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Charged, or someone you know
Bail hearings are usually held within 24 hours of arrest. The sooner a lawyer has the details, the more can be arranged before it starts.
Bail Hearings. Getting Someone Home
If someone you care about is in custody, the next 24 to 72 hours matter. This page explains how bail works in Ontario, what the court is deciding, and what you can do to help right now.
Section 11(e) of the Canadian Charter of Rights and Freedoms guarantees the right not to be denied reasonable bail without just cause. Release on the least onerous conditions is the starting point, not the exception.
Bail Hearings
24Hours
Outer Limit Before a Justice
3Grounds
Basis for Detention, s.515(10)
3Days
Crown Adjournment Without Consent
520CC
Bail Review Provision
Quick Answer
What should I do if a family member has been arrested and is being held for bail?
Call a criminal lawyer immediately and find out which courthouse they are being taken to. Section 503 of the Criminal Code requires that they be brought before a justice within 24 hours. Identify a possible surety with a stable address and gather identification, proof of address and proof of income. Do not discuss the allegations on recorded jail calls.
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WHAT BAIL IS
Judicial Interim Release Explained
Bail, formally judicial interim release, is the decision about whether a person who has been charged waits for their trial in the community or in custody. Nothing about it decides guilt. Section 11(e) of the Charter guarantees the right not to be denied reasonable bail without just cause, and section 515 of the Criminal Code builds the process around a presumption of release on an undertaking without conditions, escalating only as far as the circumstances actually require.
That escalation is known as the ladder principle, confirmed by the Supreme Court of Canada in R. v. Antic. A court must not impose a more restrictive form of release without first being satisfied that a less restrictive one is inadequate, and the Crown must justify each rung it seeks. Section 493.1 reinforces the point by requiring that primary consideration be given to release at the earliest reasonable opportunity on the least onerous conditions appropriate.
Section 503 requires that a person held in custody be brought before a justice within 24 hours of arrest, or as soon as possible where a justice is not available within that time. In practice hearings are heard in the Ontario Court of Justice bail court, and the Crown may seek an adjournment of up to three clear days without the accused's consent under section 516.
THE TEST
The Three Grounds for Detention
Section 515(10) sets out the only three bases on which detention is justified, and a release plan is built to answer whichever ones the Crown raises.
Ground
What the Crown must show
What answers it
Primary, s.515(10)(a)
Detention is necessary to ensure attendance in court
Fixed address, established ties to the community, employment, no history of failing to appear, a surety who will report non-attendance
Secondary, s.515(10)(b)
Detention is necessary for the protection or safety of the public, including a substantial likelihood of further offences or interference with the administration of justice
No-contact and non-association conditions, curfew or house arrest, treatment or counselling, removal of the opportunity to reoffend, close surety supervision
Tertiary, s.515(10)(c)
Detention is necessary to maintain confidence in the administration of justice, weighing the apparent strength of the case, the gravity of the offence, the circumstances including any firearm, and the potential length of imprisonment
Realistic assessment of the strength of the Crown case, a robust supervision plan, and submissions on the actual sentencing range
Ordinarily the Crown bears the onus of showing why detention is justified. Section 515(6) reverses that onus in defined situations, including where the offence is alleged to have been committed while the accused was already on release for another indictable offence, certain firearm offences, and specified organised crime and terrorism offences. On a reverse onus, the accused must show why detention is not justified. It is a harder hearing, not an impossible one, and a well-prepared plan is what carries it.
SURETIES
What a Surety Actually Agrees To
A surety is a person who promises the court that they will supervise the accused in the community and who pledges a sum of money that can be forfeited if the accused breaches. Since the 2019 amendments, a surety is not required in every case and courts must consider release without one first, but in practice a strong surety remains the single most effective answer to the secondary ground.
A surety will be asked, under oath, about their relationship to the accused, their household, their employment and finances, their understanding of the charges, their own criminal record if any, how they will supervise, and what they will do if a condition is broken. The correct answer to that last question is that they will call the police. A surety does not usually deposit money at the time; the pledge becomes enforceable only if the court later orders an estreatment. A surety may apply to be relieved of their obligation at any time under section 766.
If you are being asked to act as a surety
Take it seriously and be honest at the hearing. Bring identification, proof of address, proof of income or assets, and be ready to describe your plan in concrete terms: where the accused will sleep, who is home during the day, how they will get to court, and what rules the household will follow. A surety who has thought this through is far more persuasive than one who has not, and preparation with counsel beforehand makes a real difference.
