When the police hold a person for a bail hearing, the family usually has a day or two to organize. This page explains how bail works in Ontario, what a surety is, and how a lawyer prepares a release plan. A criminal defence lawyer at Law Wise, based in Mississauga and serving the entire GTA and Ontario, can help you and your family prepare for a bail hearing, from the release plan to the surety.
What bail means
Bail is release from custody while a criminal charge is still before the court. The Criminal Code calls it “judicial interim release”. A bail decision is not a decision about guilt. A person who is charged is presumed innocent, and section 11(e) of the Canadian Charter of Rights and Freedoms gives every charged person the right not to be denied reasonable bail without just cause.
Not every arrest leads to a bail hearing. In many cases the police release the person at the station with an appearance notice or an undertaking, which is a signed promise to follow conditions and come to court. A bail hearing happens when the police decide not to release. The person must then be taken before a justice without unreasonable delay, and within 24 hours if a justice is available.
The starting rules in a bail court
- Police and courts must give primary consideration to release at the earliest reasonable opportunity, on the least onerous conditions that fit the case (Criminal Code, s 493.1).
- In most cases the prosecutor must show why the person should be held or why conditions are needed (s 515(1)).
- Forms of release run from least to most restrictive. In an ordinary case the court moves to a stricter form only if the prosecutor shows a lighter one would not be enough (s 515(2.01)).
- A court must favour a promise to pay over a cash deposit where the accused or surety has assets that can reasonably be recovered (s 515(2.02)).
Source: Criminal Code, RSC 1985, c C-46, ss 493.1, 498, 503 and 515, as they read on 11 October 2026 (Justice Laws version current to 21 September 2026, last amended 18 July 2026).
The three grounds for holding a person
A court may order detention only on one or more of the grounds listed in section 515(10) of the Criminal Code.
- Attendance. Detention is needed to make sure the person comes to court.
- Public safety. Detention is needed to protect the public, including any victim, witness or person under 18, looking at whether there is a substantial likelihood the person would commit an offence or interfere with the justice process if released.
- Confidence in the justice system. Detention is needed to maintain confidence in the administration of justice, looking at the apparent strength of the case, the seriousness of the offence, the circumstances (including whether a firearm was used), the possible sentence and any other outstanding charges.
When the accused must justify release
For some charges and situations the onus is reversed. The accused must then show why detention is not justified, and the Criminal Code now says this is done by clearly showing that the proposed release plan deals with the risks under the three grounds. Parliament widened this list in 2026 through the Bail and Sentencing Reform Act. Examples of reverse-onus situations in section 515(6) include:
- an indictable charge said to have been committed while on release for another indictable offence;
- a charge of breaching a release order or failing to attend court while on release;
- listed firearms offences, and offences involving a weapon committed while under a weapons prohibition order;
- violence against an intimate partner where the accused has an earlier conviction or discharge for intimate partner violence;
- an assault or sexual assault charge where choking, suffocation or strangulation is alleged;
- a violent indictable charge that would be the person’s third or later violent indictable offence;
- breaking into a home, and some motor vehicle theft charges;
- drug trafficking, importing or production charges that carry a maximum of life in prison;
- an indictable charge against a person who does not ordinarily live in Canada.
For murder and the few other offences listed in section 469, only a judge of the Superior Court of Justice can order release, and the accused carries the onus.
How a bail hearing unfolds
- Arrest and first callThe arrested person has the right to speak with a lawyer without delay. The lawyer gets the first details and tells the family what is needed.
- The prosecutor’s positionThe lawyer learns the allegations and whether the prosecutor will agree to release or oppose it.
- Release planThe lawyer prepares a plan: where the person will live, who will supervise, what conditions answer the concerns, and any treatment or work arrangements.
- The hearingThe prosecutor sets out the allegations and the person’s record. Proposed sureties may give evidence and answer questions. The lawyer makes submissions on the plan.
- The decisionThe court makes a release order with conditions, or orders detention and gives reasons.
