PROBATION PICKLIST

Table of Contents

Compulsory No Contact and No Go Complainant............................................................2

Intermittent Sentence.......................................................................................................5
Reporting..........................................................................................................................6
Residence, Curfew, E.M.P., Carry Permission.................................................................7
No Go Specific Address and Red Zone.........................................................................10
No Go and No Contact with Minors................................................................................11
Contact with Future Partners......................................................................................... 12
No Contact with People Identified by Probation Officer.................................................12
Criminal Harassment......................................................................................................13
Drugs and Alcohol..........................................................................................................13
Counselling, Treatment, Rogers Order, and Releases..................................................14
Community Work............................................................................................................17
Restitution...................................................................................................................... 18
Apology and Restorative Justice....................................................................................18
Support Dependents...................................................................................................... 18
Technology.....................................................................................................................19
Trafficking and Drug Production.....................................................................................21
Firearms and Weapons..................................................................................................22
Tools, Disguises and Colours........................................................................................ 24
Commercial Crime......................................................................................................... 25
Vehicles..........................................................................................................................25

Probation Picklist: May 1, 2017

Compulsory No Contact and No Go Complainant

TERM OF THE You must comply with the conditions of a probation order2 for
ORDER1 a term of ________.3 The conditions of the order are:

COMPULSORY 2001 You must keep the peace and be of good behaviour.
CONDITIONS4
You must appear before the court when required to do so by
the court.

You must notify the court or the probation officer ( __ days) in

advance of any change of name or address5, and promptly
notify the court or the probation officer of any change of
employment or occupation.

COMPULSORY 2002 You must have no contact or communication, directly or

NO CONTACT6 indirectly, with ____ (except with a further order of this court)7
The exceptions are as follows:8
a. through (email; text; telephone; a named third party) for
the sole purpose of ________.9
b. for the sole purpose of picking up and dropping off your
children for parenting or contact time.10
c. in accordance with a Family Court Order made by a judge
who has reviewed this order.11 You must forthwith file a
1
With respect to reading out the conditions to the offender in open court, practices vary.
The most common practice, and the one we strongly endorse is reading out the number
and the complete wording of the condition in court. Problems can arise when this does
not happen, the clerk might type verbatim what is said, which in the end might not be
enforceable. However, more importantly, if there is a discrepancy between the actual
order and what the judge said in the court, the latter will likely prevail. We were unable
to find any Canadian cases directly on point, but confirmed that in the U.S., the judge
must orally give the conditions of probation, Buhler v. Pescor, 63 F Supp 632 (DC Mo
1945), and when there is a discrepancy between conditions given orally and conditions
given in writing, the oral statements control (except in situations in which the conditions
in question are standard conditions). United States v. Delago, 397 F Supp 708 (SD NY
1974).
2
Pursuant to section 732.1(3)(h), a judge can impose any conditions he or she
considers desirable for protecting society and facilitating the offender’s successful
reintegration into the community.
3
The maximum term of a probation order under the Criminal Code is 3 years: s.
732.2(2)(b). The maximum term of a probation order under the Offence Act is 2 years:
s. 89.3.
4
The compulsory conditions of the probation order are set out in s. 732.1(2).
5
This condition is less strict than the commonly used reside condition, which requires
permission before changing addresses. In some cases, this condition will suffice. The
challenge sometimes faced by Community Corrections is that the offender will leave a
message on the weekend that they have moved, the message will often not include the
new address or telephone number and they lose track of their client. Under 18 U.S.C. §
3563(b)(17) in the U.S, 10 days-notice is required.
6
The compulsory no contact and no-go conditions came into force on September 19,
2014.
7
The drafters recommend using this wording to try and preserve the court’s jurisdiction
to amend this compulsory term in the future if there is a likelihood that changes will
need to be made.
8
Pursuant to s.732.1(2)(a.1)(ii) of the Criminal Code, reasons must be given when
permitting contact. It is important to remember that contact is the exception not the rule.
9
The advantage of text or email is that there is a written record of the communication
10
Judges can specify in the order how and where pick-ups and drop-offs will occur to
ensure safety.
2
 copy of this order in any family proceeding in which you
are a party or become a party. (You must give notice of
any Family Court application for parenting or contact time
with your children, with a copy of this order attached, to
the Director of Child Protection).12
d. during one attendance, in the company of a peace officer
for the purpose of retrieving your personal belongings.
e. through or in the immediate presence of ________ (but
only after he or she has been informed by your probation
officer of this order and your history as described in your
criminal record).13
f. you may have contact and communication with ____ but
must immediately leave (his or her) presence upon their
request (or the request of a peace officer)14. If this
happens, you must have no further contact, or
communication with ________without further order of this
court.15
g. you may have contact with ________ but must never be in
(his or her) presence if you have any alcohol, intoxicating
substance or drugs in your body16 or in your immediate
possession, except in accordance with a medical
prescription.
h. through or in the immediate presence of a lawyer who has
reviewed this order.
i. through or in the in the immediate presence of any one or
more of the following professionals after he or she has
reviewed this order: counsellor, family justice counsellor,
11
It is important that the judge making the family court order review the criminal order.
Without this requirement, the parties could obtain a consent order or file a separation
agreement permitting contact without the family court being aware of the criminal order.
12
Criminal court is sometimes the better place to deal with exceptions because the
Crown is present and is able to describe the alleged circumstances and provide input
with respect to issues surrounding risk to the victim and/or children. It can sometimes
takes weeks or months for the parties to get into family court.
13
If a named person is not available, a judge might consider permitting contact in the
presence of an unnamed third party, informed of the circumstances, for specific
purposes.
14
For a myriad of reasons, our committee which included Crown, defence counsel and
police were not supportive of this exception. The police indicated that they were
reluctant to be involved in the monitoring of this section and that is why (at the request
of a peace officer) is optional. Defence counsel also raised concerns about the police
using their power to liberally.
15
In the context of domestic violence, an order providing that an offender must leave the
presence of the victim at the victim’s request may provide a degree of safety that is
more illusory than real. This condition can be problematic due to the undue pressure on
the complainant and the vulnerability to retribution if s/he does not comply with the
demands of the offender. In some regions, the Crown policy prohibits Crown from
recommending this term. A judge should use caution in permitting exceptions to no-
contact orders. Given the compulsory nature of this condition, the drafters of this picklist
decided that the discretion to allow the person to return to the presence of the victim
should be determined by the courts.
16
The phrase “drugs in your body” is a phrase found in use in other jurisdictions. We
considered other phrases like under the influence, intoxicated, no consumption within x
hours and determined this would be easiest for the accused to understand and police to
enforce. Conditions which attempt to limit the probationer's use of alcohol are usually
hopelessly imprecise (e.g., "refrain from the excessive use of alcohol") and/or quite
unrealistic (e.g., "not to be over .08% blood-alcohol at any time". Very few persons who
need control upon their use of alcohol will be able to stop drinking at any moderate point
once they start drinking at all.)
3
 or mediator.
j. in a public place (in the presence of ________ / where
other adults are present).
k. during scheduled court appearances or case conferences
but only with a sheriff present.17

(OPTIONAL) 2003 You must not publish or publicly make available any
NO SOCIAL information respecting ________ via the internet or social
MEDIA media including Facebook, Twitter, My Space, Instagram, or
any other like service.

(OPTIONAL) 2004 You must have no contact or communication directly or

NON- indirectly with (co-accused or gang) (except:) 18
ASSOCIATION a. during scheduled court appearances;
b. through or in the immediate presence of a lawyer who has
reviewed this order.