THE PROCESS
What Happens in Bail Court
1
Arrest and holding
The accused is held at a police division and then transported to the courthouse. Section 503 sets the 24-hour outer limit for being brought before a justice.
2
Counsel obtains the synopsis
Defence counsel receives the Crown synopsis and the accused's record, speaks with the accused in cells, and identifies who can act as a surety.
3
Building the plan
Address, supervision, employment or schooling, counselling, curfew, non-association terms and any technology conditions are put together into a concrete proposal.
4
The hearing
Evidence is usually given by the proposed surety, and sometimes by the accused. Both counsel make submissions on the three grounds. Bail hearings are ordinarily subject to a publication ban under section 517.
5
Decision
The justice either releases on a form of release order with conditions, or orders detention with written reasons.
6
Review if detained
A detention order can be reviewed in the Superior Court of Justice under section 520, usually where there is a material change in circumstances or an error in the original decision.
If bail is refused, that is not the end. A section 520 review can be brought with a strengthened plan, an additional surety, a residential treatment bed or other new circumstances. Sections 525 and 526 provide for review of continued detention where a trial has been delayed. And conditions imposed at a first hearing can later be varied on consent of the Crown when circumstances change.
FORMS OF RELEASE
The Ladder in Practice
The Criminal Code sets out a graduated series of release forms, and section 515(3) requires a justice not to impose a more onerous form unless the Crown shows cause why the less onerous one is inadequate. Understanding where a proposed release sits on that ladder is what allows counsel to argue for something less restrictive rather than simply accepting the first proposal made.
Form
What it involves
When it is used
Release by the officer in charge
An appearance notice or undertaking issued without any court attendance
Less serious matters where the accused has ties to the community
Release order without conditions
A promise to attend court, nothing more
The statutory default under section 515(1)
Release order with conditions
Reporting, residence, curfew, non-communication, weapons or alcohol terms
Where a specific risk needs to be addressed
Release with a surety, no deposit
A named person pledges an amount and supervises
Where supervision is needed to answer the secondary ground
Release with a cash deposit
Money is deposited with the court
Uncommon; generally reserved for accused persons not ordinarily resident in the province
Detention order
The accused is held pending trial
Only where one of the three grounds in section 515(10) is established
Section 515(4) lists the conditions a court may impose. They must be reasonable, connected to a risk the court has identified, and no more restrictive than necessary. A condition imposed simply because it is common, with no link to the grounds actually in issue, can properly be resisted, and unnecessary conditions are the main reason otherwise compliant people end up charged with a breach.
LIVING ON BAIL
Making the Conditions Work
Release is not the end of the matter; it is the beginning of a period that may last a year or more under conditions that shape daily life. The practical advice is straightforward. Keep a copy of the release order with you and read it carefully, because people are regularly charged with breaching a condition they had misremembered. Note the exact wording of any curfew, including whether it permits travel to and from work. Confirm reporting dates and keep proof of attendance. If you move, tell counsel before you move, not afterwards.
Where a condition genuinely does not fit, it can be changed. A variation is often obtained on consent of the Crown by filing a new release order, and where consent is refused, a bail review lies to the Superior Court of Justice under section 520. Changes in employment, a new address, a treatment placement, school schedules, or a surety who can no longer continue are all proper reasons to seek a variation, and doing it prospectively is straightforward compared with defending a breach afterwards.
If a surety wishes to withdraw, they can apply under section 766 to be relieved of the obligation. The accused will ordinarily be taken back into custody until a new plan is approved, so where a surety is becoming unable to continue it is far better to arrange a replacement in advance, through counsel, than to have the surety simply attend at a police station.
One more practical point: bail hearings are subject to a publication ban under section 517 when one is requested. That ban protects the accused, and it means the allegations aired at the hearing cannot be reported. It does not prevent you from discussing your case with your own lawyer, your surety or your family.
IF DETENTION CONTINUES
Reviews, Delay and Credit
Where an accused remains in custody, the Criminal Code provides several avenues. A bail review under section 520 lies to the Superior Court of Justice and is the principal route, generally brought where there is a material change in circumstances such as a new surety, a residential treatment placement or a significant change in the strength of the Crown case, or where the original justice made an error in principle. Section 521 gives the Crown a parallel right to review a release order.
