You might be wondering how to get bail in Canada. Bail is a written order granted by the court. This order allows an accused person charged with a criminal offence to be out of jail.

Such a person awaits trial or some other resolution by the court, such as being found guilty or withdrawing charges. The Criminal Code of Canada allows persons charged to be out on bail, subject to certain conditions that the accused shall meet.

Before filing for bail, one must fully understand these four things about bail in Canada. Also, make sure you speak to a Canadian criminal lawyer.

How Does Bail Work In Canada?

Section 515 (1) of the Criminal Code of Canada provides that when an accused is charged with an offence other than an indictable offence under Section 469, the court may release the accused through a bail order.

This provision applies, except when the accused pleads guilty.

Indictable offences are the most severe criminal offences, which include murder, robbery, terrorism, treason, drug trafficking, and other serious crimes. Summary conviction offences are bailable. These offences are the least serious, including illegal possession of marijuana and being found in a common bawdy place.

• Getting out of jail
• Bail
• Making a plea agreement

What happens in a bail hearing?

A bail hearing is not a trial. Here, the judge will not decide whether the accused is guilty. Instead, the judge will determine if you can get out on bail.

If approved, you can return to the community while waiting for trial. If not, the authorities will keep you in custody while waiting for trial. Remember that being out on bail is still not fun or relaxing. The criminal charges will make it hard for you to enjoy life. You will be thinking about upcoming hearings and trials all the time.

The Crown, or the provincial government’s lawyer, will present its allegations before the court to start the process. He or she will “show cause” as to why the accused shouldn’t be released under bail.

The Crown will call for a witness to testify in court. Usually, the witnesses called are the police officers in charge of the case investigation.

A Guide to Securing Bail in Canada

Below are the requirements for getting bail in Canada. After the Crown’s presentation before the court, the defence lawyer will present its allegations. He or she will present evidence of why the accused should be released under bail. The lawyer will call for the accused or the bail surety to testify. The defence lawyer will try to persuade the court that the accused will follow bail conditions and show up for future hearings.

If both sides are finished, the judge will decide whether to approve the bail application or not. Once granted bail, the accused will follow certain bail conditions under the surety’s supervision and promise to appear for hearings. If the bail application is not granted, the accused will stay in custody.

Conditions of Being Out On Bail

As mentioned above, if bail is granted, the accused will be released from police custody and rejoin the community. However, being out on bail does not mean the accused is free. He or she must follow certain conditions while the court decides on his or her case.

Bail conditions prohibit certain behaviours from the accused when released from custody. Section 515 (4) of the Criminal Code provides that justice may impose one or more of the following conditions on the accused:

● Report to the specified police officer at specified times

● Remain within a specified territorial jurisdiction

● Notify the proper authorities of any change in address or employment

● Avoid any communication with the victim, witness, or any specified person in the order

● Avoid any communication with the co-accused

● Abstain from possessing any firearm

● Avoid going to places mentioned explicitly in the order

● Appear during hearings

The accused must comply with all the conditions set by justice in the bail order. If the accused does not comply, he or she will be arrested, which is a criminal offence. Once this happens, getting bail for the second time will be more difficult, if not impossible.

Navigating Bail Procedures

A surety will become responsible for the accused who is out on bail. He or she comes to court and assures that he or she will supervise the accused. He or she will also pay an amount, a bond called a recognizance. By setting up this bond, the surety risks losing his or her money if the accused does not follow the conditions of the bail order.

The surety should be an adult Canadian with no criminal record. However, a surety with a minor criminal record might still be allowed. A surety cannot be the accused’s alleged victim or a person related to the alleged victim. The surety may be asked to testify in court about his or her ability to supervise the accused.

If the surety does not want to be the surety, he or she can go to court and ask to be removed as the surety for the accused. If this happens, the accused will go back to jail, or a warrant will be issued to arrest the accused.

Get Bail In Canada

A bail review is a type of appeal for the outcome of the bail hearing. If the accused does not get out of jail, he may seek review from a Superior Court of Justice. A bail review is not a second bail hearing. The bail review must show that there is a significant legal error in the original bail hearing.

The accused must show that the law was improperly applied or that evidence was misinterpreted in determining whether the accused could be released on bail. Bail is a matter of right to those who are qualified for it. If you have someone close to you who has been arrested or jailed, you can discuss a bail application with this person and a lawyer.

Talking to a lawyer is the best way to know your options and rights. Speaking to a criminal lawyer today would be best to understand how bail works.