COMPULSORY 2005 You must not go to (or be within ____ metres of) 19 (any
NO GO residence, school or workplace of ________), (a specific
address)20 (except with a further order of this court)21.
The exceptions are as follows:
a. one attendance, in the company of a peace officer for the
purpose of retrieving your personal belongings.
b. for the sole purpose of picking-up and dropping off your
children for parenting or contact time (You must remain
inside your vehicle while picking up or dropping off your
children).22
c. in accordance with a Family Court Order made by a judge
who has reviewed this order. 23 You must forthwith file a
copy of this order in any family proceeding in which you
are a party or become a party. (You must give notice of
17
This term is important if there is any possibility of family court litigation.
18
If one is prohibiting a person not to associate with a certain group or category of
people it is important to ensure that the condition is not impermissibly vague or
overbroad. In R. v. Kirton, 2007 MBCA 38
a probation term prohibiting the accused from associating or communicating directly or
indirectly with any person known to him to be a member or associate of a gang
including the Hells Angels was found to be vague and uncertain to be enforceable and
therefore unreasonable. In R. v. Shoker, 2006 SCC 44 the Court observed that a judge
could order an offender not associate with his drinking buddies to ensure better
compliance with an abstention clause and thereby facilitate the offender’s rehabilitation
and protect society.
19
Metres were chosen because blocks can be vague, and in some rural areas, blocks
do not exist.
20
Unless the complainant’s address is known to the accused, it will rarely be appropriate
to put the specific address in the order. The more generic wording also provides
flexibility in the event the complainant moves or changes jobs.
21
The drafters recommend using this wording to try and preserve the court’s jurisdiction
to amend this compulsory term in the future if there is a likelihood that changes will
need to be made.
22
Judge can specify where the pick-up or drop-off will occur. For example: You must not
enter the residence of ________ (unless you are expressly invited and then only for the
sole purpose of picking up or dropping of your child). The child shall be picked up or
dropped off at the (front entrance/curbside) of the residence. You shall not leave until
the child is safely inside the residence.
23
It is important that the judge making the family court order review the criminal order.
Without this requirement, the parties could obtain a consent order or file a separation
agreement permitting contact without the family court being aware of the criminal order.
4
 any Family Court application for parenting or contact time,
with a copy of this order attached, to the Director of Child
Protection).24
d. for the purpose of ________ on ________ between the
hours of ________.
e. in the immediate presence of ________, for the purpose
of ________ on ________ between the hours of
________.
f. you may attend but you must immediately leave the place
upon the request of ________ (or request of a peace
officer), and if that happens you must not re-attend without
further order of this Court. 25
g. while in a moving motor vehicle on your way to some other
place (for the sole purpose of ________).

Exceptions to Pursuant to s. 732.1(2)(a.1)(i) of the Criminal Code, after

No Contact reviewing the written consent of ________, the Court is not
Written Consent imposing the mandatory conditions referred to in s. 732.1(2)
(a.1).

Exceptions to Pursuant to s. 732.1(2)(a.1)(ii) of the Criminal Code, because

No Contact of the following exceptional circumstances: ________, the
Exceptional Court is not imposing the mandatory conditions referred to in
Circumstances s. 732.1(2)(a.1).

Intermittent Sentence

You are sentenced to ____ days of imprisonment.27 You must

INTERMITTENT 2006
serve this sentence intermittently from (Friday)28 at ___PM to
SENTENCE26
(Sunday) at ____PM on consecutive weeks starting
on_____________ at the _____________ (Police Station;
Correctional Centre), in _____ BC.
Probation Order29
At all times when you are not in custody on this order (and
until your jail sentence has been served in full)(for ____
months), you are on probation with the following conditions:
1. You must keep the peace and be of good behaviour.
2. You must appear before the court when required to do so
by the court.
3. You must notify the court or the probation officer in
24
The Ministry of Children and Families may or may not be involved. Notice of any
pending applications, will ensure they are aware of the situation.
25
This condition can be problematic due to the undue pressure on the complainant and
the vulnerability to retribution if s/he does not comply with the demands of the accused.
In some regions, the Crown policy prohibits Crown from recommending this term.
26
Section 732 provides for intermittent sentences and requires the offender to comply
with the mandatory conditions prescribed in the Code when not in confinement. The
maximum length is 90 days. Sections 87 and 89 of the Offence Act also provide for
intermittent sentences.
27
The maximum intermittent sentence is 90 days.
28
Traditionally intermittent sentences are served on weekends. However, most lockup
facilities will take prisoners any day of the week. Consult your local lockup to find out if
they do.
29
When the intent is that the offender serves a period of probation beyond the term of
the intermittent sentence, only one probation order is required. R. v. Winchera, 2003
ABCA 18
5
 advance of any change of name or address, and promptly
notify the court or the probation officer of any change of
employment or occupation.
4. On each occasion when a part of the intermittent jail
sentence is to be served, you must arrive at the place
where the sentence is to be served on time and in an
entirely sober condition without any alcohol, intoxicating
substance or drugs in your body except in accordance
with a medical prescription.

Reporting

REPORT30 2101 You must report in person to a probation officer at ________

by 3:00 PM today (date and time), and after that, you must
report as directed by the probation officer.31

REPORT 2102 You must report immediately in person to a probation officer

IMMEDIATELY at _________, and after that, you must report as directed by
the probation officer.

REPORT BY 2103 You must report by telephone32 to a probation officer at

PHONE (address and telephone number) by 3:00 PM today (date and
time). If the office is closed, you must try again the next
business day and continue calling until you have spoken to a
probation officer and received further direction to report. After
that, you must report as directed by the probation officer.

REPORT 2104 You must report in person to a probation officer at ________

AFTER within (two business days)33 after your release from custody,
RELEASE unless you have obtained, prior to your release, written
permission from the probation officer to report elsewhere or
within a different time frame. After that, you must report as
directed by the probation officer.

REPORT 2105 If at any time prior to the expiration of this order, you are
AFTER arrested, detained or have served a sentence for another
ARREST34 offence, you must report to the probation officer within two
30
It is not always necessary for an offender to report to a probation officer. Reporting
can be difficult for people who must rely on public transportation. It can also be difficult
for people who work, especially in locations some distance from the Community
Corrections office. A reporting condition will usually be appropriate where the accused
is a flight risk, requires monitoring by Community Corrections, or will be participating in
programs. Where the offender has strong roots in the community, is not a flight risk, or
does not need the supports and resources available through Community Corrections, a
requirement for reporting may be unnecessary.
31
“Immediate” reporting is difficult in practice, because the order cannot be prepared
immediately. Community Corrections recommends that offenders be required to report
by 3:00 PM in order to ensure there is sufficient time to conduct the intake interview
before the end of the workday.
32
Requiring offenders to report by telephone poses significant challenges in monitoring
the offender. Sometimes they call outside work hours and do not leave forwarding
numbers or do not return messages. Breaches are often difficult to prove.
33
Two business days should be sufficient time for an offender to get from the institution
to the Community Corrections Office. Black’s Law Dictionary defines a business day as
follows: A business day is considered every official working day of the week. Another
common term is working day. Typically, these are the days between and including
Monday to Friday and do not include public holidays and weekends.
34
The U.S. equivalent goes a step further, under 18 U.S.C. § 3563(b)(18), the offender
must report any questioning by police. This the term is usually reserved for high risk
offenders or recidivists.
6
 business days of your release from custody.

Residence, Curfew, E.M.P., Carry Permission

RESIDE35 2201 When first reporting to the probation officer, you must inform
him or her of your residential address36 and phone number.
CONSENT TO
You must not change your residence or phone number
CHANGE
without written permission from your probation officer.37

RESIDENCE 2203 You must reside at a residence approved in advance by the

APPROVED probation officer. You must provide your probation officer
with your phone number, and you must not change your
residence or your phone number without written permission
from your probation officer.38

RESIDE AT 2204 You must reside at _______, (with ______). You must
SPECIFIC provide your probation officer with your phone number, and
ADDRESS you must not change your residence or your phone number
without written permission from your probation officer.

OBEY RULES OF 2205 You must obey all of the rules of your residence, so long as
THE HOME they do not conflict with the terms of this order or the
directions of your probation officer. If there is a conflict, you
must tell your probation officer about the conflict
immediately.39

NOT LEAVE BC 2206 You must not leave British Columbia unless you have the
written permission of the probation officer, and you must
carry the permission when you are outside the province.

