Bail Hearings
Administration of Justice
Bail hearings are an important part of the criminal justice system in Canada. They help ensure that accused persons are not kept in custody unnecessarily and that their rights are respected. It is important for those facing criminal charges to understand their rights and the process of a bail hearing so that they can make informed decisions and ensure that they receive a fair hearing.
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Bail Hearings
For fear of being jailed, it is common for people to avoid negative interactions with the police at all costs. It does, however, happen from time to time due to life circumstances. If you are released under restricted conditions, the consequences can be devastating. As a result of being removed from your family and friends, you may also find it difficult to resume your normal daily routine.
Denial of bail outright is much more detrimental. Isolation from your community puts you at risk of losing your job and even financial ruin. When combined with confinement in an institution, these conditions will likely be extremely distressing. It may also negatively affect your mental health in the long run.
Our team, which includes a former federal parole officer, has extensive experience in risk management and sureties. It is our job to prepare and anticipate the risks that the Crown will raise to stop your release or restrict your freedom. As a result, we can advocate for you more effectively so that you don't remain in custody pending trial.
We understand the Crown's protocols and arguments when it comes to dealing with bail. We anticipate their strategy and use our deep knowledge of the law to provide comprehensive legal advice. This means that we can effectively argue in your favour and minimize the likelihood of you being held in custody pending trial.
Release Plans
Whether you are the accused or a member of your family, criminal law can be quite complicated. Ultimately, our goal is to relieve the stress associated with bail and help you get the right to return home. Our bail hearing advocate services are affordable without sacrificing quality. We invite you to look around and compare our rates with our competitors. We don't cut corners to save you money. We just save you money, period.
Regardless of the reason for your arrest and pending bail hearing, you may need to give the Crown your release plan. We can support you at every step of the bail process and provide you with recommendations for the most appropriate course of action given your particular set of circumstances. We can make sure you get the correct guidance by partnering with one of our knowledgeable team members including a licensed paralegal and a former federal parole officer.
If you need help negotiating your release from custody with the Crown, Cordaie Paralegal Services can assist you. From arrest to trial, we can also represent you throughout the entire criminal justice process.
Is there anything else you need to know?
We have everything you need in one place - fee schedules, FAQ, and why you should hire us.
The majority of our rates can be found on our website. Bundled and unbundled services are available. Hiring us means you'll know what to expect when it comes to transparent, fast, easy, professional service.
Our team is here to help you with your legal issues. We have provided an overview of the types of cases we handle. In addition, we have provided a frequently asked questions page on our website.
It is important to understand the facts of your case if you have a legal matter. Choosing an experienced legal counsel who can craft a strategy for your case is the best way to proceed.
Bail Hearings
Some common information about bail hearings.
Speak to Legal Counsel & Remain Silent
If you have been arrested, contact us right away. Just say, “I want to speak to my legal counsel.” The rights related to talking to legal counsel are called the right to counsel. Always obtain legal advice before you talk to the police.
If you tell the police that you want to use your right to counsel, the police should not question you until after you've talked to your legal counsel. If anything, they are allowed to complete their searches and usually their booking process before you speak with your legal counsel.
Inform the police if you are unable to speak or understand English. In this way, they can ensure that you receive legal advice from an interpreter or a legal advocate who understands your language.
You are allowed to call someone who is not a legal counsel if the purpose of the phone call is to get help finding legal counsel.
If you still do not understand your rights after talking to a legal counsel, you should inform the police. The police must allow you to talk to another legal counsel.
The Canadian Charter of Rights and Freedoms protects your right to remain silent. You don't have to answer questions from the police. Anything you say to the police may be used as evidence if you're charged with an offence.
Police Have the Right to Keep You
During an arrest, the police can take you into custody. In other words, they don't have to let you go. You can be forced to stay at the police station.
Within 24 Hours, the Police Must:
- Allow you to leave, or
- Give you a bail hearing before a judge or justice of the peace without unreasonable delay
- The police may hold you longer if you are arrested on the weekend or if a judge or justice of the peace is unavailable.
