Bail in Canada: How does it work?

Bail is the temporary release of an accused person from custody with conditions imposed by the court to ensure their attendance at trial and to protect the public. If granted bail, the accused must follow these conditions, and failure to do so can result in re-arrest and additional legal consequences.

The Bail Process in Canada

1. Arrest and Detention

When a person is arrested, they may be released immediately by the police with a promise to appear in court. However, in more serious cases, the police may decide to hold the accused in custody and bring them before a judge or a justice of the peace for a bail hearing.

2. Bail Hearing

A bail hearing must occur within 24 hours of the arrest (or as soon as possible). At this hearing, the Crown prosecutor presents arguments on whether the accused should be released or detained. The accused (or their lawyer) have the opportunity to argue for release. Often times, if the accused has a bail plan that addresses the Crown prosecutor’s concerns, the bail can be consented to by the Crown, avoiding the need for a contested bail hearing. 

3. Factors Considered in Granting Bail

The judge or justice of the peace will consider several factors when deciding whether to grant bail:

• The seriousness of the charges – More severe crimes make it less likely that bail will be granted.

• The accused’s criminal record – A history of failing to appear in court or previous convictions can affect bail decisions.

• The likelihood of reoffending – If the accused poses a threat to public safety, bail may be denied.

• The strength of the prosecution’s case – If there is strong evidence, bail may be more difficult to obtain.

• Community ties and stability – Employment, family, and residence status can influence the decision.

4. Bail Conditions

If bail is granted, the accused must follow strict conditions, which can include:

• Paying a monetary deposit as security;

• Reporting to a bail supervisor;

• Residing and being under the supervision of a surety;

• Staying within a specific geographical area;

• No contact with victims or witnesses;

• Abstaining from drugs or alcohol;

• Adhering to a curfew;

• Surrendering travel documents, such as a passport.

5. Bail Denial and Appeals

If bail is denied, the accused can appeal the decision to a higher court. However, this can take time, meaning the accused may remain in custody while awaiting trial.

What Happens if Bail Conditions Are Violated?

If an accused person breaches their bail conditions, they can be re-arrested and charged with additional offences, such as failing to comply with a court order. This will make it more difficult to obtain bail in the future.

Conclusion

Bail in Canada balances the rights of the accused with the need to protect the public and ensure justice is served. While the system prioritizes the presumption of innocence, it also enforces conditions to prevent harm and ensure court attendance. Bail can be quite complex and needs to be assessed on a case-by-case basis. At Verdicta LLP, our criminal lawyers will strive to create the best bail plan for you and argue for your release with the least onerous conditions available. If you or someone you know has been arrested, contact one of our lawyers 24/7 at 587-974-8766.