Enforcement

Enforcement of release conditions is the responsibility of the TBP program in both criminal and immigration releases.

When it is believed that an individual has failed or refused to comply without lawful excuse with their release conditions, a charge of Wilful Failure to Comply may be laid in the criminal domain and in the immigration context, a re-arrest by CBSA.

In the criminal context, sufficient evidence must be available and provided to enable a court to establish a violation that is both wilful and provable according to laws of evidence. Enforcement may take the form of a separate charge, pursuant to S.145 (5) Criminal Code of Canada.

Any decisions reached as a result of the above consideration shall be documented.

The TBP shall provide whatever co-operation the court deems necessary to assist in the disposition of such matters and shall provide whatever available information is required.

In the immigration context, a failure to comply may result in re-arrest by CBSA and detention.