Once the police drop you off at court, you are under the Crown's jurisdiction. It is no longer possible for the police to drop your charges or release you from custody.
In Court, the Crown May:
- Consent to your release, with or without conditions, or
- Hold you in custody until criminal charges have been handled in court
A Judge or Justice of the Peace May:
- Release you with or without conditions at a bail hearing
- Keep you in custody
Did You Know?
If you are intoxicated, a police officer can arrest you for drunkenness in public. In most cases, the police will make you stay overnight at the police station and let you leave in the morning.
If the Police Don’t Let You Leave After They Arrest You
If the police are taking you to a bail hearing, tell your legal counsel where they are taking you. Should you not have your legal counsel, duty counsel will assist you with your bail hearing at the courthouse.
If you do not have your legal counsel, your duty counsel will assist you in preparing a court-approved release plan.
Services While in Custody
If you need legal counsel while in custody, the police must inform you about Brydges Duty Counsel. Legal Aid Ontario provides this service. Those who are detained or arrested in Ontario can receive free legal advice. The service is available 24/7, 365 days a year. In addition to English, French, and other languages, interpreters are available as well.
If you do not have legal counsel, tell the police officer you want to speak with duty counsel. Officers should contact the hotline on your behalf and let you speak with duty counsel privately. Duty counsel should contact you within 30 minutes if they are not available. An officer can leave a message if duty counsel is not available.
Talk to Legal Counsel
If you haven't already done so, seek legal counsel immediately.
The Rights You Have
When you're detained or arrested, the Canadian Charter of Rights and Freedoms protects your right to speak to legal counsel without delay.
It is the police's responsibility to inform you of this right. Upon request, a legal counsel must be contacted. Police must allow you to speak privately with legal counsel after you tell them that you want to talk with them.
It is the police's responsibility to inform you about Legal Aid Ontario. In Ontario, Legal Aid Ontario pays duty counsel to provide free legal advice to people without the means to pay legal counsel. Advice is available 24 hours a day. If the police do not tell you, ask them for the duty counsel's toll-free number.
Inside the Courthouse
Before your bail hearing, you can speak to your legal counsel or duty counsel. If you and your counsel review the bail conditions together, your counsel may suggest conditions that will increase your chances of being released.
Counsel may be able to negotiate a consent release with the Crown. By submitting a consent release proposal, the Crown shows the court that it believes you can be released safely under the proposed plan. You are more likely to be released if you propose a consent release to the court than if you have a contested bail hearing.
Even if you disagree with some of the bail conditions, you should accept a consent release proposal. You should consider agreeing to the consent release if you can follow the conditions and they do not conflict with other court orders.
You can request a focused hearing if you disagree with some of the conditions. Following the focused hearing, the judge or justice of the peace decides whether to order consent to release conditions. No release will be granted if you refuse to comply with the conditions.
If you do not agree with the consent release, the Crown may insist on a contested bail hearing. During the contested hearing, the court may decide to detain you and you may not be released.
Considering whether it might be better to agree to some bail conditions to be released and then ask for a bail variation later might be beneficial. Otherwise, you may end up spending longer in custody than necessary.
Your Bail Plan
On the day of your bail hearing, your legal counsel or duty counsel will assist you in preparing your bail plan. In your bail plan, you should explain how you plan to resolve the Crown's concerns.
Among Them Are:
- Is there a place where you will be residing?
- What kind of supervision will you receive in the community?
- Is there anyone available to supervise you?
- What would be reasonable and necessary release conditions?
- If you are taking any courses or working at your job, please provide information about them
- What steps will you take to address any drug or alcohol issues associated with your charges
- In what way do you plan to stay on top of your court dates and attend court?
Surety, Prepare to Give Evidence
Legal counsel for the accused person will interview you.
Some of the Questions They Will Ask:
- An overview of your personal and financial history
- The relationship you have with the accused
- In what ways are you able to supervise the accused?
