Bail Resources
Surety Information
Thinking of becoming a surety for someone? Here's everything you need to know about what it means, what's expected, and how to prepare.
What is a surety?
A surety is a responsible adult who agrees to supervise the accused while they are on bail. The surety takes on a legal obligation to ensure the accused complies with all bail conditions, attends all court dates, and behaves appropriately in the community.
Who can be a surety?
- ✓ Canadian citizen or permanent resident
- ✓ Not currently facing criminal charges themselves
- ✓ Has a genuine relationship with the accused
- ✓ Able and willing to supervise actively
- ✓ May be required to pledge assets or a cash deposit
What are the surety's duties?
Being a surety is a serious legal commitment. Your obligations include:
- Knowing the accused's whereabouts at all times
- Ensuring they comply with every bail condition
- Contacting police immediately if conditions are breached
- Attending court when required
- Surrendering the accused to police if you can no longer supervise
Important: If you fail to fulfil your duties, you may be ordered to forfeit any money or assets you pledged.
How to prepare as a surety
At the bail hearing, the judge or JP will question you. Bring documents that establish:
- Your identity (government-issued ID)
- Your relationship to the accused
- Your address (utility bill or lease)
- Your employment status (pay stub or employment letter)
- Any assets you are willing to pledge (property assessment, bank statement)
- Your ability and plan to actively supervise