Bail Hearing
A bail hearing — formally a show cause hearing — is the court proceeding that decides whether an accused person will be released or detained pending trial. Section 515 of the Criminal Code governs the process. Bail hearings normally take place before a justice of the peace in the Ontario Court of Justice, within 24 hours of arrest or as soon as practicable.
Mass Tsang's bail hearing lawyers attend hearings across the GTA on short notice. For more, see our explainer on seeking pre-trial release.
Who bears the onus
On most charges, the Crown carries the onus — it must show cause why detention is justified. On certain enumerated offences (most firearm matters, intimate partner violence with a prior conviction, alleged offences committed while on existing release, and others), the onus is reversed: the accused must show cause for release. Bill C-48, in force in 2024, expanded the reverse onus categories.
The three grounds
The court considers detention on three grounds: primary (likelihood of attending court), secondary (protection of the public and risk of further offences), and tertiary (maintaining public confidence in the administration of justice in serious cases with strong Crown evidence). The Crown — or accused, on reverse onus — addresses each ground.
What happens at the hearing
The Crown reads a synopsis of the allegations, presents the accused's record (if any), and outlines its position. The defence proposes a release plan — typically including one or more sureties, residence and reporting terms, and tailored conditions. Sureties may be interviewed in court. Both sides make submissions. The justice of the peace then renders a decision, either releasing the accused on stated conditions or ordering detention.
Publication bans
Bail hearings are subject to a mandatory publication ban on application under section 517 — protecting fair trial rights by preventing pre-trial publication of evidence the Crown may not later be able to tender at trial. The ban applies to media and public publication; the proceedings themselves remain open to the public.
If release is denied
A detention order does not end the matter. Bail review is available in Superior Court, and re-applications can be made on material change in circumstances. Strong preparation at the first hearing remains crucial — review is harder than getting it right the first time.
Related glossary terms