- Surety obligations and your understanding of them
- If a breach occurs, your willingness to report it
A bail plan will be prepared for the accused based on this information. According to the bail plan, the Crown will describe how the accused will be released safely back into the community.
This Includes Decisions Like:
- Is there a place where the accused will live?
- What are the necessary and reasonable conditions?
- What type of therapy, counselling, or special program the accused will attend
- Your background and relationship with the accused person may be required to be discussed during the bail hearing.
You May Be Asked About:
- Whether you can supervise the accused
- An accused person's bail plan
- In the event of a breach, what will you do?
- Whether you are willing to report a breach and return an accused to custody
- Before the accused person can be released, you will also have to provide a specific amount of money as security.
Bail Conditions
The accused person will likely be required to follow specific conditions if granted bail. The purpose of bail conditions is to supervise and monitor the accused.
For Example, the Accused Person May:
- Be prohibited from communicating with the complainant or the alleged victim
- Be prohibited from communicating with any co-accused
- Be prohibited from being within a certain distance of a specific person or place
- Must live at a specific address
- Must stay at home during specific hours, usually overnight
- Be subjected to house arrest rules
It is imperative to discuss possible bail conditions with the accused person's legal counsel or duty counsel running the bail hearing so you know what to expect. It is also possible to ask for specific bail conditions that you feel will make it easier for you to supervise the defendant.
Surety Giving Evidence at Bail Hearing
Bail hearings are conducted virtually, either by phone or video using Zoom, unless the judge orders an in-person hearing. If the jail's internet connection is unstable or if the hearing is particularly complex, the judge might choose an in-person hearing.
In-Person Hearings
If you have an in-person hearing, arrive early. Getting through security and finding the courtroom will take some time. If you're not sure which courtroom you should be in, ask your legal counsel or duty counsel. In the courtroom, wait to be called by the legal counsel in the main seating area.
Virtual Hearings
Virtual hearings are held through Zoom via video. The accused person's counsel will inform you when and how to participate in the virtual hearing. If the accused person does not have legal counsel. you can contact your local court or duty counsel program.
Logging in 15 minutes early is a smart idea. Lateness may result in the matter being adjourned. The person you are trying to bail out will remain in custody until the next hearing date, and you will need to be present on another date.
An internet connection and a device with a microphone and camera, such as a computer or tablet, are required.
It is your counsel's responsibility to make sure you have the right technology. It is advisable to speak with duty counsel or the court if you do not have access to a computer or the internet. In addition, if the accused does not have counsel, joining by phone is also an option.
Conducting a Virtual Hearing:
- Make sure you dress appropriately.
- When you wish to speak, raise your hand.
- Make sure you speak clearly and slowly.
- When you are not speaking, mute your microphone.
The Hearing
- The accused's counsel or duty counsel will review the bail plan with you before the hearing and assist you in preparing for the court hearing.
During the bail hearing, the Crown will read the charges against the defendant. Although the Crown reads out allegations, the person you're bailing out is presumed innocent.
It is your responsibility to tell the court who you are and why you are presenting yourself as a surety. The process involves swearing an oath. By swearing an oath, you promise to answer questions honestly.
Provided to the Court:
- Background information, such as citizenship status, criminal history, place of residence, family background, place of employment, and when you were born
- The accused's relationship with you
- Bail plan for the accused
- Information about your personal finances or financial assets
- Being a surety: your understanding
- If the person you're bailing out does not listen to you or does not follow the bail conditions, what should you do?
- You will be questioned by your legal counsel and the Crown. In addition to asking you questions about your evidence, the judge or justice of the peace may also decide whether to appoint you as a surety.
All questions should be answered honestly. Don't hesitate to ask questions if you don't understand them.
Bail Hearing Process
Bail, also known as recognition of bail, allows you to remain in the community pending trial.
It is pertinent to note that a bail hearing is not the same as a trial. Whether you are guilty or not is not determined by the judge or justice of the peace. While your case is pending in criminal court, they decide whether or not to release you. In the event that bail is denied, you will be held in custody throughout the course of your case.