SURRENDER 2207 You must surrender all travel documents, including any
passport, Nexus card, travel visa or enhanced driver’s
TRAVEL DOCS
licence40 to a peace officer at (police station) by (time and
35
A reside term does not require the offender to spend every night at the residence. If
that is the intention, a curfew condition should be included.
36
Some Community Correction offices require daily reporting until the offender provides
an address.
37
The requirement that permission to change the residential address be sought in
advance is stricter than the compulsory condition, which only requires notice. Requiring
permission to change addresses assists probation officers to supervise offenders. The
requirement can be challenging for transient individuals.
38
When imposed, Community Corrections must assess the offender’s residence within
48 hours and consider notifying people who share common living areas with the
offender. For example, if the offender lives in an apartment building with a pool or
courtyard, other residents may be notified by showing them a photo of the offender and
advising them of the protective conditions. New residents will be notified as they move
in. “Approved residence” conditions may be appropriate for sex offenders or high risk
violent offenders. A judge might consider imposing a curfew condition, to ensure that
the offender is in the approved residence every night and not living elsewhere.
39
The "obey rules" condition results in the delegation of responsibility for supervising the
order to someone other than the probation officer, and as a result raises the possibility
of treatment facilities telling offenders to comply with rules that are inconsistent with the
conditions of the order. Some courts have considered the term too vague and
unenforceable. R. v. L.(M.J.), 1990 Carswell Alta 543 (CA); R. v. F.(P.D.), [1987] O.J.
No. 1800 (CJ). However, in R. v. E.A 2015 BCCA 463 the Court held that a condition
requiring a young person to follow house rules was not an impermissible delegation of a
judicial function, and was not impermissibly vague. In the context of a treatment facility,
the term was found to be appropriate: R. v. Thompson 2003 BCCA 183.
40
When an offender surrenders an enhanced driver’s licence, he or she can obtain a
7
 date), and thereafter you must not obtain any further travel
documents.

SURRENDER 2208 By (date and time) (immediately), you must attend (police
TRAVEL DOCS station) with a copy of this order, you must present the order
to a peace officer there, and you must accompany a peace
ACCOMPANYIN
officer to the location of all travel documents in your
G PEACE
possession, including any passport, Nexus card, travel visa
OFFICER
or enhanced driver’s licence. You must surrender all such
items to the peace officer and thereafter not obtain any
further travel documents.

CURFEW41 2209 For the duration of this order (first ___ months of this order),
you must obey a curfew by being inside your residence, (or
within 10 m of the front door of your residence) (or on the lot
of your residence)42, between the hours of ______PM and
______AM, each day (every Friday and Saturday).
You must present yourself immediately at the door to your
residence or answer the phone43 when any peace officer or
probation officer attends at your residence or calls to check
your compliance with the curfew condition of this order.
You may be away from your residence during the curfew
hours with the written permission of your probation officer.
Such permission is to be given only for compelling reasons.
You must carry the written permission when you are outside
your residence during the curfew hours. 44
You may also be away from your residence during the
curfew hours:
a. while in the course of your employment, or when
travelling directly to, or returning directly from, your place
of employment. If requested, you must provide your
probation officer with details of your employment,
including location and hours of work.45
b. in the event of a medical emergency and then only while
at a health care facility, or when traveling directly to, or
returning directly from the facility46. If requested, you must

regular driver’s licence.

41
In R v Sidhu (1998), 129 CCC (3d) 26 (BCCA) the Court concluded that home
confinement was an appropriate term of a probation order for the purpose of the
maintenance of rehabilitation. However, in R v. Singh, 2016 MBCA 38, the court held
that the curfew condition was improper because it did not serve any rehabilitative or
protective purpose. It was imposed solely for punitive purposes. Also see R. v. Bosco,
2016 BCCA 55. A curfew may be imposed even when the offence occurred in daylight
hours since it may be necessary to prevent flight, protect the community or aid in the
offender’s rehabilitation. R v. Patko 2005 BCCA 183
42
Conditions specifying a distance from the front door, or permitting presence anywhere
on a large lot, may make the order difficult to enforce.
43
Some judges include a requirement that the accused maintain/obtain a landline and
not use a call forwarding service. However, landlines are becoming quite rare and some
cannot afford nor have sufficient credit to obtain one. Even if the accused has a cell
phone the police find this term helpful. If the accused is not answering the door, they
can call the cell phone, and tell the accused to come to the door (if s/he is at home).
44
Probation officers will normally consider employment, education, religion, shopping,
appointments etc. to be compelling reasons. They do not have to be specifically listed in
this condition of the probation order.
45
This exception is usually not required because the probation officer will grant
exceptions for work but many offenders prefer that it be specifically set out in the order.
46
The term "health care facility" is used because not all communities have "emergency
wards".
8
 provide your probation officer with written confirmation
that you went to the facility, signed by a representative of
the health care facility to which you went.47
c. in the immediate presence of __________.
d. in the presence of a person approved in writing by your
probation officer. You must carry the written permission
with you when you are away from your residence during
the curfew hours.

REPORT 2210 When you first report to your probation officer, you must tell
OCCUPANTS the officer the names of all permanent and temporary
occupants of your residence and immediately tell him or her
of any change.

NO VISITORS 2211 You must have no visitors at your residence during your
curfew, except with the written permission of your probation
officer.48 You must keep a copy of the permission at your
residence.

CHANGES IN 2212 You must provide your probation officer with the particulars
EMPLOYMENT - of your employment or relationship status. You must inform
RELATIONSHIP your probation officer within two business days of any
STATUS change in your employment or relationship status.49

ELECTRONIC 2213 The curfew condition of this order will be monitored

MONITORING electronically. You must comply with all rules of the
electronic monitoring program.50
(TSR REQUIRED)

CARRY COPY 2214 You must carry a copy of this order and any written
permission from your probation officer with you at all times
when you are outside your residence. If a peace officer stops
you for any reason, you must immediately provide the peace
officer with a copy of this order and written permission
without being requested to do so (upon the request of a
peace officer).51

47
See R. v. Bourque 2013 BCCA 447 at paras 32-34; R. v. Amhaz 2013 BCCA 348 at
para 24 where the offenders were required to provide this type of information.
48
When the offender shares her residence with other people, consider permitting
exceptions for the other people, or consider omitting this condition entirely.
49
This term is more robust than the compulsory term requiring the offender to report
changes to employment. Loss of employment or the dissolution of a marriage are high
risk factors for recidivism.
50
The electronic monitoring condition must not be imposed unless a Technical
Suitability Report has been prepared in advance. Community Corrections will confirm
that both the offender and the residence are suitable for electronic monitoring. If there
are other residents, their informed consent will be obtained. In order to give effect to an
electronic monitoring condition, Community Corrections requests that the curfew,
reside, and not change residence without permission conditions also are included in the
order. Although the central monitoring agency will advise community corrections of any
breaches, and Community Corrections will try to advise the complainant as soon as
possible, if the breach occurs after-hours or on the weekend, they will not be able to do
so until the beginning of the next working day. The monitoring has GPS capabilities
which can enhance the ability of police to locate the person quickly if the bracelet has
not been removed, and Community Corrections has the ability to monitor the accused’s
location during scheduled absences.
51
A similar condition was imposed in cases like R. v. Caza, 2005 BCCA 318 (CanLII); R.
v. Caron, 2013 BCCA 475, R. v. Reyat, 2008 BCCA 291, and R. v. Sidhu, 2015 ABCA
308. The benefits include providing the offender with a quick reference to the terms of
his or her probation, reminding the offender what s/he has committed to doing, and
9
No Go Specific Address and Red Zone

NO GO SPECIFIC 2301 You must not go to (or be within ____ metres of) ________,
ADDRESS (except:)
a. while on a highway in a moving motor vehicle on your
way to some other place (for the purpose of travelling to
and from _______.)

RED ZONE 2302 1a. Boundaries: defined area

You must not be in the area of _____________, BC
bounded by _____________ on the East, _____________
Options:
on the West, _____________ on the North and
1.Boundaries _____________ on the South.
a. Defined area 1b. Boundaries: defined point
b. Defined point You must not be (north/south/east/west) of (City).
2. Banishment 2. Banishment:52
You must not be within a __ kilometre radius of ___, BC.
The exceptions are as follows:
a. with the written permission of your probation officer in
which case you must carry the written permission with
you when you are in the (prohibited area/community).
b. to attend scheduled court appearances, or appointments
with the police, your probation officer, lawyer or doctor.
You must provide your probation officer with advance
notice of your attendance within the prohibited area.
c. while in a moving motor vehicle on your way to some
other place (for the sole purpose of travelling to and from
_____).
d. one attendance, in the company of a peace officer for
the purpose of retrieving your personal belongings.
e. in the immediate presence of _______.

