When someone is arrested and held in custody, securing their release on bail is the immediate priority. Being out on bail allows you to maintain your employment, care for your family, and properly assist in your defence.
The short answer
A bail hearing (show cause hearing) determines if an accused person will be released pending trial. The Crown must 'show cause' why you should be detained, based on flight risk, protection of the public, or maintaining confidence in the justice system. A strong release plan, often involving a surety, is key to success.
What is a Surety?
A surety is an adult (often a family member or close friend) who promises the court they will supervise the accused and ensure they attend court and obey bail conditions. They must pledge a quantum of money, which they could lose if the accused breaches their conditions.
The Bail Plan
A successful bail hearing requires a solid plan. This includes where the accused will live, who will supervise them (the surety), and what conditions they are willing to follow (e.g., curfews, no-contact orders, abstaining from alcohol). If the accused is renting, tenancy issues might arise if they are unable to pay rent while detained.
What if bail is denied?
If bail is denied, the accused remains in custody until their trial is complete. However, you can apply for a Bail Review in the Superior Court of Justice if there has been a material change in circumstances or an error in law. Navigating the Superior Court is complex, much like complex civil litigation matters handled in the same courts.
When to talk to a lawyer
Bail hearings move quickly, usually within 24 hours of arrest. Having a criminal defence lawyer draft a meticulous bail plan can mean the difference between going home and staying in jail. Contact Kuner Law immediately if a loved one has been arrested.
Frequently asked questions
Q: Do I have to pay cash for bail in Ontario?
A: Usually no. Most bail releases in Ontario are 'no deposit' where a surety pledges money but does not have to pay it upfront, unless the accused lives out of province.
Q: Can bail conditions be changed later?
A: Yes. Bail conditions can be varied with the consent of the Crown, or by bringing an application for a bail variation before the court.
About the Author
Jora Kuner
Jora Kuner is the founder of Kuner Law and a lawyer called to the bar of the Law Society of Ontario. He holds a Juris Doctor from Bond University, an NCA Certificate, a BA (Hons.) from York University, and a Certificate in Dispute Resolution. He practises civil litigation, criminal defence, and tenancies in Mississauga and across Ontario.
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