Does a probationer have to be given a fair warning of what conduct will result in a violation of the probation conditions?

Alberta, Canada


The following excerpt is from R. v. Lofstrom, 2016 ABPC 197 (CanLII):

In response to the Accused’s position in Giegler, Robert J. states: Although a probationer is entitled to notice of what conduct will result in a probation violation, so that he or she can conform his or her conduct accordingly, “fair warning is not to be confused with the fullest, or most pertinacious, warning imaginable. Conditions of probation do not have to be cast in letters six feet high, or describe every possible permutation, or to spell out every last, self-evident detail.” United States v. Gallo, 20 F.3d 7, 12 (1st Cir. 1994). [at p 6]

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