Bail hearing Lawyers in Canada

Under section 503, a peace officer who arrests a person and has not released them under another provision of that Part causes the person to be taken before a justice. If a justice is available within a period of 24 hours after the arrest, the person is taken before a justice without unreasonable delay and in any event within that period. If a justice is not available within the 24 hours, the person is taken before a justice as soon as possible.

The same section lets a peace officer who is satisfied that continued detention is no longer necessary release the person on an appearance notice or an undertaking. That applies only to offences outside a list of excluded offences that the section refers to.

On arrest or detention, section 10 of the Charter gives everyone the right to be informed promptly of the reasons and the right to retain and instruct counsel without delay and to be informed of that right.

A justice can adjourn a bail proceeding on application by the prosecutor or the accused. Under section 516, an adjournment cannot be for more than three clear days except with the consent of the accused. Under section 515, the accused appears in person, but the justice may allow an appearance by videoconference if the technology is satisfactory to the justice.

The starting point is release. Section 515(1) says that when an accused is taken before a justice, the justice shall make a release order without conditions unless the prosecutor shows cause why detention in custody is justified or why an order under another provision of the section should be made. In other words, the prosecutor carries the burden of showing cause. The Charter protects the right not to be denied reasonable bail without just cause.

Section 493.1 adds a direction to the officer, justice or judge making the decision. They give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions that are appropriate in the circumstances.

If the justice does not release the person without conditions, section 515(2) says the justice shall, unless the prosecutor shows cause why detention is justified, make a release order that sets out conditions. The order may include financial terms, such as a promise to pay a specified amount if a condition is not followed, or sureties. A surety is a person the order requires to stand behind the release. Under section 515, before ordering a surety, the justice must be satisfied that the requirement is the least onerous form of release possible for the accused in the circumstances.

Section 515(4) lists conditions a justice may direct. They include reporting at specified times to a peace officer or another person named in the order, remaining within a specified territorial jurisdiction, notifying of a change of address, and abstaining from communicating with a victim, a witness or another person named in the order. The justice may also add any other reasonable condition the justice considers desirable.

Section 515(10) says that detention in custody is justified only on one or more of three grounds. The first is that detention is necessary to ensure the accused's attendance in court. The second is that 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. The third is that detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances.

For the third ground, the section lists circumstances to consider, including the apparent strength of the prosecution's case, the gravity of the offence, and the circumstances in which it was committed.

When the prosecutor shows cause why detention is justified, section 515(5) says the justice shall order that the accused be detained in custody until dealt with according to law, and shall record the reasons. Whether the prosecutor has shown cause in a particular case is for the justice to decide on what is put before the court.

Section 515(6) reverses the usual order for certain charges. For those charges, the justice shall order detention unless the accused shows cause why detention is not justified, by clearly demonstrating that their proposed release plan addresses the risks posed by the accused as they relate to the grounds in section 515(10).

The charges listed include an indictable offence alleged to have been committed while the accused was at large after being released in respect of another indictable offence. They also include an indictable offence where the accused is not ordinarily resident in Canada, and certain serious drug offences punishable by imprisonment for life under the Controlled Drugs and Substances Act. The full list is longer, and a lawyer can say whether it covers a given charge.

Where the accused shows cause, section 515(7) says the justice shall make a release order.

A bail order is not always final. Under section 520, an accused may, at any time before the trial of the charge, apply to a judge for a review of certain orders made by a justice. Under section 521, the prosecutor has a matching right to apply for a review of a release order.

Section 525 deals with an accused who is detained in custody before trial. If the trial has not commenced within 90 days from the day the accused was taken before a justice, the person having custody of the accused applies to a judge to fix a date for a hearing on whether the accused should be released.

Section 524 deals with an accused who is alleged to have broken a release order or to have committed an offence while subject to one. The judge or justice cancels the order on a finding that the accused contravened it, or that there are reasonable grounds to believe the accused committed an offence while subject to it.

In Ontario, every charge under the Criminal Code starts in the Ontario Court of Justice, and about 95% of charges are completed there. The court publishes daily court lists of adult criminal cases for the current and next day. Youth cases are not on them.

The Superior Court of Justice can try any indictable offence but generally tries only the most serious ones. After a conviction on indictment, an appeal goes to the court of appeal.

Duty counsel is a lawyer at the courthouse for that day. Duty counsel can advise on rights, ask to delay a court date, act at a bail hearing, help with a guilty plea, speak at sentencing, and meet the Crown, for people who qualify and have no lawyer.

Legal Aid Ontario may pay for a lawyer if the person qualifies and is charged with a crime that could mean jail on conviction, or is 12 to 17 and charged under the Youth Criminal Justice Act. A legal aid certificate pays a roster lawyer, one approved to take legal aid clients, for the length of the criminal case. Applications are online or by phone at 1-800-668-8258.

The Law Society of Ontario keeps a public Lawyer and Paralegal Directory, where a lawyer's licence can be looked up. The Ontario lawyers on this site are listed by city. Nothing on this page ranks or recommends any of them.