When you’re charged with a criminal offence in Alberta, one of the first legal hurdles you’ll face is determining whether you’ll be released or held in custody before your trial. For those granted release, it’s rarely unconditional. Instead, you’re often subject to release conditions—rules you must follow to remain out of custody while your charges are pending.
At Greg White Defence, we want every client to fully understand what these conditions mean, why they’re imposed, and what to do if problems arise. Let’s break it down.
What Are Release Conditions?
Release conditions are legal requirements imposed when someone accused of a criminal offence is allowed to remain in the community rather than being held in custody. These conditions are designed to:
- Ensure your attendance at future court dates
- Protect the public and/or victims
- Prevent interference with the administration of justice
Failing to comply with these conditions can result in a new criminal charge—typically “fail to comply with release order”—and often leads to being held in custody until the charges are resolved.
How Are People Released?
There are several ways someone can be released following an arrest, each involving different procedures and levels of oversight.
1. Release by a Police Officer
For less serious charges, the arresting officer has the authority to release you from the police station. This type of release usually comes in the form of:
- An Undertaking
- Appearance Notice or
- Promise to Appear
Each document outlines your court date and may include specific conditions.
Common Conditions in Police Releases
- No contact with certain individuals (often alleged victims or co-accused)
- No return to a specific location (such as the scene of the alleged offence)
- Abstain from alcohol or drugs
- Report to a police station at scheduled times
2. Release by a Justice of the Peace or Judge (Bail Hearing)
If police decide not to release you, you must be brought before a Justice of the Peace within 24 hours for a bail hearing. This process can lead to:
- A Release Order with Conditions
- A Detention Order (meaning you’re held in custody until your matter is resolved or bail is granted later)
Types of Conditions You Might Face
Every case is different, and the Crown or Court may tailor conditions depending on the charge, criminal history, or public safety concerns.
Common Bail or Release Conditions
Curfews
You may be required to remain at a specific address during certain hours, often from 10 PM to 6 AM.
No-Contact Orders
You may be ordered not to contact alleged victims, witnesses, or co-accused either directly, indirectly, or through third parties.
Geographic Restrictions
You might be restricted from entering certain areas, especially if the alleged offence occurred there.
Sureties
You may be required to have a surety—someone who promises the court they’ll supervise you and ensure you follow your conditions.
Substance Restrictions
In drug- or alcohol-related cases, you may be required to abstain from alcohol or non-prescribed drugs.
Weapon Prohibitions
You may be forbidden from possessing any firearms or weapons, even if the offence isn’t weapon-related.
What If You Don’t Understand Your Conditions?
Don’t Guess—Ask
If anything in your release paperwork is unclear, ask your lawyer to explain. It’s crucial you understand every condition fully—ignorance is not a defence if you breach them.
Keep a Copy With You
Keep a copy of your release document with you at all times. If police stop you and question your compliance, you’ll want that information available.
Can Release Conditions Be Changed?
Yes, but only through legal processes.
Options to Modify Your Conditions
- Consent Variation – If both your lawyer and the Crown agree to changes, they can file paperwork with the court to modify your release terms.
- Bail Review – If the Crown does not consent, your lawyer can apply for a bail review in the Court of King’s Bench.
At Greg White Defence, we routinely negotiate these changes for our clients when conditions are overly strict or no longer appropriate.
What Happens If You Breach Your Conditions?
The Consequences Are Serious
Breaching release conditions is itself a criminal offence. If you’re found in breach:
- You can be arrested immediately
- You’ll likely face additional charges
- Your release status will be reconsidered, often resulting in being held in custody
A breach can also negatively impact how the Crown and the court view your credibility and reliability throughout the rest of your case.
Final Advice from Greg White Defence
If you’ve been released on conditions, your top priority should be to understand them, follow them, and seek legal advice if they become difficult to comply with. These rules are not suggestions—they’re court orders.
At Greg White Defence, we take a proactive approach to helping our clients manage their release responsibly. If you’re unclear about your obligations or want to explore a variation of your conditions, we’re here to help.
The Bottom Line
Your release conditions are your ticket to staying out of custody while your case moves through the justice system. Violating them could undo any progress made so far. Don’t take chances—speak to us early and often.