Either side may ask for the hearing to be adjourned, but an adjournment cannot be longer than three clear days unless the accused agrees (s 516). On the accused’s request, the court must also order that the evidence and reasons at the hearing not be published until the case ends (s 517).
What a surety does
A surety is a person who promises the court to supervise the accused in the community and who pledges an amount of money that can be lost if the accused breaks the release order. A surety must give the court a signed declaration that sets out, among other things, their relationship to the accused, their finances and their understanding of the role (s 515.1). The court then decides whether the person is suitable. Being a surety is a serious and ongoing duty: a surety is expected to know the conditions, to watch that they are followed, and to tell the police if they are not.
Not every release needs a surety. Before requiring one, the court must be satisfied that a surety is the least onerous form of release possible in the circumstances (s 515(2.03)). Since 2026, a person who was convicted of an indictable offence in the previous ten years cannot be named as a surety unless the court finds that no other suitable surety is available and that naming the person is in the interests of justice (s 515(2.11)).
Common release conditions
A release order may include conditions such as those listed in section 515(4):
- reporting to the police or another named person at set times;
- staying within a set area, such as Ontario;
- telling the police about any change of address or work;
- no contact, direct or indirect, with a named complainant or witness;
- staying away from named places or areas;
- depositing passports;
- no possession of firearms or other weapons, which is required for many listed charges unless the court finds it is not needed.
Every condition is a court order. Breaking one can lead to a new criminal charge and to the release being cancelled. See breach of conditions and failure to appear.
If bail is denied or the conditions do not work
A detention order is not always the end of the matter. The accused may apply to a judge of the Superior Court of Justice for a bail review, on at least two clear days’ written notice to the prosecutor (s 520). After a review decision, a further application generally cannot be brought for 30 days without the judge’s permission. Where a person charged with an offence other than a section 469 offence is still in custody and the trial has not started within 90 days, the jail must apply to a judge for a hearing on whether detention should continue (s 525).
Conditions that turn out to be unworkable, for example a curfew that conflicts with a new job, can be changed with the written consent of the accused, the prosecutor and any sureties (s 519.1). Without consent, the change needs a court application.
How Law Wise helps
- Speaking with the person in custody and explaining the process to the family the same day.
- Meeting proposed sureties, explaining the duty, and preparing them to give evidence.
- Building a release plan that answers the specific ground the prosecutor relies on.
- Appearing at the bail hearing, and bringing a bail review or variation where one is warranted.
- Continuing with the defence of the charge after release. See criminal defence.
Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.
Common questions about bail
How soon does a bail hearing happen?
A person who is not released by the police must be brought before a justice without unreasonable delay, and within 24 hours if a justice is available. The hearing itself can be put over, for example to arrange a surety, but not for more than three clear days at a time unless the accused agrees.
How much money does a surety need?
There is no fixed amount. The court looks at the charge, the person’s circumstances and what the surety can reasonably pledge. In most Ontario cases a surety promises an amount rather than paying cash up front. The amount can be lost if the accused breaks the order.
Can a relative with a criminal record be a surety?
It depends on the record. A person convicted of an indictable offence within the last ten years can be named only if the court finds no other suitable surety is available and that it is in the interests of justice. Older or less serious records are considered case by case.
Can bail conditions be changed later?
Yes. A condition can be changed with the written consent of the accused, the prosecutor and any sureties, or by a court on application. Until an order is formally changed, the existing conditions must be followed.
What happens if the accused breaks a condition?
The police can arrest the person, lay a new charge, and ask the court to cancel the release. At the next bail hearing the accused will usually have to justify release. A surety’s pledged money can also be at risk.
Can a surety change their mind?
Yes. A surety who no longer wishes to act can apply to the court to be relieved of the obligation. The accused may then be returned to custody until a new release plan is approved.
Has someone been held for a bail hearing?
Call as early as you can. The first conversation is used to find out where the person is being held, when the hearing is, and what the family should prepare.
This page is general legal information for Ontario, current as of 11 October 2026. It is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.