No Go and No Contact with Minors

NO GO PARKS 2303 You must not go to any public park, public swimming area,
OR SCHOOLS or community centre where persons under the age of ___
years are present or can reasonably be expected to be
Transcribe
present, or a daycare centre, school ground, playground.53
reasons for
Community The exceptions are:
Corrections. a. With the written permission of your probation officer. You
must carry the written permission when you are in the
prohibited area.
b. In the immediate presence of __________.

providing peace officers with information about the terms of the order and any
permission granted thereby limiting the need for lengthy interactions. Community
Corrections make wallet-sized copies of orders for most of their clients.
52
In R. v. Etifier 2009 BCCA 292, the Court canvassed the principles to apply when
considering banishment orders. This condition should be used sparingly. It is rarely
appropriate for the court to foist one community’s problem onto another. Banishment
can sometimes remove the accused from his only support network, creating bigger
problems then it was intended to solve.
53
This condition is patterned on section 161 of the Criminal Code.
10
 c. In the immediate presence of another adult, and only
after he or she has been informed by your probation
officer of this order and your history as described in your
criminal record, Pre-Sentence Report, if any, and these
Reasons for Judgment.

NO CONTACT 2304 You must have no contact or communication directly or

MINORS54 indirectly with, nor be alone in the presence of, any person
(you know to be or who reasonably appears to be) under the
Transcribe
age of ____ years.
reasons for
Community The exceptions are:
Corrections.55 a. if they are your children (names).
b. if you have the written permission of your probation
officer in which case, you must carry the permission.56
c. in the immediate presence of ______ (and only after he
or she has been informed by your probation officer of
this order and your history as described in your criminal
record, Pre-Sentence Report ,if any, and these Reasons
for Judgment).
d. with the consent of the child’s parent or guardian, but
only after the parent or guardian has reviewed this order.
e. in the course of legitimate employment, but only in the
immediate presence of an adult who has knowledge of
this order, or when contact is necessary and incidental to
the employment;
f. through or in the immediate presence of a lawyer who
has reviewed this order;
g. during scheduled court appearances but only with a
sheriff present;

ACTIVITIES WITH 2305 You must not engage in activities, volunteer work or
CHILDREN employment that could bring you in contact with persons
under the age of __ years without the written permission of
your probation officer and when so engaged, you must carry
this permission.57

ELTON HUBBS 2306 You must not date, or enter into a marriage or common-law
relationship58 that has the care or access to children under
Relationships with
54
When imposed, Community Corrections must assess the offender’s residence within
48 hours and consider notifying people who share common living areas with the
offender. For example, if the offender lives in an apartment building with a pool or
courtyard, other residents may be notified by showing them a photo of the offender and
advising them of the protective conditions. New residents will be notified as they move
in. “Approved residence” conditions may be appropriate for sex offenders or high risk
violent offenders. A judge might consider imposing a curfew condition, to ensure that
the offender is in the approved residence every night and not living elsewhere.
55
The BCCA approved an alternative wording in R. v. R.R.M., 2009 BCCA 578 (CanLII):
You must not be in the company of any person under the age of 18 years, unless you
are supervised by an adult who was previously approved in writing by your probation
officer. See also R. v. Power, 2010 BCCA 21 (CanLII).
56
When judges delegate the function of approving the third party to Community
Corrections, Corrections are not authorized to do any background checks on the party
being proposed. Without background checks, most officers are reluctant to approve
third parties. However, see R. v. S.(N.P.), 2014 BCPC 199 where the court held that the
probation officer could not refuse to accept the delegation.
57
The probation officer may not accept the delegation of this responsibility.
58
Thought was given to a broader type of relationship, like a romantic relationship, but
at the court in United States v. Reeves, 591 F.3d 77 (2d Cir. 2010), it would be too
11
children the age of ___years59 until you have identified to your
probation officer the person with whom you propose to enter
Transcribe
into such a relationship and your probation officer has
reasons for
informed that person of your history as described in your
Community
criminal record, Pre-Sentence Report, if any, and these
Corrections.
Reasons for Judgment.

Contact with Future Partners

ELTON HUBBS60 2307 You must not date, or enter into a marriage or common-law
relationship with any person, until you have identified to
Relationships with
your probation officer the person with whom you propose
adults
to live, and your probation officer has informed that person
Transcribe of your history as described in your criminal record, Pre-
reasons for Sentence Report if any, and these Reasons for Judgment.
Community
Corrections.

No Contact with People Identified by Probation Officer

NO CONTACT 2308 You must not associate or have a relationship with anyone
WITH PERSONS named by your probation officer if your probation officer
has reasonably determined the relationship or association
IDENTIFIED61
to be a risk to yourself or others or to be detrimental to your
programming, counselling, re-integration into the
community, or a risk to the protection of society.

Criminal Harassment

PROVIDE CELL 2309 You must provide the probation officer with the carrier
NUMBER AND information and phone number of any mobile device or
VEHICLE tablet that you possess, and the make, model, colour and
INFORMATION licence plate numbers of any vehicle that you drive.62

NO SOCIAL 2003 You must not publish or publicly make available any
MEDIA63 information respecting ________ via the internet or social

difficult to define.
59
A judge might consider adjusting the age, based on the circumstances of the case.
60
The wording of this condition is based on the decision in R. v. Hubbs, 1993 CanLII
1642 (BCCA).
61
The ban on associating with persons with criminal records has been criticized on the
grounds that some offenders may have family members who have criminal records or
may live in a neighborhood where most of the residents have criminal records. The term
in the picklist should be used sparingly. It was used in R. v. Bourque 2013 BCCA 447
62
This term might be considered in cases of criminal harassment.
63
An additional term to consider: You must provide your bail supervisor with your
Facebook, Twitter, Instagram, or other public media account and not change, or add
12
 media including Facebook, Twitter, My Space, Instagram,
or any other like service.

CHANGES IN 2212 You must provide your probation officer with the particulars
EMPLOYMENT - of your employment or relationship status. You must inform
RELATIONSHIP your probation officer within two business days of any
STATUS change in your employment or relationship status.64

Drugs and Alcohol

NO ALCOHOL OR 2401 You must not possess or consume alcohol, drugs or any
DRUGS other intoxicating substance65 except in accordance with a
medical prescription.66

NO ALCOHOL 2402 You must not possess or consume alcohol or any other
intoxicating substance, except while inside your residence,
Residence
or while transporting it sealed directly to your residence.
Exception
You must not be found in any public place in an intoxicated
condition.67

NO GO LIQUOR 2403 You must not enter any liquor store, beer and wine store,
OUTLETS bar, pub, lounge, nightclub, beer garden or any other
business from which minors are prohibited at any time by
the terms of a liquor licence.68

NO GO LIQUOR 2404 You must not enter any liquor store, beer and wine store,
OUTLETS bar, pub, lounge, nightclub, or beer garden. (or any other
place where the primary commodity sold is liquor)69
Alternate Wording

NO ALCOHOL OR 2405 You must not reside at any place where any other resident
DRUGS IN has illegal drugs or alcohol in his or her possession, or
RESIDENCE permit any of these items to be brought inside your
residence.70

DRUG 2406 You must not possess drug paraphernalia including but not
PARAPHERNALIA limited to pipes, rolling papers and syringes.71

accounts without notifying your bail supervisor.

64
This term is more robust than the compulsory term requiring the offender to report
changes to employment. Loss of employment or the dissolution of a marriage are high
risk factors for recidivism.
65
“Intoxicated” has been said to mean drunk to “such a marked degree that the person
is a danger to himself or others or is causing a disturbance.” R. v. Wallace 1998 CanLII
6701 (BC SC).
66
Note the consideration of abstinence clauses in R. v. Omeasoo 2013 ABPC 328 at
paras 41-44. There does not have to be alcohol involved in the predicate offence before
a court can impose an abstinence clause. The court only needs to be satisfied that the
conditions is necessary for the defined purpose of a a probation order, namely
protecting society and facilitating the offender’s successful reintegration into the
community. Also see R. v. Patrick, 2016 BCCA 232. It is often important to prohibit the
use of both alcohol and drugs. Alcohol use can trigger a recovering drug addict’s return
to drug use. Additionally, substance-dependent defendants may substitute alcohol for
their drug of choice.
67
This wording was used in R. v. Forrest (1992) CanLII 1552 (BCCA).
68
This wording was recommended in R. v. Joy 2011 BCCA 189 at para 14.
69
The language in brackets was left in because some judges still prefer it but it was
rejected by the Court of Appeal in R. v. Joy 2011 BCCA 189
70
This condition may unnecessarily restrict an offender’s ability to find suitable housing.
71
Caution is urged with this term. The imposition of this condition may result in the
person sharing things like needles and pipes, thus creating the spread of infectious
13
Counselling, Treatment, Rogers Order, and Releases

COUNSELLING 2501 You must attend, participate in and successfully complete

any intake, assessment, counselling or program73 as
Delegated to
directed by the probation officer.
Probation Officer72
Without limiting the general nature of this condition, the
intakes, assessments, counselling or programs may relate
to:
a. anger management,
b. alcohol or drug abuse,
c. spousal abuse prevention,
d. mental health,
e. sexual offence prevention, or
f. gambling addiction74.

disease, unless there is a safe injection site available.

