How quickly must a bail hearing take place?

Section 503 requires that a person held in custody be brought before a justice within twenty-four hours, or as soon as possible where a justice is not available within that period. The hearing itself may be adjourned, but only for up to three clear days without the accused's consent.

What does a surety actually do?

A surety supervises the accused in the community, ensures compliance with conditions, and pledges a sum of money that can be forfeited if the accused breaches. A surety is not required to deposit money in most cases, but must satisfy the court that they can afford the amount pledged and can realistically supervise.

What happens if bail is denied?

Detention is not necessarily the end of the matter. A bail review under section 520 can be brought in the superior court, and section 525 requires an automatic detention review after ninety days for indictable offences. A material change in circumstances, such as a new surety or a new treatment placement, can also support a fresh application.

Procedural & Post-Conviction

Bail Hearing Lawyer in Canada

A bail hearing lawyer acts in proceedings governed by Criminal Code, Part XVI, ss. 515 to 525, and Charter s. 11(e). This page sets out what the proceeding involves, the legal test that applies, the outcomes a court can order and how counsel can help, then lists criminal defence firms you can contact.

Criminal Code, Part XVI, ss. 515 to 525, and Charter s. 11(e)·Criminal procedure

What Bail Hearings involve in Canadian criminal procedure

A bail hearing, formally a judicial interim release hearing under section 515 of the Criminal Code, determines whether an accused is released pending trial and on what conditions. Section 11(e) of the Charter guarantees the right not to be denied reasonable bail without just cause, and the Supreme Court in R. v. Antic confirmed that release on the least onerous form of bail is the default.

The Crown ordinarily bears the onus of showing why detention is justified. Detention can be ordered only on one or more of the three grounds in section 515(10): the primary ground, to ensure attendance in court; the secondary ground, for the protection or safety of the public; and the tertiary ground, to maintain confidence in the administration of justice.

For the offences listed in section 515(6), including many drug trafficking and firearms allegations and offences committed while already on release, the onus reverses and the accused must show cause why detention is not justified. Reverse-onus hearings require careful preparation of a release plan and, frequently, a surety.

The legal test

Whether the Crown or the accused bears the onus under section 515(6)
The primary ground: risk that the accused will not attend court
The secondary ground: substantial likelihood of further offences or interference with the administration of justice
The tertiary ground: whether detention is necessary to maintain confidence in the administration of justice
Whether a proposed plan of release, including sureties and conditions, addresses the identified risks

Possible outcomes

Detention in custody until trial, which frequently takes many months
Release on an undertaking or a recognizance with conditions such as curfews and non-association terms
A surety obligation, which places a named person financially at risk
A house arrest condition requiring the accused to remain at a residence except in defined circumstances
A charge under section 145 for failing to comply with a release condition

How counsel can help

A detailed release plan identifying residence, employment, treatment and supervision
One or more suitable sureties prepared to supervise and to pledge an amount they can afford
Arguing the ladder principle from R. v. Antic, that the least onerous form of release must be considered first
Challenging the strength of the Crown case as it bears on the secondary and tertiary grounds
Proposing conditions tailored to the specific risk rather than a standard package
Where the accused was arrested without a warrant, testing the lawfulness of the arrest and detention

Bail hearing lawyer: frequently asked questions

How quickly must a bail hearing take place?: Section 503 requires that a person held in custody be brought before a justice within twenty-four hours, or as soon as possible where a justice is not available within that period. The hearing itself may be adjourned, but only for up to three clear days without the accused's consent.
What does a surety actually do?: A surety supervises the accused in the community, ensures compliance with conditions, and pledges a sum of money that can be forfeited if the accused breaches. A surety is not required to deposit money in most cases, but must satisfy the court that they can afford the amount pledged and can realistically supervise.
What happens if bail is denied?: Detention is not necessarily the end of the matter. A bail review under section 520 can be brought in the superior court, and section 525 requires an automatic detention review after ninety days for indictable offences. A material change in circumstances, such as a new surety or a new treatment placement, can also support a fresh application.