Legal Question in Criminal Law in Canada
is probation canada wide or provical? ex:I am not allowed to leave nova scotia but i did can i be prosicuted in the province i am in now
1 Answer from Attorneys
The terms of your probation apply irrespective of where you are. One of the terms, which is mandatory, is that you keep the peace and be of good behaviour. This means you could be guilty of the offence for an act outside of Canada.
If you you are required to report to a probation officer, you can have the probation transferred to a different province.
If you are required to remain in the province and you leave the province, it becomes a continuing offence and you can be prosecuted in any place in Canada where you are arrested or charged.
It is still possible to raise a defence regarding the making of the order, but you should talk to a lawyer. You may also go back to a court in Nova Scotia, if circumstances change, to request that a condition be changed or a probation term be shortened.
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