Bail hearings are also called show cause hearings. It is usually the Crown's responsibility to "show cause" why you shouldn't be released on a release without conditions.
If you promise to appear in court when necessary, an undertaking without conditions allows you to be released from custody. The Crown must explain to the judge or justice of the peace why you need to follow more conditions after you've been released.
While your case is pending, you may be required to "show cause" to return to the community. In this manner, bail hearings are held under the "reverse onus" principle.
A Reverse-onus Bail Hearing Occurs When:
- Following your release, new, unrelated charges have been filed against you
- You were already on a release and failed to follow the conditions of that release, which led to the charge of failure to comply against you
- You were charged with a drug offence involving the sale of drugs
- It was alleged that you committed a number of serious offences
A bail hearing determines whether you should remain in custody or not. Bail conditions are outlined by the court in the event that you are granted bail.
During the criminal court process, your bail hearing is very significant. You will only have one bail hearing at the Ontario Court of Justice. You will either be taken to trial or released after a bail review in the Superior Court of Justice if your bail is denied.
Go to Your Bail Hearing
If you aren't released within 24 hours of being arrested, you will have to appear before a judge for bail.
The court may tell you to return on another day if you aren't ready for your bail hearing or if it is too busy. An adjournment is what this is called. Bail hearings may be adjourned multiple times before they actually take place.
A judge or justice of the peace will decide whether you should be released while your criminal charges are resolved or while you await trial during your bail hearing.
If you are granted bail, you may have to comply with the court's conditions.
As an Example, You Could:
- Be prohibited from contacting the complainant in any way
- Not be allowed to communicate with your co-accused
- Be prohibited within a certain distance of a certain location
- Be ordered to live at a specific address
- Be ordered to stay at home during specific hours, usually overnight
- Be required to obey house arrest rules
Explain Why They Should Let You Out of Custody
If the Crown opposed releasing you on bail, prepare a plan for your release. You can seek help from your legal counsel if you have one, or duty counsel if you do not have one.
Your bail hearing will begin with the Crown explaining their concerns about your release. The Crown's concerns should be addressed in your release plan. If you are facing criminal charges, it should explain why it is safe for you to be released. It is critical that your release plan includes conditions that enable you to return to normal life as much as possible.
Consider who might supervise you during your release. As a result, someone who supervises you in this way acts as your surety.
In your plan for release, explain:
- In what ways will you be supervised in the community?
- If you need supervision, who can help
- While you await the outcome, your opportunities for employment or education
- In the event that you have anger, drug use, or alcohol issues, what will you do about them?
Your hired counsel (e.g. our team) or duty counsel will present the court with your plan of release at your bail hearing.
Surety Requirements
If the court determines that you need a surety, your counsel or duty counsel can help you arrange for one or more people who can act as your surety.
Someone who is willing to supervise someone released on bail is a surety.
The Surety Must:
- A surety must appear in court to be approved.
- 18 years of age or older
- An immigrant or a Canadian citizen,
- Being uninvolved in the offence for which you've been charged,
- Monitor your progress and ensure that your conditions are followed.
- Be willing to report you if you fail to follow your conditions, and
- They have some financial assets they can pledge as security for the court
The court requires you to "pledge" a certain amount of money to your surety. A surety usually promises to pay the court money if you fail to follow your bail conditions. The amount of bail is usually referred to as the "quantum of the bail". In most cases, this money does not have to be paid in advance.
The surety must report you to the police if you do not follow your bail conditions. The Crown can apply to have your surety pay the amount of money they pledged to the court if you fail to follow your bail conditions. It is called an "estreatment hearing".
Paying someone to serve as a surety for you is illegal.
Understand Your Bail Conditions
Be sure to review the bail conditions with your paralegal before signing them. The release documents will include conditions.
You May, for Example:
- Be required to live at a particular address or with a particular person (e.g. your surety).
