What happens at a bail hearing in Ontario? If police do not release an accused person after an arrest, the court decides whether that person should be released while the criminal case continues or remain in custody. A bail hearing is not a trial and does not determine guilt or innocence.
When Does a Bail Hearing Take Place?
An accused person who remains in police custody must generally be brought before a justice within 24 hours of arrest if one is available, or as soon as possible if one is not. Ontario also operates weekend and statutory holiday bail courts.
The Ontario Court of Justice explains that an accused person has a constitutional right to reasonable bail and a timely bail hearing.
What Does the Court Decide at a Bail Hearing?
A judge or justice of the peace decides whether the accused should be released and, if released, what conditions should apply. The Crown may consent to release, often with proposed conditions, or seek detention.
Under section 515 of the Criminal Code, detention can be considered on three principal grounds:
- Primary ground: whether detention is necessary to ensure the accused’s attendance at court.
- Secondary ground: whether detention is necessary to protect the public’s safety.
- Tertiary ground: whether detention is necessary to maintain confidence in the administration of justice.
What Happens During the Hearing?
The Crown normally provides information about the allegations, any other charges the accused is facing, and any criminal record. In a contested hearing, the Crown may argue why detention or particular conditions are necessary.
Defence counsel or duty counsel can present the proposed release plan and any information relevant to release. Depending on the case, this may include where the accused will live, employment or school obligations, how court dates will be managed, and whether supervision is proposed.
Legal Aid Ontario provides a practical bail hearing guide that explains the process and the information to include in a bail plan.
What Is a Bail Plan?
A bail plan explains how the accused proposes to live in the community and comply with the court’s requirements while the case proceeds. The plan should address the concerns relevant to the particular case.
Depending on the circumstances, it may address:
- Where the accused will live
- Employment, school or other responsibilities
- How the accused will attend future court dates
- Proposed supervision, where appropriate
- Conditions that address concerns raised by the allegations
- Drug or alcohol issues where they are relevant to the alleged offence
Do You Need a Surety?
Not every release requires a surety. A surety is generally a responsible person who agrees to help supervise the accused and support compliance with the release order. Whether a surety is proposed or required depends on the circumstances and the form of release considered by the court.
What Bail Conditions Can Be Imposed?
If the accused is released, the court may impose conditions considered necessary and appropriate. Depending on the case, conditions can involve contact with particular people, attendance at certain places, weapons, reporting, geographic restrictions, or other conduct.
Release conditions must be followed. Failing to comply can lead to further criminal charges and can affect the accused’s release status.
What Is a Reverse Onus Bail Hearing?
Usually, the Crown bears the burden of showing why detention or particular release restrictions are justified. In circumstances specified by the Criminal Code, however, a reverse onus applies. The accused must then show why detention is not justified. Whether a reverse onus applies depends on the charge and circumstances.
What Happens If Bail Is Denied?
If the court orders detention, the accused remains in custody while the case proceeds unless the detention order is later changed or the matter is otherwise resolved. An accused person may seek a bail review in the Superior Court of Justice.
The Ontario Superior Court of Justice provides information about bail and detention reviews, including the grounds on which a review may be sought.
Why Legal Representation Matters at a Bail Hearing
Bail hearings happen early in a criminal case and can move quickly. A criminal defence lawyer can review the allegations, communicate with the Crown, develop a proposed release plan, prepare a potential surety, and address the legal grounds for release.
Top Lawyers Canada has dedicated listings for bail hearing lawyers in Toronto, bail hearing lawyers in Newmarket, and bail hearing lawyers in Brampton.
Frequently Asked Questions
Is a bail hearing the same as a trial?
No. A bail hearing determines whether an accused person will be released while the case proceeds and, if so,, if so, what conditions, if any, may apply. It does not decide guilt or innocence.
How soon does a bail hearing happen in Ontario?
If an accused person remains in police custody, they must generally be brought before a justice within 24 hours if one is available, or as soon as possible if one is not.
Does everyone need a surety to get bail?
No. Not every release requires a surety. The appropriate form of release depends on the circumstances of the case.
What happens if bail conditions are broken?
A breach can result in arrest, a new criminal charge, and reconsideration of the accused person’s release status.
Can a bail decision be reviewed?
Yes. Depending on the circumstances, an accused person can apply to the Superior Court of Justice for a bail review.
Find an Experienced Bail Hearing Lawyer
If you or a family member has been held for a bail hearing, you can use Top Lawyers Canada to find experienced bail hearing lawyers who handle criminal matters in Ontario.