72
Community Corrections officers are trained to determine which criminogenic factors
need to be addressed and in what priority. Risk factors can change during the
probationary period and probation officers need to be able to adjust priorities. They
prefer that judges do not specify the type of counselling required. Even though the
conditions reads ‘not limited to’ many offenders do not read it the same way and resist
their efforts to get them into more productive forms of counselling. Other times a judge
might decide to specifically limit the type of counselling. When doing so, judges need to
make sure they get it right. Some experts opine that anger management programs are
not effective for people convicted of domestic violence. Community Corrections has
developed programs specific for persons convicted of domestic violence that is different
than anger management.
73
Counselling is distinguished from treatment, and counselling does not require the
offender’s consent. See R. v. Lee, 2012 BCSC 137 (CanLII). In R. v. Proulx, 2000 SCC
5, the Supreme Court said, “ In practice however the difference [between probation
orders and conditional sentence orders] is not very significant since it is unlikely, that an
offender when faced with a choice between imprisonment and a suspended sentence
with treatment as a condition of probation would refuse to consent to treatment.”
74
If the root cause of the offending behaviour is a gambiling addiction, consideration
might be given to a condition similar to that used by U.S. courts in 18 U.S.C. § 3563(b)
(22): You must not engage in any form of gambling (including, but not limited to,
lotteries, on-line wagering, sports betting) and you must not enter any casino or other
establishment where gambling is the primary purpose (e.g., horse race tracks, off-track
betting establishments).
14
RESIDENTIAL 2502 Having consented, you must attend, participate in and
TREATMENT successfully complete any intake, assessment,
counselling, program, treatment or residential treatment
program as directed by your probation officer.75

FORENSIC 2503 Having consented, you must attend at the direction of your
SERVICES probation officer for a psychiatric intake, assessment,
counselling or treatment program through Forensic
Psychiatric Services.76

PRIVATE 2504 Having consented, you must attend participate in and

PROGRAMS AND successfully complete ________ program as directed by
TREATMENT your probation officer.
FACILITIES You must comply with all the rules of the program so long
as the rules do not conflict with this order or the directions
of your probation officer. If they do conflict, you must
advise your probation officer as soon as possible.77
When the program ends you must immediately provide
proof of your completion of the program to your probation
officer.

RELEASE INTO 2505 1. You are to be released to (a representative of the facility/

CARE OF home/named third party).
PRIVATE 2. You must report to a probation officer at the probation
FACILITY office at (address nearest to the facility/ home) either in
person or by telephone within the first business day of
your admission to the (facility/ home), and thereafter
report as directed.
3. If (a representative of the facility/ home), is unable to
attend, escort, and admit you on the date of your eligible
release, you are to be released and report forthwith to a
probation officer at ________, and thereafter as directed
(daily), until such time as the (facility/home) is able to
admit you or the court changes this order.78
4. You must reside at _____________ located at
_____________ or any other location associated with
(that facility/ home), unless you obtain the written
permission of your probation officer to reside elsewhere;
5. You must not leave the (facility/ home) unless you are in
the immediate presence of a staff member of the
(facility/home) or you have the written permission of
your probation officer. Such permission is to be given
only for compelling reasons. You must also carry the
75
Under s. 732.1(3)(g) of the Criminal Code, the offender's consent is required before
he or she may be ordered to actively participate in a treatment program, unless it is a
drug and alcohol program at a treatment facility designated by the Lieutenant Governor
in Council, under section 732.1(3)(g.1). Currently in British Columbia, there are no
treatment programs that have been approved by the Lieutenant Governor in Council.
76
Naming Forensic Psychiatric Services in the probation order will usually speed the
process of having the offender accepted for assessment or treatment.
77
If an offender asks to be ordered to attend a private treatment facility or support
recovery home which is not on Community Corrections approved list, consider including
a condition reminding the offender that he or she must ultimately follow the directions of
the probation officer where the directions conflict with the facility or house.
78
This condition is recommended to address situations where the facility is scheduled to
pick up the offender from jail but fails to show. Judges may want to consider requiring
the facility to be present at the time of sentencing and avoid this complication. A judge
cannot order an offender to be held in custody until a treatment bed becomes available:
R. v. Hopkins, 2009 ABCA 159.
15
 written permission when you are outside the (facility/
home).
6. You must abide by all rules of the (facility/ home), as
long as they do not conflict with the terms of this order. If
there is a conflict, you must tell your probation officer
about the conflict immediately.79
7. You must not possess or consume any alcohol or any
other intoxicating substance except in accordance with a
medical prescription.
8. You must attend, participate in and complete any
programs to which you are directed by the
(facility/home).
9. If you are expelled from the (facility/home) or voluntarily
remove yourself from the program without permission
being obtained in advance from your probation officer,
you must advise your probation officer forthwith. If the
probation office is closed, you must contact your
probation officer immediately when the office opens on
the next business day.

EXPULSION 2506 If you are expelled from the ________ or voluntarily

remove yourself from the program without permission
FROM PROGRAM
being obtained in advance from your probation officer, you
must advise your probation officer forthwith. If the office is
closed, you must contact your probation officer
immediately when the office opens on the next business
day.

ROGERS 2507 Having consented, you must do the following:

ORDER80 1. At the direction of your probation officer report to the
Forensic Psychiatric Services or elsewhere for any
intake, assessment, counselling or treatment.
2. Attend all scheduled appointments with your doctor,
psychiatrist and counsellor.
3. Take all medications prescribed to you.81
4. Give your doctor, psychiatrist, and counsellor a copy of
this order.
5. You must provide your probation officer with the
names, addresses, and phone numbers of your doctor,
psychiatrist, and counsellor.
6. Tell your doctor, psychiatrist, and counsellor that, if you
do not follow any terms of this order, he or she is to
inform your probation officer.
If you decide not to follow these directions, you must
immediately report to your probation officer when his or her
office is open and tell your probation officer.

79
The "obey rules" condition results in the delegation of responsibility for supervising the
order to someone other than the probation officer, and as a result raises the possibility
of treatment facilities telling offenders to comply with rules that are inconsistent with the
conditions of the probation order. In the context of a treatment facility the term was
appropriate in R. v. Thompson, 2003 BCCA 183.
80
This term has evolved from a term that was imposed in R. v. Rogers, 1990 CanLII 432
(BCCA).
81
Some judges use this term to deal with people on the methadone program.
16
RELEASE FOR 2508 1. You must sign any waiver of confidentiality or release of
COUNSELLING information forms as will enable your probation officer,
AND counsellors or treatment providers to monitor your
TREATMENT attendance, and completion of any intake, assessment,
counselling, or treatment programs, and to
collaboratively discuss your treatment needs.82
2. You must sign any release of information forms as will
enable your probation officer to monitor your
attendance and completion of any assessments,
counselling or rehabilitative programs as directed.
3. You must provide proof of your attendance and
completion of any assessments, counselling or
rehabilitative programs as directed by your probation
officer.

Community Work

COMMUNITY 2509 You must complete ______ hours84 of community work

WORK 83 under the direction of the probation officer. Your
community work service must be completed by (date).85
Completion By

COMMUNITY 2510 You must complete ______ hours of community work

WORK under the direction of the probation officer. Your
community work service must be completed at a rate of no
Hours per Month
fewer than _______ hours per month.

