Bail is one of the fundamental legal principles in Ontario’s legal system. It balances the rights of the accused with the public’s need for safety. Bail is the temporary release of an accused person while they await their trial or next court appearance. The primary goal of bail is to ensure the accused returns to the court as required while considering public safety.
The decision to grant or deny bail depends on several factors, including the gravity of the offence(s), whether there is any previous criminal record (if any), and whether the individual has any outstanding charges. The judge or justice of the piece must weigh the risks of releasing you and assess if any pre-trial conditions should be set to reduce these risks. An experienced bail hearing lawyer can provide critical legal representation during a bail hearing and ensure your rights are upheld, and you are released at the earliest opportunity, with the least restrictive conditions.
What is Bail, and Why Is It Important?
Put simply, bail is a process that determines whether an individual charged with a criminal offence will remain detained in custody or be released while awaiting trial. This makes bail a significant alternative to pre-trial detention and reflects a key principle in the Canadian Charter of Rights and Freedoms: the presumption of innocence.
The Charter guarantees the right to reasonable bail, meaning that you should not be held in custody unless there are compelling reasons to do so. So, bail is about the balance between protecting individual liberty while ensuring you will return for your court dates and potential dangers to society or a flight risk.
If released on bail, you must comply with specific bail conditions set by the judge or justice of the peace until the end of the trial. The type of the bail conditions imposed by a court will vary depending on your background (in particular whether you have a criminal record and/or have outstanding charges) and the nature and seriousness of the allegations.
The Bail Hearing Process in Ontario
The Criminal Code states you are entitled to a bail hearing within 24 hours of arrest or “as soon as possible” if justice is not immediately available.
At the bail hearing, the Crown prosecutor will present the court with the allegations, sometimes calling in a witness to provide testimony. A bail hearing lawyer will then make submissions as to why his client’s detention is unjustified, meaning why you should be released on bail on the least restrictive conditions.
- Crown Prosecutor’s Role: The Crown prosecutor’s role in a bail hearing is to oppose or consent to bail. They present evidence showing why you should be held in custody, such as prior criminal history, the nature of the charges or concerns about public safety.
- Bail Hearing Lawyer’s Role: A bail hearing lawyer advocates for your rights by presenting evidence and legal arguments to show why bail is appropriate. The defence may present a bail plan involving conditions and sureties designed to address any concerns raised by the Crown.
In most cases, the Crown carries the legal burden of proof as to why you should be denied bail. The judge or justice of the peace will evaluate the presented evidence and arguments to determine whether the bail conditions can ensure compliance and account for the risks of a release.
The outcome of your bail hearing can significantly impact your life, making strong legal representation critical.
Factors Considered in Granting Bail
Several factors influence the judge’s decision to grant or deny bail in Ontario. These factors are critical in determining whether you pose a risk to the public or to reoffend and whether you can be trusted to follow any bail conditions imposed on you. Some of the most significant considerations include:
Criminal Record
If you have one, your criminal record is one of the most crucial factors in the court’s decision. If you have a history of prior offences, especially any involving violence or breaching previous court orders, the judge may assess a higher risk to public safety or the possibility of reoffending. On the other hand, a clean or minimal criminal record could work in favour of granting bail.
Seriousness of the Charge
The nature and seriousness of the charge against you also impact the likelihood of being granted bail. Severe offences, such as violent crimes, drug-related charges or offences involving weapons, often make it a lot harder to convince the judge that you should be released. Less severe charges may lead to more lenient bail conditions.
Community Ties
The judge or justice of the peace will also consider your connections to the community. This could be stable employment and housing, family relationships, or community involvement. Strong community ties are seen as reasons for you to be less likely to flee the jurisdiction.
Flight Risk
The primary purpose of bail is to ensure you will attend your court appearances, so the risk you may not return is a critical consideration. The judge will assess whether you have the financial means or inclination to leave the country or otherwise evade law enforcement. If a judge considers a high flight risk, he or she may impose more restrictive bail conditions or deny bail entirely.
Types of Bail and Conditions
Bail in Ontario can take several forms, each with their own set of conditions. The two main types of bail are:
Cash Bail
Cash bail involves you or a surety paying a sum of money to the court as a guarantee that you will comply with your bail conditions. If you fail to meet your obligations, the money may be forfeited to the court. However, imposing cash bails may have the effect of denying bail to those without means, while leaving the perception with the public that those with significant means may obtain bail most easily. As a result, a cash bail will typically be imposed in exceptional circumstances.
Recognizance
Recognizance is a legal promise made by you to comply with specific conditions, such as attending your court dates and adhering to any restrictions the judge may impose. Unlike cash bail, recognizance may not involve the deposit of money but still carries penalties for non-compliance.
In addition to this, the judge or justice of the peace may impose various conditions to ensure public safety and your compliance. Common conditions include reporting to the police, having travel restrictions, and avoiding contact with certain individuals. Breaching any of these conditions can result in severe consequences, including arrest, the revocation of bail and potentially additional charges.
The Importance of Timely Legal Advice
The bail process can be complex and the stakes are high if you are facing criminal charges. The bail hearing is your one chance to gain a pre-trial release, so seeking immediate legal advice from an experienced bail hearing lawyer is critical. Richard Fedorowicz has extensive experience in Ontario’s bail system and will provide expert guidance, help develop a strong bail plan and advocate for your release. Having knowledgeable legal representation ensures your rights are protected throughout the legal process and gives you the best chance of securing bail under favourable conditions.
If you or someone you know has been charged with a criminal offence in Ontario and requires legal assistance, contact Fedorowicz Law immediately to ensure you get the legal protection you need.
With over 20 years of experience in bail hearings, client preparation and legal consultation, Richard Fedorowicz has a proven track record of successful bail hearings. He will be able to answer any of your bail hearing critical questions and concerns. Call 249-266-4222 today to find out how we can help you with your bail hearing.