On Bail Hearings
Excerpts from The Criminal Code
The bail process is perhaps the most important part of the criminal justice process; at a bail hearing it is determined whether or not an individual accused person will be released from custody or held in jail until his or her trial date.
Section 515 (10): For the purposes of this section, the detention of an accused in custody is justified only on one or more of the following grounds:
(a) Primary Ground: where the detention is necessary to ensure his or her attendance in court in order to be dealt with according to law;
(b) Secondary Ground: where the detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, having regard to all the circumstances including any substantial likelihood that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice; and
(c) Tertiary Ground if the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including
(i) the apparent strength of the prosecution’s case,
(ii) the gravity of the offence,
(iii) the circumstances surrounding the commission of the offence, including whether a firearm was used, and
(iv) the fact that the accused is liable, on conviction, for a potentially lengthy term of imprisonment or, in the case of an offence that involves, or whose subject-matter is, a firearm, a minimum punishment of imprisonment for a term of three years or more.
At a bail hearing it is either up to the crown attorney to show why an individual should be detained (this is called a crown onus bail hearing) or it up to an accused person to show why they should be released (this is a reverse onus bail hearing).
Frequently Asked Questions
These frequently asked questions explain how bail works in Ontario, including what to expect at a bail hearing and how release conditions are determined. The information below is general and may vary depending on the facts of a case.
What is bail and how does it work in Mississauga courts?
Bail allows someone charged with a criminal offence to be released from custody while they await trial. The court considers factors such as the seriousness of the offence, past criminal record, and risk of re-offending.
Contact Randy Norris to discuss how the bail process works and what factors may affect your release.
What should I expect at a bail hearing?
At a bail hearing, the court decides whether you can be released from custody and, if so, under what conditions.
The law begins with the presumption that you should be released unless the Crown can show otherwise.
The Crown may argue for your continued detention based on one or more of the following grounds: to ensure your attendance in court (primary ground), to protect public safety (secondary ground), or to maintain public confidence in the justice system (tertiary ground).
In some cases, such as where you're already on bail or facing certain serious charges, the onus may shift to you to show why you should be released.
A surety may be required, and the court must impose the least restrictive conditions necessary, following what’s known as the “ladder principle.”
Contact Randy Norris to review what to expect at a bail hearing and how your release conditions may be addressed.
Can bail conditions be changed if they are too strict?
Yes, bail conditions can be reviewed and modified through a bail variation or review application. This usually requires consent from the Crown or a formal court hearing.
Speak with Randy Norris to discuss whether your bail conditions can be reviewed or modified.
Can I get a bail hearing on a weekend in Peel Region (WASH Court)?
Yes, WASH (Weekend and Statutory Holiday) Court operates on weekends and holidays to conduct bail hearings for those in custody.
Contact Randy Norris to discuss weekend or holiday bail hearings and what to expect from WASH Court.
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