Mitigating factors: early guilty plea, genuine mistake corrected quickly, strong supervision plans, counselling efforts.
Survivor Perspective: Why This Feels Unsafe
- Being told the accused is “released on another promise” can feel like the system doesn’t value survivor safety.
- It can increase feelings of helplessness, fear, and retraumatization.
- Survivors are expected to trust a promise that has already been broken.
The Statistics: Why This Matters
Canada-Wide
- About 102 women and girls are killed each year in Canada by gender-related homicide. That’s one every ~3.6 days.
- Broader studies show the rate can be as frequent as once every 2.5 days.
Ontario
- Domestic Violence Death Review Committee (2002–2019): 28 domestic homicide victims per year on average.
- 80% were adult women.
- In 25% of cases, the perpetrator had already breached a protection order before the homicide.
- Police-reported intimate partner violence: 269 victims per 100,000 (2023).
- Police-reported family violence: 238 victims per 100,000 (2023).
Saskatchewan
- Highest rates of intimate partner violence in Canada: 710 victims per 100,000 population (2023).
- Family violence: 741 victims per 100,000.
- RCMP data: 44% of homicide perpetrators were already on bail, probation, parole, or other police conditions when they killed.
Summary Table
| Region | Rates / Victims | Key Notes |
|---|---|---|
| Canada | ~102 women/girls killed per year (~every 3.6 days) | Gender-related homicide (StatsCan / WAGE Canada) |
| Saskatchewan | IPV: 710/100k; Family violence: 741/100k | 44% of homicides by offenders already under conditions |
| Ontario | IPV: 269/100k; Family violence: 238/100k | Avg. 28 domestic homicide victims per year (80% women); 25% after protection-order breach |
Practical Safety Tips for Survivors
- Keep copies of all release paperwork.
- Log breaches: date, time, what happened, how it affected you, who witnessed it.
- Save all evidence: texts, screenshots, call logs, voicemails.
- Share breach logs with police and your lawyer.
- Ask Crown or Victim Services about tightening bail conditions.
- Develop a safety plan (locks, cameras, shelter contacts, alerting schools).
- Be proactive: ask questions about the court process, request copies of undertakings or bail orders, and keep your own records.
- Seek out as much information as you can. Knowledge can give you back a sense of control.
Where to Get Help (Ontario)
- Legal Aid Ontario — duty counsel & certificates.
- Victim/Witness Assistance Program (V/WAP) — court updates and support.
- Community Legal Education Ontario (CLEO) — plain-language legal guides.
- ShelterSafe.ca — find a shelter near you
- Victim/Witness Assistance Program (V/WAP): updates on court cases, emotional support.
- Victim Services (local police-based programs): provide practical safety supports, often for free, including:
- Personal alarms
- Window and door alarms
- Safety cameras
Local Help
- Amelia Rising Sexual Violence Support Centre (North Bay): crisis line, counselling, advocacy.
- Many other sexual assault and women’s centres across Ontario offer similar services.
⚖️ Key Takeaway:
A bail breach isn’t just “paperwork.” It can be life-threatening. Survivors often face a system that relies on promises already broken, while statistics show many domestic homicides are committed by people under bail or other conditions. The law may move slowly, but the danger is immediate — and very real.
Closing Reflection
The wheels of justice do turn slowly — sometimes painfully slowly — because the system is overwhelmed. But they do turn. It requires patience, persistence, and courage to keep showing up, even when it feels unfair.
I understand how hard that is, because I am personally in the middle of it: my ex-husband-to-be has just had his first court appearance for breach of bail, and he is facing nine separate criminal charges.
If you are going through something similar, know this: the process can be long, it can feel isolating, but you are not alone. There are people, agencies, and communities ready to stand beside you until those wheels of justice finally bring accountability.
