Criminal Defence > Bail Hearings

For many people charges with a serious criminal offense, the bail hearing will be their first time before a judge.  The importance of having a strong criminal defence lawyer to fight for your release to give you time to prepare your case cannot be overstated.

If a friend or family member is in custody and requires immediate assistance, or if you have been asked to be a surety for someone in custody and wish to speak to a lawyer,  call the office directly at 416.877.LAW1 (5291).

Which courthouses do you represent?

We represent clients at bail hearings at the following courthouses:

• Old City Hall (60 Queen St. West)
• College Park (444 Yonge St. – 2nd Floor)
• Scarborough (1911 Eglington Ave. East)
• 1000 Finch Ave. West
• 2201 Finch Ave. West
• Newmarket (50 Eagle St. West)
• Oshawa (150 Bond St. East)
• Brampton (7755 Hurontario)

What happens when I’m arrested?

When someone is arrested they may be released from custody without a bail hearing by receiving a piece of paper from the police requiring them to appear in court on a particular date and time, or they may obtain a recognizance requiring them to deposit a sum of money if they do not appear in court. An accused may also be asked to promise to appear at a police station to have fingerprints taken at a later time.

What happens if I’m not released after my arrest?

If you are not released following arrest, either from the location of the arrest of from the police station, you may be held in custody for a bail hearing.   A bail hearing may be required if the accused has been charged with a particularly serious criminal offense or if they have a history of not complying with release orders following previous arrests. Under the Canadian Charter of Rights & Freedoms, an accused is not to be denied reasonable bail without just cause, meaning that every person charged with a criminal offense has a right to be considered for bail.

What is a bail hearing?

First and foremost, a bail hearing is not a trial. The court will not ask you to enter a plea.  The bail hearing is essentially a court proceeding to determine if an accused person should be allowed to be released from custody before the resolution of their criminal matter. Under our Criminal Code, if you are arrested by a police officer and not released, you should be brought before a judge as soon as possible for a hearing. The bail hearing is also often referred to as a “show cause” hearing, as the Crown will attempt to persuade the court, or “show cause”, why you should be detained in custody. In certain situations, the burden is shifted and the accused party, often through their lawyer, must show cause why they are entitled to release.

In either case, the show cause hearing is essentially a balancing test during which the court will assess a number of factors in arriving at a decision regarding release, including whether the person charged is likely to attend court and comply with court imposed conditions, whether the person charged is likely to commit any offenses prior to their trial, and the seriousness of the charges against the accused.

What can be mentioned at a bail hearing?

The Crown may present a wide range of information about you and about the offense with which you are charged, including your prior criminal history and specific facts relating to the charges. As everyone in Canada is innocent until proven guilty, the public disclosure of the allegations against you could significantly impact your right to a fair trial. In certain circumstances, you have the right to request a ban on the publication of any of this information. The justice can order that any information, including the reasons for your release or detention, not be made public until some point in the future, usually the conclusion of your trial.

How can I be released during a bail hearing?

Under the Criminal Code, for most offenses, a justice has the power to order that an accused person in custody be released on an undertaking without conditions. Depending on the circumstances, more stringent forms of bail can be ordered including an undertaking with conditions or entering into a recognizance without or without sureties, in such amount and with such conditions, if any, as the court directs.

What are possible conditions of release?

You may be released from custody during your bail hearing with a series of conditions, things the court requires you to do or not do before your trial. Some of the conditions of release may include a requirement to report to a peace officer, to physically remain within a given area, to maintain a curfew, to notify the peace officer of any change in address or employment or occupation, to abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, or refrain from going to any place specified in the order, or any other conditions that a judge requires.

What is a surety?

A surety is a person who is able to supervise you while you are released on bail, and is usually a friend or family member with whom an accused has a daily, ongoing relationship. One or more sureties may be responsible for ensuring that the accused abides by the conditions of release set out by the court. The responsibility of being a surety is a serious one. The surety may have to testify in court during your bail hearing to ensure that a proper plan for your supervision is in place. Occasionally the surety may be asked to pledge, or show that they have access to, a certain amount of money that would be forfeited to the court if the accused were to breach any bail conditions. The court will usually disqualify certain people from acting as sureties, including those living outside the province, co-accused, or persons with serious criminal records.

What happens after I’m released?

If you are suspected of violating a release condition, you may be arrested and have to appear in court for a hearing. In some cases, the court may revoke your bail or impose more stringent conditions. Similarly, if you fail to appear for any of you court dates, the court may issue a warrant for your arrest and potentially charge you with the additional offense of failing to appear. If you were released on a recognizance, the court may order you to pay the money pledged as a bail condition.

Following your release, you will meet with your criminal defense lawyer to prepare for your first appearance in court. To read about the first appearance, click here.