An undertaking is a form of release in which the accused signs a document promising to attend court and comply with specified conditions. Unlike a recognizance, an undertaking does not involve a pledge of money and is not entered before a justice — it is signed by the accused alone, typically at the police station after being charged.
Under the bail reform provisions of Bill C-75 (in force since 2019), the police are required to release an accused at the earliest reasonable opportunity, using the least restrictive form of release necessary. For many offences, this means release on an undertaking with conditions rather than detention for a bail hearing. Common undertaking conditions include attending court on a specified date, reporting to the police, not possessing weapons, and — in domestic assault cases — not contacting the complainant.
An undertaking is a court order, and breaching any condition is a criminal offence under section 145 of the Criminal Code. If the accused fails to comply with an undertaking, they can be arrested and will likely face a bail hearing where the Crown argues for more restrictive release conditions or detention. Defence lawyers advise clients to comply strictly with every undertaking condition and to seek a formal variation through the court if any condition is impractical.