How many times can I apply for bail?

There is no fixed limit, but a court will not entertain a repeat application on the same material. A further application requires a material change in circumstances, or the application must proceed as a section 520 review before a superior court judge on the basis of an error in the original decision.

How long does a bail review take to schedule?

A transcript of the original hearing is usually required, and preparing it plus obtaining a hearing date typically takes several weeks. Where the change in circumstances is urgent, counsel can ask for expedited transcripts and an early date.

Can the Crown apply to revoke my bail?

Yes. Section 521 allows the Crown to seek review of a release order, and a separate revocation route exists under section 524 where the accused is alleged to have breached conditions or committed a new offence while on release.

Procedural & Post-Conviction

Bail Review Lawyer in Canada

A bail review lawyer acts in proceedings governed by Criminal Code, ss. 520, 521 and 525. 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, ss. 520, 521 and 525·Criminal procedure

What Bail Reviews involve in Canadian criminal procedure

A bail review is an application to a judge of the superior court to vary or set aside a release or detention order made at the original hearing. Section 520 gives the right to the accused and section 521 gives a corresponding right to the Crown.

A bail review is not a fresh hearing. Following R. v. St-Cloud, the applicant must show either an error of law in the original decision, a material change in circumstances since the hearing, or that the decision was clearly inappropriate on the evidence. Simply disagreeing with the outcome is not enough.

Section 525 provides a separate route: where an accused remains in custody on an indictable offence, the institution must apply for a detention review after ninety days. That review focuses in part on whether the case is progressing with reasonable speed and on any unreasonable delay attributable to the Crown.

The legal test

Standing to bring the review under section 520 or section 521
An error of law, a material change in circumstances, or a clearly inappropriate decision
A transcript of the original bail hearing, which is normally required
Fresh evidence such as a new surety, a treatment placement or a change in the Crown case
Whether the section 515(10) grounds continue to justify the existing order

Possible outcomes

Continued detention where the review is dismissed
Release on varied conditions, which may be more or less onerous than those originally imposed
Revocation of an existing release on a Crown review under section 521
A costs consequence in time, since transcripts and scheduling can take several weeks
Practical prejudice from continued custody, including loss of employment and housing

How counsel can help

Identifying a specific legal error in the justice's reasons on the section 515(10) grounds
Presenting a genuinely new and material change, such as an additional surety or a residential treatment bed
Demonstrating that the Crown case has materially weakened since the original hearing
Relying on the passage of time and delay in the prosecution as a change in circumstances
Proposing a substantially different and more robust plan of release
Using the section 525 review to press for a firm trial date as well as release

Bail review lawyer: frequently asked questions

How many times can I apply for bail?: There is no fixed limit, but a court will not entertain a repeat application on the same material. A further application requires a material change in circumstances, or the application must proceed as a section 520 review before a superior court judge on the basis of an error in the original decision.
How long does a bail review take to schedule?: A transcript of the original hearing is usually required, and preparing it plus obtaining a hearing date typically takes several weeks. Where the change in circumstances is urgent, counsel can ask for expedited transcripts and an early date.
Can the Crown apply to revoke my bail?: Yes. Section 521 allows the Crown to seek review of a release order, and a separate revocation route exists under section 524 where the accused is alleged to have breached conditions or committed a new offence while on release.