Criminal Code, section 145(4)

Breach of an undertaking

What the law says

Maximum
2 years
Mandatory minimum
No mandatory minimum
Kind of offence
Other
Prosecuted
By indictment or summary conviction

Read the statute on the Justice Laws website

9 cases with this offence

  1. November 28, 2025
    R. v. J.T.P., 2025 NSSC 381Distributing child sexual abuse material; Possessing child sexual abuse material; Luring a child; Breach of an undertaking; Agreement or arrangement to commit a sexual offence against a child; Failure to comply with a prohibition order (s. 161), Kentville. Justice Gail L. Gatchalian
    • Below the Crown's ask
    • On release at the time
    10 years in custody (global, after totality), less 1,536 days remand credit
  2. May 14, 2024
    R. v. MacInnis, 2024 NSSC 143Arson causing damage to property; Breach of an undertaking; Mischief to other property, Balls Creek. Justice James L. Chipman
    24 months in a federal institution for arson (30 days concurrent on the other counts), then 36 months probation
  3. February 22, 2024
    R. v. B.C., 2024 NSPC 34Luring a child; Breach of an undertaking; Obtaining sexual services for consideration from a person under 18; Obtaining sexual services for consideration, Kentville. Judge Ronda van der Hoek
    • Below the Crown's ask
    • On release at the time
    30 months incarceration in total, deemed served by remand credit (993 days at 1.5:1 plus Duncan credit); fines of $1,000 and $2,000 on the adult solicitation counts
  4. November 30, 2022
    R. v. Wilson, 2022 NSPC 43Unauthorized possession of a firearm; Impaired operation of a conveyance; Failure to stop after an accident; Break and enter a place other than a dwelling-house; Failure to attend court; Breach of an undertaking; Possession of a controlled substance; Possession of a Schedule I or II substance for the purpose of trafficking; Contravention of firearm storage regulations; Disguise with intent to commit an indictable offence; Possession of break-in instruments, Pictou. Judge Del W. Atwood
    • On release at the time
    5 years imprisonment less 6 months remand credit (54 months to serve); $1,500 in fines, driving prohibition, restitution, DNA and s. 109 orders, forfeiture
  5. August 4, 2022
    R. v. Joyce, 2022 NSPC 40Breach of an undertaking; Breach of a release order; Possession of a controlled substance; Possession of a Schedule I or II substance for the purpose of trafficking; Possession of a weapon contrary to a prohibition order, Pictou. Judge Del W. Atwood
    • On release at the time
    Two years' imprisonment less 26 days' remand credit (704 days to serve); 30 days concurrent on remaining counts
  6. March 23, 2022
    R. v. MacKinnon, 2022 NSPC 12Possession of property obtained by crime $5,000 or under; Breach of an undertaking; Possession of a Schedule I or II substance for the purpose of trafficking, New Waterford. Judge Shane Russell
    4 ½ years for possession of cocaine for trafficking, 6 months concurrent for possession of proceeds, 1 day served for breach of undertaking
  7. March 4, 2022
    R. v. K.M., 2022 BCSC 360Making child sexual abuse material; Breach of an undertaking; Voyeurism, Kamloops. Justice Sheri A. Donegan
    30 months' imprisonment (making child pornography), with 6 months on each of voyeurism and breach of undertaking, all concurrent
  8. November 15, 2021
    R. v. Armstrong, 2021 BCSC 2377Assault; Assault with a weapon; Aggravated assault; Uttering threats to cause death or bodily harm; Forcible confinement; Break and enter a dwelling-house; Mischief over $5,000; Breach of an undertaking, Comox. Justice Anthony Saunders
    • Below the Crown's ask
    • On release at the time
    8 years in prison less 965 days credit (5 years, 128 days remaining)
  9. September 10, 2021
    R. v. Morrison, 2021 NSPC 39Breach of an undertaking, Pictou. Judge Del W. Atwood
    Absolute discharge

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