How a bail hearing actually works in Ontario
Onus, sureties, plans of release and what the justice of the peace is deciding.
What the Court is Deciding
A bail hearing is not about guilt. It is about whether detention is justified under section 515 of the Criminal Code on primary, secondary, or tertiary grounds.
The Three Grounds for Detention
The primary ground is whether you will attend court. The secondary ground is whether you present a substantial likelihood of reoffending or interfering with justice. The tertiary ground is public confidence in the administration of justice.
Who Carries the Burden
Ordinarily the Crown must justify detention. In reverse onus situations, the accused must demonstrate why release is appropriate.
What a Surety Agrees to
A surety pledges money and undertakes to supervise you and notify police if you breach conditions.
Tell me what you have been charged with.
The first consultation is free and confidential. You will get a direct assessment of the charge, the process ahead, and what it will cost.
Request a Free Confidential Consultation
Speak directly with Kashif Alam. Your information remains strictly confidential under solicitor-client privilege.