Bail Hearings

A surety is a person who comes before the court and agrees to supervise an accused person while they are on bail in the community. The surety, who is usually a friend or family member of the accused person, is responsible for ensuring the accused person follows the conditions on his or her release order and attends court as required. It is the surety’s job to call the police if the accused is not following their conditions.

To satisfy the court that the surety will fulfill his or her obligations, the surety promises a sum of money to the court that the surety is liable to lose if the accused person does not follow his or her conditions. There is no set amount that a surety must pledge. The amount is set on a case-by-case basis depending on factors such as the surety’s assets and income, the accused’s record and prior compliance with bail, and the seriousness of the charges.

For more information, please click the link “What Sureties Need to Know”

The default position in the Criminal Code is that an individual accused of committing an offence ought to be released on bail. If the Crown seeks to detain an accused person pending that person’s trial, the Crown must demonstrate to the Court that the accused’s person detention is necessary on at least one of three grounds:

1. To ensure the accused person attends court;

2. To protect public safety; or

3. To maintain confidence in the administration of justice

In a reverse onus situation, the presumption of release no longer applies, and it is the Accused who must demonstrate to the court that he or she should be released.

No. All charges, even the most serious ones, are eligible for bail. If, however, you are charged with an offence listed in s. 469 of the Criminal Code—which includes offences such as, treason, piracy, and murder—special procedures apply. In these cases, the accused person must apply to the Superior Court for bail and will typically only be released on a very stringent bail plan with a high degree of supervision.

If you are denied bail you can apply for a “bail review” pursuant to s. 520 of the Criminal Code. To be successful on a bail review, an accused person must demonstrate:

· That there has been a material change in circumstances since the first bail hearing;

· That the Justice of the Peace made a legal error in the original bail decision; or

· That the original decision is clearly inappropriate

Yes. In some cases, the Crown may agree to vary your conditions after your release. This is called a consent variation. To determine whether to consent to the proposed change, the Crown will consider factors such as the reason for the request and your previous compliance with bail. In cases where the Crown will not consent to the variation, you will need to bring an application for a bail review.