Bail review Lawyers in Canada

Section 520 gives the accused a right to apply. If a judge or justice makes an order under the release and detention provisions of section 515 that the section names, the accused may, at any time before the trial of the charge, apply to a judge for a review of the order.

Section 521 gives the prosecutor a matching right. If a judge or justice makes a release order of the kinds the section names, the prosecutor may, at any time before the trial of the charge, apply to a judge for a review of the order. A review is therefore not only something the accused can seek. The Crown can ask a judge to look at a release order too.

The Charter sets the background. Section 11(e) protects the right of a person charged not to be denied reasonable bail without just cause, and section 10 gives everyone on arrest or detention the right to retain and instruct counsel without delay and to be informed of that right.

An application under section 520 is not heard unless the accused has given the prosecutor at least two clear days notice in writing, unless the prosecutor otherwise consents. Under section 521, the prosecutor must give the accused at least two clear days notice in writing.

The accused is present at the hearing if the judge so orders, or if the prosecutor, the accused or the accused's counsel asks. Where the accused is in custody, the judge may order, in writing, the person holding the accused to bring the accused before the court.

A judge may adjourn the proceedings on application by the prosecutor or the accused. If the accused is in custody, no adjournment is for more than three clear days except with the accused's consent.

Where an accused who is not in custody has been ordered to be present and does not attend, the judge may issue a warrant for the arrest of the accused.

A review is a hearing before a judge about an existing order. On a review under section 520, the judge may consider the transcript, if any, of the proceedings heard by the justice, the exhibits filed in those proceedings, and any additional evidence or exhibits that the accused or the prosecutor tenders.

The judge then has two choices. The judge may dismiss the application. Or, if the accused shows cause, the judge may allow the application, vacate or vary the order the justice made, and make any other order provided for in section 515 that the judge considers is warranted. Section 521 works the same way for the prosecutor: if the prosecutor shows cause, the judge may allow the application and vacate or vary the order.

Because the judge may make any other order provided for in section 515, the grounds in that section still matter. Section 515 says detention in custody is justified only on one or more of three grounds: to ensure attendance in court, for the protection or safety of the public, or to maintain confidence in the administration of justice. Whether an order should change is a matter for the judge on the material before the court.

Section 520 also limits repeat applications. If an application under section 520, 521 or 525 has been heard, a further application under section 520 or 521 for the same accused needs leave of a judge before the expiry of 30 days from the date of the decision on the previous application.

Section 525 is a separate route for an accused who is held 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. A later review decision or detention order can restart the count, as the section sets out. The accused can waive the hearing in writing.

At that hearing the judge considers whether the prosecutor or the accused has been responsible for any delay. If the judge is concerned that the proceedings are progressing slowly and that an unreasonable delay may result, the judge may give directions for expediting the proceedings or require a further hearing.

If the judge is not satisfied that continued detention is justified within the meaning of section 515, the judge makes a release order. If the judge does not make a release order, the accused continues to be detained.

Section 524 deals with an accused who is arrested for contravening a release order, or for committing an offence while subject to one, where the prosecutor asks to have the order cancelled. The judge or justice cancels the order if the accused contravened it, or if there are reasonable grounds to believe the accused committed an offence while subject to it.

Orders made under that section can themselves be reviewed. For an order made by a justice, the review is under sections 520 and 521 as if the order were made under section 515.

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. A person may appeal as of right on a question of law alone. An appeal on a question of fact, or of mixed law and fact, needs leave. So does an appeal against sentence.

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.