How Do I Change My Release Conditions?

You can ask the Prosecutor to agree to change an undertaking. Otherwise, you can have a judge review your release. You must have a good reason and be able to show a change in circumstances.

If you have been released by police on an undertaking with conditions, you can try to get the agreement of the Prosecutor to change the conditions. If they agree in writing, conditions can be changed. If they do not agree, you can ask for a bail hearing and have a judge decide. You must be able to show that the conditions are unreasonable or unnecessary. Whether or not the judge agrees to change anything, at the end of the hearing, your undertaking will be replaced with a release order.

If you have had a bail hearing and been released on conditions (release order) by a judge, you can ask for a review of that decision, including any conditions. A judge can only change the order if you are able to show that there is new evidence that changes the circumstances of the case or that the original judge made an error of law or a completely unreasonable decision.

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Department of Justice Canada

PLEA gratefully acknowledges funding from the Department of Justice Canada for the development and printing of this resource.

Cree Nisga'a Clothing

The beautiful original artwork in this resource was created by Cree artist Linda Lavallee, owner of Cree Nisga’a Clothing.