COMMUNITY 2511 Your community work service may be completed for the
WORK 86 benefit of ________, with the permission of your probation
officer.
For the Benefit

COMMUNITY 2512 Any hours spent receiving counselling under this order will
WORK be credited towards your community work service hours.87
Credit Counselling

82
The offender’s consent is not required. See R. v. Bennett, 2005 ABCA 119, and R. v.
Bourque, 2013 BCCA 447.
83
As a correctional strategy community work provides a way for offenders to acquire job
readiness skills and job experience or broaden their network of associates in a more
productive direction. In addition to the specific sentencing purpose to be served, the
desired by-product of community service is always to benefit the community.
84
Section 732(2.2)(f) of the Code provides that the court may order an offender to
perform up to 240 hours over a period of eighteen months. In accordance with their
policy, if more than 50 hours is ordered, probation officers will apply to the court for
consideration in the reduction in hours. Their experience is that more than 50 hours is
counter-productive to rehabilitation. Like donations in lieu of fines, donations in lieu of
community work service is also likely an impermissible term.
85
A judge might consider imposing a deadline three months before the end of the term
of probation, to allow time to deal with any breach of this condition.
86
Judges need to be careful in using this condition. Having an offender do community
service for a specific organization could be perceived the same way as what charity a
charitable donation should be made to. See PPSC Policy on Charitable Donations
87
This condition should be used cautiously. Some counselors find that it detracts from
the seriousness of the counselling, as offenders attend counselling merely to put in
time.
17
Restitution

RESTITUTION88 2513 You must pay restitution in the amount of $________ to the
Clerk of the Court for the benefit of ________, payable in
Monthly Amounts
monthly installments of $________ each, payable on the
________ day of each month starting on ______, and
continuing until such time as the restitution is paid in full.

RESTITUTION 2514 You must pay restitution in the amount of $________ to the
Clerk of the Court for the benefit of ________. Your
Due Date
restitution must be paid in full by ______.89

Apology and Restorative Justice

APOLOGY 2515 You must apologize to _____________ in the manner

directed by your probation officer and to the satisfaction of
your probation officer by ________.90

RESTORATIVE 2516 Subject to the consent of _____________, you must

JUSTICE participate in a restorative justice program at the direction of
your probation officer.

Support Dependents

SUPPORT 2517 a. You must provide adequate support for your

DEPENDENTS dependents (names); or
b. You must pay _____, $______ on the ____ of each
month for the support of your dependents (names). 91
88
Section 738 of the Criminal Code provides for stand-alone restitution orders. An ability
to pay inquiry should be conducted before ordering restitution. The ability to pay can
include a future ability to pay. An inability to pay is not an absolute bar to a stand-alone
restitution order. Section 739.1
89
A judge might consider imposing a deadline three months before the end of the term
of probation, to allow time to deal with any breach of this condition.
90
An apology condition will require an exception to the compulsory no-contact condition.
In R. v. Pine, [2002] O.J. No. 280 (ONCA), the court observed that a condition requiring
an accused to write an apology to the victim was inappropriate inasmuch as an
expression of remorse is fruitless when mandated.
91
This condition is imposed infrequently, but is provided for in section 732.1(3)(e) of the
Criminal Code. The Code does not provide any guidance on how judges are to impose
this condition. In Regina v. Hawley (1973), 15 Cr. L.Q. 258, the Ontario Court of Appeal
decided that the appellant should be placed on probation rather than in jail. The
appellant's recent employment, marriage and parenthood were important factors
influencing the court's decision. In these circumstances one of the conditions of
probation ordered by the court was that he provide for the support of his wife and child.
Such a condition may also be appropriate in cases where the offence was committed
upon the offender's spouse and precipitated a family separation. In such cases the
probationer may agree to make certain payments or the order can provide that the
probationer is to: Provide for the support of his family if so ordered by a court of
competent jurisdiction and as ordered by that court and to provide proof to the
satisfaction of the probation officer that such payments are being made. Short of an
agreement on quantum by the probationer, it is submitted that the determination of
quantum should not be attempted in the setting of a criminal court, although it may
sometimes be appropriate to specify an amount to be paid for a short period of time,
thus giving the spouse an opportunity to initiate proceedings and obtain an order in
family court. In the U.S. under 18 U.S.C. § 3563(b)(20) the courts employ the following
language: If you are ordered by a court to make child support payments or to make
18
Technology

NO 2601 You must not own, possess, or use any device capable of
INTERNET92 accessing any computer network including the internet, except
as permitted by this order.
While (owning, possessing, using) any such device pursuant
to this order:
1. You must not delete your browsing history,
2. You must not access, directly or indirectly, any social
media sites, social networks, internet discussion forum or
chat rooms, or maintain a personal profile on any such
service, including Facebook, Twitter, Tinder, Instagram,
LinkedIn or any similar service.
3. You must not communicate or attempt to communicate
with any person you know to be or who reasonably
appears or represents him or herself to be under the age
of _________ years through a social networking website,
instant messaging service, or chat room program. 93
4. Having consented, you must sign any release of
information forms as will enable your probation officer to
monitor your compliance with this term. Any information
obtained by the probation officer can be given to a peace
officer. 94
5. Having consented, you must provide the device and any
password used to lock the device to your probation officer

payments to support a person caring for a child, you must make the payments and
comply with the other terms of the order; You must meet any legal obligation to support
or make payment toward the support of any person, including any dependent child, the
co-parent or caretaker of a dependent child, or a spouse or former spouse. According to
the US legislation the purpose of this conditions is to ensure that the defendant
complies with court orders and avoids collateral consequences for not complying with
court orders such as lost driver’s license, garnishment of wages, and loan ineligibility.
The court cannot require the defendant to pay his child support obligations at a rate
different than that established by the state court, because family relations are a
traditional area of state concern. United States v. Lakatos, 241 F3d 690 (CA9 Cal
2001).
92
When imposing a term restricting the offender’s access to the internet, a judge must
balance the goals of rehabilitation and reintegration into the community, including the
online community, and the goal of protecting the community, which includes the online
community. See the discussion in Queen v. Smith et al, [2011] EWCA Crim 1772 (CA).
As Karakatsanis J. stated in R. v. K.R.J., 2016 SCC 31 at para. 54, "depriving an
offender under s. 161(1)(d) of access to the Internet is tantamount to severing that
person from an increasingly indispensable component of everyday life". Internet is used
for such commonplace activities as shopping, corresponding with friends and family,
transacting business, finding employment, banking, reading the news, watching movies,
attending classes and so on. In United States v. Peterson, 248 F3d 79 (CA2 NY 2001),
the court described it this way, “Although a defendant might use the telephone to
commit fraud, this would not justify a condition of probation that includes an absolute
bar on the use of telephones. Nor would defendant's proclivity toward pornography
justify a ban on all books, magazines, and newspapers.” Unlike the U.S., the Code does
not permit the installation of computer monitoring software, nor does Community
Corrections have access the same. This is one area in need of a legislative overhaul
identifying what is permissible. Also see R. v. Brar, 2016 ONCA 724.
93
Wording similar to R v Brar, 2016 ONCA 724
94
A somewhat similar condition was imposed in R. v. Amhaz, 2013 BCCA 348.
However, probation officers have limited resources and expertise to review internet
usage logs.
19
 or peace officer, upon their request, in order for him or her
to monitor your compliance with this order.
You are permitted to (own, possess, use) any device capable
of accessing any computer network including the internet (if:)
a. You are at a public device located at _____,
b. You are in the immediate presence of ____,
c. You are in the immediate presence of a person
approved of in writing by your probation officer.
d. You have the written permission of your probation
officer.
e. You are accessing the internet for the sole purpose of
paying bills, banking, searching or applying for
employment, searching for books at a public library, or
communicating with a government agency.
f. You are required by an employer, other than yourself,
to use a computer or other device that is owned and
controlled by the employer. The device must only be
used in the course of your employment, and with the
permission of the employer, and only after the
employer has confirmed with your probation officer that
she or he has read copy of this order.
g. It is required for purposes directly and immediately
related to your employment, not including self-
employment.

NO INTERNET 2602 You must not:

UK wording95 1. Use any device capable of accessing the internet
unless:
a. it has the capacity to retain and display the
history of the internet use; and
b. you consent to inspection of the device by your
probation officer or a peace officer.
2. Delete the history of the internet use from the device.
3. Use the internet to contact or to attempt to contact any
(person/female/male) you know to be or who
reasonably appears or represents him or herself to be
under the age of____ years (except members of your
immediate family)
4. Possess any device capable of storing digital images,
unless you consent to inspection of the storage device
by your probation officer or a peace officer.
5. Having consented, you must provide the device and
any password used to lock the device to your probation
officer or peace officer, upon their request, in order for
him or her to monitor your compliance with this order.

NO ISP 2603 You must not enter into any agreement or contract with any
95
This is the wording adopted in Queen v. Smith et al, [2011] EWCA Crim 1772 (CA).
20
CONTRACT96 internet service provider for any internet access or any form of
data plan, mobile or otherwise.

