Breaching Probation in Alberta
When the court imposes probation or a conditional sentence order, it means you get to remain in the community instead of in jail. But with that chance comes responsibility, and breaching your conditions can result in losing your freedom.
Unfortunately, many people don’t fully understand the consequences of a breach until it’s too late. In this article, we explain what happens when you violate the terms of your probation or a conditional sentence order, and how you might protect
yourself.
Table of Contents
Understanding the Differences – Probation versus a Conditional Sentence Order:
Probation is an order that requires you to follow certain conditions after having been found guilty, often while the passing of a sentence has been suspended. You may have to meet with a probation officer, attend counselling, stay away from specific people, or follow curfews. While it’s part of a sentence, probation is considered rehabilitative.
A conditional sentence order, on the other hand, is more serious. It’s technically a jail sentence but served in the community. Conditions can be stricter and usually include house arrest, electronic monitoring, and/or curfews. The idea is that you’re still serving time, just outside of a jail cell. In both cases, the court will expect your full compliance. One misstep can jeopardize your liberty.
How Breaches Happen:
Not all breaches are intentional. Sometimes, people forget to check in with their probation officer or miss counselling sessions. Others are uncertain about their no-contact orders and accidentally violate them. There are cases where someone leaves their home during house arrest to help a family member, believing it’s harmless until they’re arrested for it. The law won’t always distinguish between innocent errors and deliberate defiance. Once a breach is reported, the
consequences unfold quickly.
What the Court Can Do If You Breach:
If you’re on probation and breach a condition, you can be charged with a new criminal offence: failure to comply with a probation order. The charge comes with new potential penalties, including fines, jail time, or stricter probation conditions.
If you breach a conditional sentence order, the court has broad powers. A judge could collapse your conditional sentence order and direct you to serve the rest of the time in jail. In some conditional sentence order and direct you to serve the rest of the time in jail. In some cases, you may get a second chance, but often the default response is jail.
Do You Have Options?
Yes, but you need to act quickly. Courts do have discretion, especially if this is your first breach or the violation was minor. Your lawyer may be able to argue that the breach was accidental, that you’ve been otherwise compliant, or that the original conditions set you up for failure, like if you have substance abuse issues with an order to abstain.
Context matters. If you’re struggling with addiction, mental health, or unstable housing, those factors can affect your defence. But it will take preparation, evidence, and strong legal advocacy to persuade the court not to revoke your probation and pass a custodial sentence or collapse your conditional sentence order and remand you to serve it in jail.
Why a Breach is More Than Just a Setback:
People assume that a minor breach could be overlooked. But the reality is that a single violation can leave a mark on your record. It can influence how you’re sentenced in the future, how parole boards treat you, and whether you’re trusted with
your release again. It may also affect other areas of your life, from employment to immigration. That is why a breach allegation, no matter how small it seems, should be taken seriously.
Final Thoughts:
Probation and conditional sentence orders are opportunities to stay out of a jail, keep your job, and be with your family. But they come with strings. If you breach conditions, the system is quick to respond. If you’ve been accused of a breach or are having trouble following conditions, don’t wait. Talk to a criminal defence lawyer who will understand how Alberta’s courts approach these cases and help you to protect your freedom.
At Shim Law, we’ve helped countless clients respond to breach allegations, preserve their conditional sentence orders, and avoid being remanded into custody. If you need urgent support or legal advice, we’re here to help.
Contact our criminal defence team directly at: (825) 521-9666.
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