Keeping Up Is Hard to Do:
A Trial Judge’s Reading Blog

OFFENCES-BREACH OF PROBATION

R. v. Fox, 2023 BCCA 198, May 15, 2023, at paragraph 42:

Section 733.1 of the Criminal Code makes it an offence to fail or refuse to comply with a probation order without reasonable excuse. To sustain a conviction for this offence, the Crown must prove:

First, that the accused did not do what the probation order required of them (the actus reus);

Second, that the accused knew of the circumstances requiring them to comply with the order (or were wilfully blind to them), and failed to comply despite that knowledge, or, recklessly failed to act according to the conditions of the order (the mens rea).