Section 525 requires that where an accused has been detained and the trial has not commenced within 90 days, the court must hold a hearing to determine whether the continued detention is justified. Section 526 permits a trial judge to give directions to expedite proceedings. Delay itself engages section 11(b) of the Charter, and R. v. Jordan recognises that a detained accused is a factor supporting expedition.
Time spent in pre-trial custody is credited against any eventual sentence. Section 719(3) limits credit to one day for each day spent in custody, and section 719(3.1) allows up to one and a half days per day where the circumstances justify it. That enhanced credit reflects the fact that pre-trial custody is served without programming and does not count toward parole eligibility. It is real, but it is not a reason to remain in custody voluntarily; release on reasonable conditions is almost always the better outcome, for the case as well as for the person.
HOW TO HELP RIGHT NOW
Practical Steps for Families
Find out which courthouse the person is being taken to and call a lawyer. Identify a realistic surety: someone with a stable address, a clean or minor record, and the ability to actually supervise. Gather identification, proof of address, a recent pay stub or bank statement, and, where relevant, confirmation of a treatment or counselling placement. If a residence needs to be free of firearms or other people on conditions, address that before the hearing rather than at it.
Be careful about what you say on recorded jail telephone calls. Those calls are recorded and can be obtained by the Crown. Discuss the case with counsel, not on the phone from custody.
Bail hearings and reviews may be conducted by Lexaltico LLP or referred to experienced criminal defence counsel within our LexKonnect consortium, particularly where a hearing must be covered on short notice at a particular courthouse. Any referral arrangement is disclosed to the client and complies with Rule 3.6-6.1 of the Law Society of Ontario's Rules of Professional Conduct. The client's interests govern the choice of counsel.
Common Questions
Frequently Asked Questions
What should I do if a family member has been arrested and is being held for bail?
Call a criminal lawyer immediately and find out which courthouse they are being taken to. Section 503 of the Criminal Code requires that they be brought before a justice within 24 hours. Identify a possible surety with a stable address and gather identification, proof of address and proof of income. Do not discuss the allegations on recorded jail calls.
How long does someone stay in custody before a bail hearing?
They must be brought before a justice within 24 hours of arrest, or as soon as possible if none is available in that time. The hearing itself may be adjourned, and the Crown can seek up to three clear days without the accused's consent under section 516, usually so a surety can attend or a plan can be prepared.
What are the three grounds for denying bail in Canada?
Section 515(10) of the Criminal Code sets them out: the primary ground, that detention is needed to ensure attendance in court; the secondary ground, protection or safety of the public including a substantial likelihood of reoffending; and the tertiary ground, maintaining confidence in the administration of justice, which weighs the strength of the case, the gravity of the offence and the likely sentence.
What does a surety do and can I refuse?
A surety supervises the accused in the community, ensures they attend court and obey conditions, and pledges money that may be forfeited on a breach. Acting is entirely voluntary. A surety who no longer wishes to continue can apply under section 766 of the Criminal Code to be relieved, though the accused will usually be taken back into custody until a new plan is approved.
Does a surety have to pay money up front?
Usually no. In most Ontario cases the surety pledges an amount without depositing it, and the money becomes payable only if the court orders estreatment after a breach. A cash deposit is required only where the court specifically orders it, which is uncommon for a person who ordinarily resides in the province.
What is a reverse onus bail hearing?
In the situations listed in section 515(6), including an indictable offence allegedly committed while already on release, certain firearm offences and specified organised crime offences, the burden shifts to the accused to show why detention is not justified. These hearings are harder but frequently succeed with a well-prepared plan and a strong surety.
Can bail conditions be changed later?
Yes. Conditions can be varied on consent of the Crown by filing a new release order, and where the Crown does not consent, a bail review lies to the Superior Court of Justice under section 520. Changes in employment, residence, treatment or family circumstances are all proper reasons to seek a variation.
What happens if bail is denied?
A detention order can be reviewed in the Superior Court of Justice under section 520, ordinarily where there is a material change in circumstances such as a new surety or a treatment placement, or an error in the original decision. Sections 525 and 526 also allow review of continued detention where the trial has been delayed.
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cannot tell you whether you are inside a rule or inside its exception.
If you contact us
If you are in danger
If you or a child are in immediate danger, call 911.
This website is not an emergency service. Enquiries sent through a form here are read during
business hours and a reply may take up to one business day.
