Police Undertakings

Understanding Criminal Undertakings in Ontario, Canada: Your Rights and Responsibilities

In Ontario, Canada, a criminal court Undertaking (Form 10) is a significant legal tool used by the police. Its purpose is to compel accused individuals to attend court proceedings and abide by specific conditions while their case is pending before the courts. This article aims to demystify this often complex topic, breaking it down into plain language. We'll discuss what a Form 10 Undertaking is, the consequences of breaching it, and the typical conditions attached to it.

What Is a Form 10 Undertaking?

A Form 10 Undertaking is a legally binding agreement. It is typically provided to accused individuals by the police, either at the scene of a crime, at their home, in a police car, or at the police station. You'll recognize it as it has the words "UNDERTAKING / PROMESSE" at the top center in bold. PROMESSE is the French term for a legally binding promise to adhere to the specified conditions.

This form serves as an alternative to being held for a bail hearing, where the goal is to obtain a Form 11 Release Order. If unsuccessful, individuals may have to remain in jail until their case is resolved, either through withdrawal or sentencing if found guilty.

Breaching a Form 10 Undertaking

Agreeing to abide by the conditions of an undertaking is a serious matter. If you're found to be breaching the terms, you can be charged with the criminal offense of "fail to comply," commonly known as a breach of undertaking. Given that many undertakings have several conditions, it's not uncommon for individuals to be charged with multiple breaches for a single incident.

These charges of breach of undertaking are frequently used in the negotiation process when working towards an agreement for a guilty plea with the prosecutor.

Typical Conditions of a Form 10 Undertaking

The conditions of a criminal undertaking usually relate to the specifics of the alleged crime and are designed to prevent further incidents while the accused is awaiting trial in the community. Here are some common conditions you might encounter:

• Avoid Drugs or Alcohol: If drugs or alcohol were involved in the alleged crime, you may be prohibited from using them during your undertaking. However, this condition isn't typically applied if there's no evidence of substance abuse related to the offense.

• Avoid Specific Places: Undertakings often prevent you from entering places where alcohol is the primary product sold, such as bars or clubs. If you're found in such locations while under this condition, it can lead to a breach.

• Avoid Contact with Specific People: You might be forbidden from having direct or indirect contact with a particular person, often the alleged victim of the offense. Sometimes, this comes with an exception for communication through legal counsel.

• Avoid Persons with Criminal Records: In some cases, you may be required to avoid contact with individuals who have criminal records.

• Stay within the Province of Ontario: Undertakings may restrict you from leaving the province, primarily to ensure your availability for court appearances. However, it can be varied for valid reasons, such as employment opportunities.

• Curfews: Curfew clauses, common for youth offenders, may also be applied to adults. These are typically modified for work-related reasons.

• Attend Court and Legal Procedures: You'll be required to attend court on specific dates and times and may need to provide fingerprints and photographs if directed.

Conclusion

Criminal undertakings are crucial components of many legal cases, and understanding your rights and responsibilities when under one is essential. Breaches of these undertakings can lead to significant legal consequences. Each case is unique, requiring careful consideration of the specific circumstances.

If you're facing challenges related to a criminal undertaking or have questions about your situation, our legal team at Gur Legal is here to provide guidance and representation. Contact us at (647) 562 3873 to discuss your case.

Disclaimer: This article provides general information and should not be considered legal advice. Laws and regulations may change over time, and individual situations may vary. For legal advice tailored to your circumstances, please consult a qualified legal professional.