Legal Question in Criminal Law in Canada

Re: no contact orders

In releasing a person from custody, Police officers may ask that individual to sign an undertaking with conditions. A condition may include a no-contact order with a "victim, witness or other person." However, you can apply immediately to the court for a review of that condition. The undertaking you signed says this:

"I understand that I am not required to give an undertaking to abide by the conditions specified above, but that if I do not, I may be kept in custody and brought before a justice so that the prosecutor may be given a reasonable opportunity to show cause why I should not be released on giving an undertaking without conditions.

"I understand that if I give an undertaking to abide by the conditions specified above, then I may apply, at any time before I appear, or when I appear, before a justice pursuant to (a promise to appear or a recognizance entered into before an officer in charge or another peace officer), to have this undertaking vacated or varied and that my application will be considered as if I were before a justice pursuant to section 515 of the Criminal Code.

I also understand that this undertaking remains in effect until it is vacated or varied."

It is probably best to have a local lawyer to assist you.

For technical discussion of this issue see my article "Police Officer Release Conditions Revisited" at "www.golishlaw.com/comment/2008-01.htm"