Using this website, submitting a form, sending an email or speaking to us on the telephone does
not make us your lawyers. That relationship arises only when the firm has
confirmed in writing that it has agreed to act, a conflict search has been completed, and a
retainer has been signed.
Confidentiality of enquiries
Do not send confidential or sensitive information through this website or by email until we have
confirmed in writing that we can act for you. Information sent before that point is
not treated as confidential and may prevent us from acting for you, or for
someone else, in a connected matter.
Response times
We aim to reply within one business day. Contacting us does not guarantee a reply within any
particular period, does not oblige the firm to act, and does not stop, extend or satisfy
any limitation period, filing date or court deadline.
Our telephone line
Our line is answered 24 hours a day, every day of the year. Outside office hours calls are taken
by our intake service, who record your details and pass them to the firm. A lawyer responds during
the next business day, or sooner if the matter is urgent. Answering the telephone is not the same
as giving legal advice, and no relationship arises from that call.
Who we are and how we are regulated
Law Society of Ontario
Lexaltico LLP is regulated by the Law Society of Ontario under the
Law Society Act, R.S.O. 1990, c. L.8. All lawyers practising in
Ontario through the firm are members in good standing.
Law Society of Alberta
Alberta matters are handled by lawyers licensed with, and in good standing with, the
Law Society of Alberta. A lawyer licensed in Ontario is not thereby licensed in
Alberta, and the reverse is also true.
Immigration regulation
Immigration consulting is provided by Regulated Canadian Immigration Consultants
in good standing with the College of Immigration and Citizenship Consultants under the
College of Immigration and Citizenship Consultants Act, S.C. 2019, c. 29,
s. 292.
Lawyers, paralegals and consultants
Not everyone at the firm is a lawyer.
Licensed paralegals in Ontario may act only within the scope the Law Society
permits, which does not include most family, estate or criminal matters.
Immigration consultants are regulated by the College, not by a law society,
and are not lawyers.
Law clerks and managers support files but do not give legal advice.
Each page and biography states which applies. Ask at the outset who will handle your matter and
under which licence.
Languages
We serve clients in thirteen languages. Every page of this website is written and published in
English. Where anything is provided in another language, the English
version governs in the event of a difference. If you need an interpreter, tell us when
you book and we will arrange one.
Fees
The initial assessment
The complimentary 15 minute initial assessment is a brief introductory
conversation. It does not include a review of your documents and does not constitute
legal advice.
The firm charges a fee for substantive consultations, including in civil litigation,
criminal defence and immigration matters. The firm may waive that fee at its discretion.
Any fee is disclosed in advance and credited in full toward your account if you retain the
firm.
Referral fees
Where we refer a matter to another firm, including through LexKonnect, we comply with Rule 3.6-6.1 of the Law Society of Ontario’s Rules of Professional Conduct. Any referral fee is set out in the Law Society’s standard referral agreement, signed by you before the referral proceeds, and no fee is payable to us unless and until the receiving firm has been paid for its work. You are never obliged to accept a referral and are free to retain any firm you choose. No referral arrangement affects the independent professional judgment of any lawyer at this firm.
What is published on this site
Calculators and estimators
They produce estimates from what you type and cannot know the rest. They do not
account for the terms of your contract, statutory exceptions, or the discretion a court will
apply. Do not make a decision on a number produced by a calculator.
Past results
Any outcome described happened on its own facts, before its own decision maker,
under the law as it stood at the time. Past results do not predict or guarantee the result of any
other case.
Reviews and testimonials
Reviews shown here are written by third parties and published on platforms we do not control. Each
describes one person’s experience of one matter. They are not a promise, a
prediction or a guarantee about any other matter.
Links to other websites
This site links to regulators, courts, government sources, professional associations and social
platforms, all operated by others. We do not control them, we are not responsible for
their content or accuracy, and a link is not an endorsement.
Other notices
Limitation periods
Failure to start a proceeding within the applicable limitation period may permanently bar
your claim. In Ontario the general period is two years from discovery
under the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B.
Shorter periods apply to many claims. Seek advice promptly. Nothing on this website extends a
limitation period.
Accessibility
We aim to meet the Accessibility for Ontarians with Disabilities Act
and WCAG 2.1 Level AA. If any part of this site prevents you from reaching us, telephone
+1 416 333 6200 or write to
hello@lexaltico.com and we will provide the information
in another format, at no charge.
