Legal Question in Criminal Law in Canada

I was arrested and released in the same night with a a bail condition.. Me and my partner are not allowed to have any communication now..Can this bail be changed since we have a baby together and I want life to be normal again? I never had any criminal charges and now with this problem I ended up been charged with weapon assault,dangerous assault and death threats.Do you think I will be in jail for this matter?There was no harm,and no destruction inside the house or anything like that.Please help me,I'm so worried I can go to jail :( Also,if the bail can be changed how long does this process takes?

Thank you so much!!


Asked on 3/08/13, 11:21 am

1 Answer from Attorneys
Kenneth Golish Golish, Kenneth W.

This domestic violence scenario is quite common and in Canada the expected outcome is fairly predictable. If you do not have a criminal record and there was no physical harm, it is probable no jail would follow upon a guilty plea or finding of guilt.

As for an interim application to vary the conditions that the police set, you have a right to apply. Prosecutors do not typically consent to a variation, even though upon a plea of guilty they would normally not object to the parties being able to continue their relationship. The success of such an application would depend on a number of factors. In theory and sometimes in practice such an application could be heard very quickly.

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Answered on 3/08/13, 1:59 pm


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