NO DATA 2604 You must not possess any device capable of storing data as
STORAGE defined in the Criminal Code, (unless):
a. You have the written permission of your probation officer.
b. You are required by an employer, other than yourself, to
use a device that is owned and controlled by the employer.
The device must only be used in the course of your
employment, and with the permission of the employer,
after the employer has confirmed with your probation
officer that she or he has read this order.

NO PORN97 2605 You must not possess any pornographic material or access
any pornographic material by electronic means.

Trafficking and Drug Production

TRAFFICKING: 2606 You must not possess or use any mobile communication
device, except you may possess one cell phone with one
One Phone
phone number, which can only be used for the purposes of
Exception
contacting your probation officer, lawyer, or for lawful
employment, or in an emergency (or ______).
You must provide your probation officer with the telephone
number and service provider, and not change either without
the written permission of the probation officer.
(Having consented), you must:
a. Sign any release of information forms as will enable your
probation officer to monitor your compliance with this term.
Any information obtained by the probation officer can be
given to a peace officer. 98
b. Provide the device and any password used to lock the
device to your probation officer or peace officer, upon their
request, in order for him or her to monitor your compliance
with this order.
c. Provide your probation officer with a copy of your monthly
cell phone bill with details of all phone and text message
activity. A peace officer may obtain a copy of these

96
When imposing a term restricting the offender’s access to the internet, a judge must
balance the goals of rehabilitation and reintegration into the community, including the
online community, and the goal of protecting the community, also including the online
community. See the discussion in Queen v. Smith et al, [2011] EWCA Crim 1772 (CA).
As Karakatsanis J. stated in R. v. K.R.J., 2016 SCC 31 at para. 54, "depriving an
offender under s. 161(1)(d) of access to the Internet is tantamount to severing that
person from an increasingly indispensable component of everyday life". Internet is used
for such commonplace activities as shopping, corresponding with friends and family,
transacting business, finding employment, banking, reading the news, watching movies,
attending classes and so on. Also see R. v. Brar, 2016 ONCA 724.
97
Prohibiting the viewing of sexually-explicit material may be necessary in some cases
as part of sex offense-specific treatment and prevent recidivism. In the U.S., The Ninth
Circuit has ruled that banning a defendant from possessing "any pornographic, sexually
oriented or sexually stimulating materials" is unconstitutionally vague.United States v.
Antelope (2005), 395 F3d 1128.
98
A somewhat similar condition was imposed in R. v. Amhaz, 2013 BCCA 348.
However, conditional sentence supervisors have limited resources and expertise to
review internet usage logs.
21
 records from your probation officer.99
d. Retain a history of and not delete your call and text usage.

NO CELL 2607 You must not possess or use a cell phone or any other device
PHONES capable of accessing any cellular or computer network
including the internet.100

TRAFFICKING: 2608 You must not be in any motor vehicle in which there is a cell
phone except if the vehicle is public transportation.101
Vehicle and
Cell

GROW 2609 a. You must not possess any marijuana seeds, metal halide
OPERATION lights, light bulbs of more than 250 watts, sodium vapor
OR METH LAB lights, ballasts, capacitors, light timers or diesel
generators.
b. You must not possess any equipment or ingredients used
in the production of methamphetamine including, but not
limited to, heating mantles, beakers, round bottom flasks,
red phosphorous, more than 3 grams of ephedrine or
pseudoephedrine, reaction flasks of a volume exceeding
500 ml, iodine crystals or tincture of iodine, muriatic acid,
ether, acetone, sodium thiosulfate, hypo phosphorous
acid, lye, drain cleaners, or lithium.

DRUG PARA- 2406 You must not possess drug paraphernalia including but not
PHERNALIA limited to pipes, rolling papers and syringes.102

Firearms and Weapons

FIREARMS AND 2610 You must not possess, either personally or through another
WEAPONS person,104 any firearm, cross-bow, prohibited weapon,
PROHIBITION103 restricted weapon, prohibited device, ammunition or
explosive substance, anything that resembles a weapon or
firearm,105 any weapon as defined in section 2 of the
Criminal Code, or any related authorizations, licences or
registration certificates.106

99
See R. v. Amhaz 2013 BCCA 348; R. v. Noble 2008 BCSC 216
100
Like blanket prohibitions on internet use, blanket prohibitions of cell phones should be
imposed with care. Additionally, allowing the offender to possess a cell phone can make
it much easier for Community Corrections to keep track of him or her.
101
This term can have an adverse impact on those who rely on others for transportation.
102
Caution is urged with this term. The imposition of this condition may result in the
person sharing things like needles and pipes, thus creating the spread of infectious
disease, unless there is a safe injection site available.
103
This condition is substantially broader than a section 109 or 110 order, but does
expire at the end of the term of the probation order. The term is more robust than the
previous term that simply referred to sections 2 and 109. The committee felt that
referring the accused to another source like the Criminal Code to interpret the section
was less than ideal.
104
Including possession through another person avoids the problem created by an
offender giving guns to a friend to hold for him.
105
Pellet guns, air guns and starter pistols are frequently made to resemble firearms,
including handguns. Many can cause significant injuries. They may be used to
intimidate victims in different criminal activities.
106
An offender who retains a physical licence may be able to purchase rifles or
shotguns. The closure of the long gun registry eliminated the requirement for vendors to
register the sale of long guns, which in turn removed the requirement to check the
validity of the licence presented.
22
Exception i. Except that you may possess a firearm or ammunition for
sustenance or employment purposes in accordance with
the following terms and conditions:
a. You are properly licenced,
b. You are sober, and
c. You possess the firearm and ammunition only when
travelling to, from or in the course of a legal hunt, or
d. You possess the firearm and ammunition only when
travelling to, from or in the course of your employment.

FIREARMS: 2611 You must not reside in any residence in which any other
person keeps or stores any firearm, cross-bow, prohibited
Not in Residence
weapon, restricted weapon, prohibited device, ammunition
or explosive substance.

SURRENDER 2613 You must immediately108 (or by 3:00 PM today) go to the

FIREARMS107 _____________ police station and present a copy of this
order for the purpose of accompanying a peace officer to
the place of all firearms, crossbows, prohibited weapons,
restricted weapons, prohibited devices, ammunition or
explosive substances and all weapons, imitation weapons
including imitation firearms possessed by you or through
another person, and to the location of any related
authorizations, licences or registration certificates, and
surrendering all such items to that peace officer.109

SURRENDER 2614 Immediately, upon your release from custody you must
FIREARMS telephone the ________ police station and speak to a
peace officer. You must tell the officer about this order and
Upon Release
From Custody make arrangements to surrender all firearms, crossbows,
prohibited weapons, restricted weapons, prohibited
devices, ammunition or explosive substances and all
weapons, imitation weapons including imitation firearms
possessed by you or through another person, and any
related authorizations, licences or registration certificates.
You must surrender all of these items in the manner
directed by the peace officer.

FIREARMS 2615 Within 90 days you can transfer legal ownership in the
firearms, cross bows, restricted weapons, and ammunition
Transfer
to individuals or businesses possessing the necessary
licences, authorizations and registration certificates and
who are not otherwise prohibited from possessing the
items. If you do not transfer legal ownership of the items
within 90 days of the entry of this order or the legal
transferees of the items do not take possession of the items
within 90 days of the entry of this order, the items are
forfeited to Her Majesty.

KNIVES 2616 You must not possess any knife, except for the immediate
preparation or eating of food, or for purposes directly and

107
Section 115 of the Criminal Code provides that everything in the offender’s
possession the possession of which is prohibited by an order be forfeited to Her
Majesty, unless the prohibition order states otherwise.
108
Immediate attendance at the police station reduces the risk of the offender accessing
the firearms. Requiring the offender to arrange with the police eliminates the risk
created when an offender approaches a police station in possession of firearms.
109
Judges should remind the accused not to attend the police station with any of these
items until the accused has been directed to do so by a peace officer.
23
 immediately related to your employment.

Tools, Disguises and Colours

BREAK IN 261 You must not possess any tools or instruments capable of use
TOOLS 7 for criminal activity, including (pry bars, screwdrivers, bump keys,
bolt cutters, pliers, blow torches, grinders night vision goggles,
slim jims, lock picks) (except:)
a. while on your property;
b. for the purposes of employment and then only when
immediately engaged in work or traveling directly to and from
your place of employment. You must provide your probation
officer with the particulars of your location and hours of
employment if requested to do so;
c. with the written permission of the probation officer, in which
case you must carry the permission.

