Bail Review
A bail review is an application to the Superior Court of Justice for reconsideration of a bail decision made by a justice of the peace or judge in the Ontario Court of Justice. Under sections 520 and 521 of the Criminal Code, both the accused (challenging detention or conditions) and the Crown (challenging release or conditions) can seek review. Reviews are common but procedurally demanding.
For more on the bail framework, see our blog post on the Bail Reform Act.
Grounds for review
A bail review is not a fresh hearing — it is a review of the original decision. The reviewing court considers three potential grounds: (1) error of law in the original decision; (2) clearly inappropriate decision on the original record; or (3) material change in circumstances since the original hearing. Material change is the most common ground in practice — a new surety, new conditions, a job offer, or new information about the strength of the Crown's case.
Procedure
The application is brought by notice with a supporting affidavit and a transcript of the original hearing. The Crown responds, often with its own materials. Submissions are heard by a Superior Court judge. The accused is typically present, sometimes by video. Decisions are usually given orally at the conclusion of the hearing, with written reasons in more complex cases.
Possible outcomes
The Superior Court can confirm the original order, vary the conditions, order release where detention was originally ordered, or order detention where release was originally ordered (on Crown review). Reviews are not appeals; a further review requires fresh material change or new grounds.
Strategic considerations
Bail reviews succeed when they're prepared carefully — a strong new release plan, clearly framed grounds, and a careful read of the original transcript for legal errors. A poorly prepared review can entrench detention and make a third try harder. The lawyers at Mass Tsang LLP take a methodical approach to review preparation, working with sureties and gathering the evidence needed to change the outcome.
Related glossary terms