- Be required to deposit your passport in the province and stay there
- Be required to report any changes in your job or address must be reported to the officer in charge of your case
- Be prohibited from communicating with certain people
- Be prohibited from attending specific places
- Be prohibited from being around specific individuals
- Be required to report to the Police or bail program at specific times
- Be prohibited from possessing weapons
- Be required to only obtain drugs with a valid prescription
Don't be afraid to ask questions if you don't understand
Verify that you understand the terms of the agreement. When you're unsure about something, ask questions.
Conditions should be clearly stated. You and anyone else who reads your conditions (including police officers) should be able to understand what is expected of you.
The Meaning of No Contact
Release documents often contain a no-contact clause. The condition prohibits you from contacting other participants in the case, including the complainant and the co-accused.
In a no-contact condition, the following is usually stated:
“Do not communicate directly or indirectly with the following people…”
Direct communication involves speaking with someone in person, talking on the phone, sending text messages, and similar methods.
It is less clear what indirect communication means. Social media posts that the person you're not allowed to communicate with can see may be indirect communication. It is also possible to communicate indirectly by asking friends or relatives to relay messages on your behalf.
If There is a No Contact Condition, You Should Not:
- Have face-to-face communication
- Communicate over the phone
- Messages via text
- Post tweets directed at the no-contact order recipient
- Send Facebook status updates or comments to the person named in the no-contact order
- Send messages via Instagram, Snapchat, and Twitter
- Send an email
- Send a message to the person by asking other people to do so
Exceptions can be made to these conditions, however. Bail documents should clearly state the conditions of no contact if they vary from the standard understanding. In the event that there is an exception, be sure to understand exactly what you may and may not do. When another person is present or if the person consents, contact may be permitted.
Make Sure Your Bail Conditions Work With Other Court Orders
You can ask your legal counsel or duty counsel for advice if you are unsure whether your bail conditions will make following another court order difficult.
You may have already signed a release document that says you must reside at a specific address in another case. A new release document may require you to live at a different address later on. Due to the fact that both release documents require you to live in two different locations, this is a conflict.
Even if the bail conditions conflict with another court order, you may decide to follow them. You may be required to stay away from your ex-partner's home under your bail release document, but you may have a custody order through family court allowing you to pick up your children there. Even if the family court order allows you to return to your ex-partner's home, you must not do so.
Be careful not to breach your release conditions or other court orders. In the future, you may be able to request a change in your bail conditions.
You can be arrested and charged with failing to comply with your bail conditions if you do not follow your bail conditions. It is a criminal offence. In this case, you will have to appear at another bail hearing. If you attempt to obtain bail again, it will be more challenging.
Frequently Asked Questions
Here are answers to some common questions.
Bail Hearings
LOOKING FOR THE PERFECT FIT
Hiring the Right Team
Representing someone in a bail hearing can be a difficult and complex process, and it is important to have the right legal team on your side.
Having a paralegal to represent you in a bail hearing is essential. It is important that your paralegal understands the legal process and is knowledgeable about the complexities of the situation. They should be able to present arguments in your favor, as well as negotiate with the prosecution and advocate for your release.
Your paralegal should also be familiar with the rules and regulations of the court and should be able to ensure that all of your rights are being respected. Furthermore, they should be able to make sure that the bail amount is fair and that any conditions of release are reasonable and in your best interest.
It is also important to have a paralegal who will listen to your concerns and be responsive to your questions. They should be able to explain the process in a way that is easy to understand, and they should be able to provide advice and guidance throughout the process.
Finally, your paralegal should be someone who is passionate about protecting your rights. They should be dedicated to providing you with the best possible representation and should be willing to fight for your freedom if necessary.
Choosing the right paralegal for your bail hearing is an important decision, and it is important to ensure that you are making the best choice for your situation. Having the right representation can make the difference between spending time in jail or walking free. If you or someone you know is facing a bail hearing, make sure to find a paralegal who is experienced and knowledgeable about the process.
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