KEYS 261 You must not possess any keys except for vehicles or premises
8 of which you are lawfully entitled to possession.

ROBBERY: 262 You must not use or possess anything intended to allow you to
8 mask or disguise your face, including a facemask or balaclava.110
No Masks

ARSON: 262 You must not possess any incendiary device, flammable product
9 or explosive substance. This prohibition includes, but is not
No Incendiary
limited to, lighters, matches, jerry cans, fire accelerant and
Devices
fireworks, except with the written permission of your probation
officer. If you are granted permission, you must carry a copy of
the permission when you possess any of these items outside
your residence.

MISCHIEF: 263 You must not possess any paint, dye, (acid112), paintbrushes,
0 spray paint cans, or large marking pens outside your residence,
Writing and
except with the written permission of your probation officer. If you
Marking
are granted permission, you must carry a copy of the written
Implements111
permission with you when you possess any of these items
outside your residence.

GANG 263 You must not wear, own, possess or display any clothing, jewelry
COLOURS 1 or any other property of any kind with the names, logos or
insignias of (name of gangs) including any of the above that
display support for (name of gangs).
You must cover all tattoos displaying the names, logos or
insignias of (name of gangs) when you are outside your
residence, so that they are not visible.

110
See, for example, R. v. Bourque, 2013 BCCA 447 at para 42.
111
One might also consider a no-go except while in moving motor vehicle or no loitering
at places that graffiti artists frequent like certain neighbourhoods, bridges, or highway
overpasses.
112
Acid can be used for graffiti on glass.
24
Commercial Crime

CREDIT CARDS 2619 You must not possess any identification documents,
AND including credit cards, debit cards, cheques, negotiable
IDENTIFICATION instruments, driver’s licences, birth certificates, social
insurance cards, mail, invoices, or bills other than ones in
your own name, except in the following circumstances: 113
a. items in the name of ________; or members of your
immediate family.
b. for purposes immediately and directly related to your
employment.

ACCOUNT 2620 You must not possess any account information, credit or
INFORMATION debit card data or any electronic storage medium,
AND including any credit or identification card with a data strip
ELECTRONIC or security chip, that contains personal information, with
DATA the exception of your own account information or data,
(except in the following circumstances):114
a. items in the name of _________; or
b. for purposes immediately and directly related to your
employment.

INFORM 2621 Before seeking, obtaining, or continuing any employment,

EMPLOYER or becoming a volunteer in any capacity, that involves
having authority over the real property, money or valuable
security of another person or corporation, you must
inform the employer or the organization about this
conviction.115

NO WORKING IN 2622 You must not work in any capacity that requires you to
PRIVATE enter another person’s private residence unless you have
RESIDENCE the written permission of your probation officer. You must
carry the permission while engaged in such work.

NO PAWNING 2632 You must not sell anything to a pawn broker, nor give
anything to a pawnbroker for money borrowed.

Vehicles

NOT TO BE IN 2623 You must not occupy the driver’s seat of any motor
DRIVERS SEAT vehicle. You must provide a copy of this order to any
peace officer who asks to see your driver’s licence.

NO DRIVING 2624 You must not occupy the driver’s seat of any motor
EXCEPT FOR vehicle except:
WORK a. for the purposes of employment and then only when
immediately engaged in your employment or traveling
directly to or from your place of employment. If
requested, you must provide your probation officer
with the particulars of your employment including the
location and hours.
b. in the event of a medical emergency and then only
113
Specify the name, if the offender has used different names in the past.
114
Specify the name, if the offender has used different names in the past.
115
This condition should be used sparingly, but may be necessary in cases of theft from
employer. See, for example, R. v. Burkart, 2006 BCCA 446 at para 23. It may form part
of a separate prohibition order: s. 380.2(1) of the Criminal Code.
25
 when traveling directly to, or returning directly from a
health care facility116. If requested, you must provide
your probation officer with written confirmation that
you went to the health care facility, signed by a
representative of the health care facility you went to.117
(Continued)
You must immediately provide a copy of this order to any
peace officer who asks to see your driver’s licence.118

ALCOHOL 2625 1. Having consented,119 you must not operate any motor
IGNITION vehicle unless it is equipped with an Alcohol Ignition
INTERLOCK Interlock device approved by the province of BC.
2. You must provide the probation officer with written
proof of the installation of the device on any private
motor vehicle you use no later than _____________.
3. You must ensure that the device is in working order
and you must have it monitored, inspected and
maintained in accordance with the manufacturer’s
recommendations.
4. Within three days after each inspection or
maintenance of the device, you must provide the
probation officer with any report or documentation
produced after the inspection or maintenance.
5. You are permitted to operate a motor vehicle that is
not equipped with an Alcohol Ignition Interlock device
only for purposes directly related to your employment
and while in the course of your employment.
6. You must provide the probation officer with written
proof of your employment and the make, model and
licence plate number of any vehicles directly related to
your employment that you will be operating.
7. You must provide a copy of this order to any peace
officer who asks to see your driver’s licence.

116
The term "health care facility" is used because not all communities have "emergency
wards".
117
See R. v. Bourque, 2013 BCCA 447 at paras 32-34.
118
In R v Schroeder, 2010 ONSC 1654 a similar condition was imposed.
119
Section 732.1(3)(g.2) requires the offender’s consent before imposing this condition .
____________________________________________________________________________________

26
NOT BE IN 2626 You must not enter any motor vehicle, other than public
VEHICLE transportation, unless the registered owner of the vehicle
WITHOUT is present in the vehicle or you have in your immediate
REGISTER possession the written permission of the registered owner
OWNER or your employer to be in the vehicle.
You must provide a copy of this order and written
permission to any peace officer who stops a vehicle that
you are in.

NO GO PARKING 2627 You must not loiter in any parkade, parking lot, motor
LOTS vehicle dealership lot, or property where the primary
business is the repair of motor vehicles.

ADULT PROBATION
Pursuant to section 732.1(3)(h) a judge can impose any probation condition s/he
considers desirable for protecting society and facilitating the offender’s successful
reintegration into the community.

The purpose of a probation order Is explained in R. v. Proulx, 2000 SCC 5 at para. 32:

Probation has traditionally been viewed as a rehabilitative sentencing tool.

Recently, the rehabilitative nature of the probation order was explained by the

Saskatchewan Court of Appeal in R. v. Taylor (1997), 122 C.C.C. (3d) 376 (Sask.
C.A.). Bayda C.J.S. wrote, at p. 394:

Apart from the wording of the provision, the innate character of a

probation order is such that it seeks to influence the future
behaviour of the offender. More specifically, it seeks to secure "the
good conduct" of the offender and to deter him from committing the
same or other offences. It does not particularly seek to reflect the
seriousness of the offence or the offender's degree of culpability.
Nor does it particularly seek to fill the need for denunciation of the
offence or the general deterrence of others to commit the same or
other offences. Depending upon the specific conditions of the order
there may well be a punitive aspect to a probation order but
punishment is not the dominant or an inherent purpose. It is
perhaps not even a secondary purpose but is more in the nature of
a consequence of an offender's compliance with one or more of the
specific conditions with which he or she may find it hard to comply.
[Emphasis in original.]

In R v Bosco, 2016 BCCA 55, the court made the following observation at paragraph
55:
[W]hen a probation order is made its conditions need not be limited to
rehabilitative objectives and may have deterrent and denunciatory effects
which are punitive: Voong at paras. 37-43. However, such conditions can
only be imposed if there is a nexus between the condition and the
offender, the protection of the community and the offender's reintegration
into the community. While a condition may serve one or both goals of
protecting society and facilitating reintegration, if imposed solely to punish
the offender it will lack the requisite nexus. Without the requisite nexus, a
probation condition, punitive or otherwise, cannot be imposed lawfully.
This picklist was prepared in consultation with the various criminal justice system
stakeholders.
There is no obligation to use the conditions set out in this picklist. Instead, judges can
create their own conditions. Judicial creativity in sentencing is encouraged, including
creativity in probationary conditions. However the power to impose conditions cannot be
construed as unlimited and absolute. The conditions should be:

27
a) necessary;
b) clear and unambiguous;
c) properly delegated;
d) not in contravention of the provincial/federal legislation including the Charter;
e) enforceable; and
f) for the purpose of protecting society and facilitating the offender’s successful
reintegration into the community.

28