Bail Lawyer Toronto

For most criminal offences in the Toronto Region, the police have the choice to release a person charged with a criminal offence from jail without requiring a bail hearing. Police will generally hold a person for a bail hearing where they have concerns on one of the following grounds:

1. they need to establish the accused person’s identity;
2. they fear the accused will destroy evidence relating to their investigation;
3. they fear the accused will continue or repeat the offence or commit other criminal offences;
4. they believe detention is needed to protect a victim of or witness to the offence; or
5. they have reasonable grounds to believe the accused will not show up for court.

If the police hold any of these concerns, they will likely hold the accused person for a bail hearing instead of releasing them from the police station. Otherwise they can release you on an appearance notice, a summons, or an undertaking, which can include conditions and a promise to pay up to $500 if you break them. Since July 2026 the Code says expressly that police must not release someone they believe on reasonable grounds needs to be detained in the public interest. People charged with murder or another offence listed in section 469 cannot be released by police or a justice of the peace; only a Superior Court judge can grant them bail.

At the bail hearing stage, the person charged will likely need the assistance of his or her friends or family members to come to court and act as sureties.

A surety is somebody willing to supervise the accused person while released on bail and is responsible for ensuring that all of the conditions of the bail are being followed. In some instances, the accused person may be required to live with the surety and the surety will likely be required to pledge a monetary amount towards the bail. This monetary pledge ensures that the surety will properly supervise the accused person, or risk losing their money should they fail to do so.

In most instances, the surety need only establish that they have access to the amount of money being pledged and need not deposit the money with the courts. Bank book statements or property deeds are examples of ways the surety can prove their assets to the Court.

Since July 2026, a court cannot name as a surety someone convicted of an indictable offence in the previous ten years unless no other suitable surety is available and it is in the interests of justice. A surety who can no longer supervise can apply to be relieved of the obligation.

Follow this link for more information on acting as a surety for bail.

The amount of sureties and money to be pledged can vary depending on a number of factors such as the number of criminal charges the accused is facing, the type of charges, the financial situation of the surety, the surety’s ability to supervise the accused, whether the accused has a prior criminal record and the extent of the record among other considerations. The decision of how many sureties are required and how much money they must pledge is ultimately a decision for the Judge or Justice presiding over the bail hearing.

A surety may be asked to testify in Court about their plan to supervise the accused and perhaps give some background information about the accused person as well as their personal relationship with the accused in order to determine their suitability as a candidate to supervise the accused while on bail. One of the most important roles a defence lawyer has at the bail hearing stage is to ensure that potential sureties at the bail hearing are adequately prepared for the process of testifying in court.

The sureties should know ahead of time what questions will be asked of them by the defence lawyer and even what questions they may be asked by the prosecutor. One wrong answer to any of the questions asked in Court could result in the denial of bail for the accused. Experienced criminal lawyers know what questions will likely be asked at a bail hearing and can prepare sureties ahead of time for the “tough” questions.

A surety is not always needed. Outside reverse-onus cases, the court may require one only where no less onerous form of release would do.

Usually no money changes hands at the bail hearing. Canadian bail works mostly on promises: the accused or a surety promises to pay a set amount if a condition is broken, and the court favours that promise over a cash deposit whenever the person has reasonably recoverable assets. The Supreme Court of Canada has held that cash bail should be ordered only in exceptional circumstances and never in an amount beyond what the accused and sureties can actually raise.

A pledge is not collected unless there is a default. Even then, the Crown must apply for forfeiture, the accused and sureties get notice and a chance to be heard, and a judge decides how much, if any, is forfeited.

No. Commercial bail bonds are illegal in Canada. Indemnifying a surety, or a surety accepting a fee or any form of indemnity, is a criminal offence punishable by up to two years in prison. A surety must be someone who is personally willing to supervise the accused and to put their own money at risk.

If sureties are absent, one option may be to postpone the bail hearing to a later date when the sureties are available to attend. There is no limit to the number of times a bail hearing can be postponed at the accused’s request; however, a lawyer is usually only retained to appear for one bail hearing appearance. Postponing the hearing may result in additional costs incurred with the lawyer to have them appear on another date.

An adjournment requested by the Crown cannot exceed three clear days unless the accused consents.

At a bail hearing, the court will decide whether or not the accused person should be released from jail while they await their trial.

The prosecutor summarizes the allegations and can lead evidence of any criminal record, outstanding charges and past failures to appear or comply. The defence presents the release plan, usually through the testimony of sureties. The justice can rely on any evidence considered credible or trustworthy, and must consider evidence about the safety of victims and witnesses. The accused cannot be questioned about the offence unless they choose to testify about it.

