All About Bail
A complete guide to understanding bail in Ontario — from arrest to release.
What happens after an arrest?
When a person is arrested and charged with a criminal offence in Ontario, police will either release them from the scene with a promise to appear in court, or hold them for a bail hearing before a Justice of the Peace.
If held, the accused must be brought before a Justice of the Peace within 24 hours (or as soon as reasonably possible) for a bail hearing — formally called a "show cause" hearing.
The three grounds for detention
The Criminal Code sets out three grounds on which the Crown can argue the accused should be detained:
- Primary ground — the accused will not attend court (flight risk)
- Secondary ground — the accused poses a danger to public safety or may interfere with witnesses
- Tertiary ground — releasing the accused would undermine public confidence in the justice system
The default position in Canadian law is release. The Crown must prove, on a balance of probabilities, that detention is justified on one of these grounds.
The ladder principle
The "ladder" principle means the court must consider the least restrictive form of release first, and only impose more restrictive conditions if necessary. Starting from the least to most restrictive:
- Unconditional release on an undertaking (promise to appear)
- Release on an undertaking with conditions
- Release into the supervision of a surety
- Release with a cash deposit
- Detention
What a bail lawyer does
A bail lawyer attends the hearing, challenges the Crown's evidence, cross-examines police witnesses, presents the bail plan to the court, and advocates for the least restrictive release conditions. Having a lawyer at a bail hearing significantly increases the chances of release.