Bail FAQs

Bail is a court's decision to release a person charged with an offence while their case is pending, usually with conditions. The default is release on the least restrictive terms that ensure attendance in court, protect public safety, and maintain confidence in the administration of justice.

The Crown may argue the accused will not attend court. Factors include ties to the community, employment, family, prior failures to appear, and the seriousness of the charge. A strong bail plan that addresses attendance concerns can overcome this ground.

A Justice of the Peace (JP) presides over most bail hearings in the Ontario Court of Justice. For more serious charges, a Superior Court judge may be required. The Crown and defence both make submissions, and the JP weighs the three grounds for detention.

The Crown may argue the accused poses a risk to public safety or may interfere with witnesses. This considers the nature of the offence, history of violence, and the strength of the evidence. Appropriate conditions (no-contact orders, curfews) can address this ground.

Under the Criminal Code, the Crown must justify each increasing level of restriction — from release on an undertaking with no conditions, to release with conditions, to release with a surety, up to detention. The accused is entitled to the least restrictive form of release that meets the three bail grounds.

Sometimes called the "public confidence" ground. The court asks whether a reasonable person, aware of the circumstances, would lose confidence in the justice system if the accused were released. This ground is most relevant in serious or high-profile cases.

A surety is a responsible adult who agrees to supervise the accused, ensure compliance with bail conditions, and call police if conditions are breached. The surety may pledge money that can be forfeited if they don't take reasonable steps to supervise.

A bail plan explains how risks will be managed in the community: where the accused will live, who will supervise, daily structure (work/school), transportation to court, treatment or counseling, and technology supports (phone restrictions, location sharing, etc.). Strong plans include documents that verify each element.

A surety must be a Canadian citizen or permanent resident, not facing charges, and willing to take on the supervision responsibility. They will be questioned about their relationship with the accused, their ability to supervise, and any assets they are pledging.

Helpful documents include: a letter from an employer confirming work schedule, a lease or proof of address for the proposed residence, a letter from a treatment program confirming enrollment, reference letters, and any documents showing community ties and stability.

A surety must actively supervise the accused, know their whereabouts at all times, enforce compliance with all bail conditions, and contact police immediately if conditions are breached. A surety who fails to do this risks forfeiting their pledged money.

The Crown and defence present information to the court about risk and proposed release conditions. Witnesses such as police or sureties may testify. The court decides whether to release and on what terms. If bail is denied, the decision can be reviewed in the Superior Court.

Police may arrest for breach of recognizance or undertaking. New charges can be laid and bail can be revoked or tightened. A surety who no longer feels able to supervise should attend court to be relieved and, if necessary, have the accused re-arrested for a new plan.

In most cases the Crown has the onus (burden) of proving detention is justified — this is called "show cause." However, in certain serious offences (e.g., firearms charges, repeat domestic violence, some drug offences) the onus reverses and the accused must "show cause" why they should be released.

Families can: gather documents for the bail plan, find a responsible surety, contact a lawyer as early as possible, attend the hearing for moral support, and prepare a proposed residence. The earlier a lawyer is retained, the better the bail plan that can be built.

Common bail conditions include: reporting to a bail supervisor, no contact with named individuals, residence at a specific address, a curfew, no possession of weapons, abstaining from alcohol or drugs, and attending all court dates.