In determining whether or not an individual facing criminal charges should be released from jail, the Court must be satisfied that the accused person will attend their court dates, that there is not a substantial likelihood that the accused would commit further criminal offences while released on bail and that the community would not be offended by the person’s release given the serious nature of the offences alleged and the strength of the prosecutor’s case against the accused. In law these are the three grounds in section 515(10): detention is justified only if it is necessary to ensure attendance in court, to protect the public, or to maintain confidence in the administration of justice.

The onus is generally on the prosecutor to show why the accused should not be released on bail. In some situations, the onus is switched and it is the accused who must show why he should not be detained in jail while he awaits trial.

Most commonly, the reverse onus provisions are triggered when an accused person is already released on bail for other charges or is charged with a specific offence that imposes the reverse onus procedure, such as trafficking a drug that carries a life maximum, or the listed firearms offences. A reverse onus situation may also be triggered when the person charged does not ordinarily reside in Canada.

Since July 15, 2026, the reverse onus also applies to break and enter of a home, violent or organized motor vehicle theft, violent extortion, human trafficking and smuggling, assaults involving choking or strangling, and a third or later violent offence, among others. In those cases the accused must clearly demonstrate that the proposed release plan addresses the risks.

For a person in custody, a bail hearing is often a critical juncture that will affect their decision on how to proceed with their case.

The prosecutor may present a wide range of information about the accused person and about the offense with which they are charged, including the prior criminal history and specific facts relating to the charges. As everyone in Canada is innocent until proven guilty, the public disclosure of the allegations against an accused person could significantly impact their right to a fair trial. In certain circumstances, the lawyer can request a ban on the publication of any of this information. The justice can order that any information, including the reasons for releasing an accused person from jail or detaining them in custody, not be made public.

When the accused asks for the ban, the justice must make it. It lasts until the accused is discharged at a preliminary inquiry or, if the case goes to trial, until the trial ends.

Some accused are released from custody after a bail hearing with relatively minor conditions while others are subjected to strict conditions if released from jail. These bail conditions dictate what an accused person can or cannot do while awaiting the outcome of their criminal case. These conditions of release may include a requirement to report to a police station on a regular basis, to remain away from a specific area or location, to maintain a curfew, to notify the peace officer of any change in address or employment or occupation, to abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, or any other conditions that a judge imposes. In domestic assault cases, bail conditions frequently include no-contact and no-attendance terms that can significantly affect where an accused may live and work.

In cases involving violence, weapons, drugs and several other offences, the justice must add a weapons prohibition unless it is not needed for anyone’s safety. Every condition must be necessary, reasonable and linked to a real risk. Boilerplate conditions can and should be challenged.

Yes. A person charged with murder can be released, but only a judge of the Superior Court of Justice can grant it, and the accused must show why detention is not justified by clearly demonstrating that the release plan addresses the risks. The tertiary ground, public confidence in the administration of justice, is often the focus. Our lawyers have secured bail in first and second degree murder cases.

In the event of a detention order (denial of bail), the accused will have to bring a special application to the Superior Court of Justice to have his detention order reviewed by a higher level of Judge. The Crown must get at least two clear days’ written notice, and the judge can consider the transcript of the first hearing and new evidence, such as a new surety or a stronger plan. Once a review is decided, another cannot be brought within 30 days without leave.

Anyone still detained 90 days after first appearing before a justice (or after a detention order is made or reviewed) is entitled to a hearing before a judge to decide whether continued detention is justified. If you are convicted and appeal, a separate process applies: read our guide to bail pending appeal.

Yes. Conditions can be changed with the consent of the Crown, and many variations, such as a new address, a changed curfew for work, or a relaxed reporting schedule, are agreed that way. Without consent, the accused can apply to a Superior Court judge to review the order. Until an order is changed in writing, every condition remains in force.

If an accused person is caught violating any condition of their bail, they may be arrested and brought back to court for another bail hearing. In some cases, the court may revoke the previous bail order or impose more stringent conditions if the Judge grants a subsequent release on a new bail. For more information about violating bail conditions - read: failing to comply with bail. You should also be aware that failing to appear for a court date is treated as a separate offence and can result in arrest and additional charges.

Where the court finds a breach, the onus is reversed: the accused must clearly demonstrate a release plan that addresses the risks. A breach can also be charged as a new offence carrying up to two years, but the Crown must prove the accused knew of the condition and knowingly or recklessly failed to comply. The sureties’ pledges can also be put at risk.

Following your release, you will meet with your criminal defense lawyer to prepare your case for trial. Please read our guide to criminal court terminology for more information on the criminal court process.

Keep a copy of your release order, know every condition, and attend every court date. Your bail stays in force until the case ends unless it is changed.