Bail Hearings
The first step after a person is charged with any offence is determining how they will be released pending the outcome of their case. People who have criminal records or are facing serious charges are often held for a bail hearing.
Have you or someone you care about been charged with a criminal offence? Your first priority is to understand bail.
Bail is an essential part of the criminal process. It will determine if you or your loved one will be released before trial, which may be months or even years away.
Hundal Law Firm’s goal is to help clients obtain a fair and reasonable bail. Failure to receive bail may result in a significant disruption to your job, livelihood and life.
What is a Bail Hearing?
When an individual is arrested, they are generally released by the police back into the community as their case works its way through the court system. The law, however, recognizes that the safety of the public and the proper functioning of the justice system may require an accused to remain in custody until their day in Court.
If the police do not release an individual after their arrest, an accused individual has the right to be brought to Court for a bail hearing. At a bail hearing, the accused person will have the opportunity to argue their case for release.
What Happens at Bail Hearings?
A Judge or Justice of the Peace has two options at a bail hearing. The accused can either be:
- Released on bail (subject to certain binding conditions) until their case is heard in Court; or
- Detained in custody pending the completion of their case.
Most bail hearings include the Crown informing the Court of the allegations made by the police. Hearings can include an accused person, or an accused person’s potential sureties, giving evidence on the witness stand to assist the Court in making a decision.
In Canada, there is a constitutional right for every person to be released on bail pending trial unless there is just cause to hold them in custody.
The instances where an individual will be held without bail are narrow and pre-trial detention is unusual. However, if a Court finds an individual is a threat to the public, a flight risk, or detention is necessary to maintain confidence in the administration of justice, an accused person may be held in custody.
We are here to help you with your Bail Hearing
Hundal Law Firm can provide legal representation and assistance during your bail hearing, helping you understand the process and prepare a suitable bail plan. Contact us via the contact form below or call us at (416) 888-0592.
Frequently Asked Questions
A surety can decide at any time that they do not wish to be a surety anymore, without any reason. In order to relieve yourself as a surety, you can either bring the accused to court or the police station.
You can apply to vary any condition of your release order (bail) with the consent of the Crown Attorney. You will need approval of the variation to be signed off by a judge or Justice of the Peace, and your original bail conditions remain in effect until you receive the signed and approved form. There must be a justified reason for wanting to change a condition of your release order. If the court feels as though it needs more information, the court may decide to hold a hearing.
Many people assume that the bail procedure in Canada is similar to that in the United States, where an accused is required to post a specified amount of money (a bond) in order to obtain bail. However, this is not how the procedure works in Canada.
At a bail hearing, the Crown and Defence will make submissions as to whether or not the accused should be released on bail. It will then be up to the Justice of the Peace or judge presiding over the bail to decide whether the accused should remain in custody or be released into the community. If the court believes the accused is releasable.
When someone is arrested for a criminal offence, the police may release the accused on an undertaking, or they may hold them in custody for a bail hearing. If you are held for a bail hearing, the hearing must be conducted within 24 hours of being arrested if a judge is available, or as soon as practicably possible if one is not.
If you breach any of the conditions of your release order, you can be charged with a Failure to Comply, which is a criminal offence. Depending on the circumstances, it can be more difficult to get bail, as a failure to comply suggests to a court that you are unwilling or unable to follow court orders. If released, your bail plans may be stricter than the previous conditions.
The first step is to contact a lawyer. You will also want to prepare answers to the following questions so that your lawyer can canvass and prepare a bail plan for you:
- Where you will be residing;
- Who you will be residing with;
- Who is able to supervise you;
- What conditions you would not be able to comply with;
- Information about your schooling, job, or responsibilities you have; and
- If substance abuse issues are present, how you intend on tackling them (i.e. counselling or treatment).
Bail conditions are tailored to the specifics of each case, taking into account the accused’s circumstances and the judge’s risk assessment. Typical conditions may include curfews, prohibitions on contacting specific individuals, or bans on possessing weapons or consuming drugs and alcohol. The accused may also be required to report regularly to a bail supervisor, remain within a specific geographical area, or surrender their passport. In some cases, financial obligations like posting a bond or having a surety are imposed to ensure compliance. Violating any of these conditions can result in further legal consequences, including potential re-arrest.
No, you cannot pay or indemnify (promise to repay) a surety in any way. Sureties function as the court’s “jailors in the community”. Canada’s legal system ensures sureties take their job seriously by maintaining a threat of significant monetary penalty if the accused breaches their bail conditions under their surety’s watch.
Paying a surety or accepting payment to be a surety not only makes a person ineligible to be a surety (and thus may result in bail not being granted or bail being revoked), but it will risk a potential prosecution for Obstruction of Justice (Indemnifying a Surety) under s. 139(1) of the Criminal Code.
