Bail (Judicial Interim Release)
Bail — formally called judicial interim release — is the release of an accused person from custody while the criminal case is pending. Section 11(e) of the Charter guarantees the right not to be denied reasonable bail without just cause, and the Supreme Court of Canada has repeatedly affirmed that release on the least restrictive terms possible is the default.
Police release vs. bail hearing
After arrest, police can release a person on an undertaking for many less serious matters. Where police choose not to release, the accused must be brought before a justice of the peace within 24 hours (or as soon as practicable) for a bail hearing.
The three grounds for detention
At a bail hearing, the court considers three statutory grounds for detention. The primary ground is the likelihood the accused will fail to attend court. The secondary ground is the protection of the public, including any victim or witness, having regard to all the circumstances and the likelihood of further offences. The tertiary ground is whether detention is necessary to maintain confidence in the administration of justice — used most often for the most serious offences and the strongest Crown cases.
Crown onus vs. reverse onus
On most charges, the Crown must show cause why the accused should be detained. On certain enumerated offences — including most firearm offences, intimate partner violence with a prior conviction, and breaches committed while on existing release — the onus is reversed: the accused must show why release is justified. See our page on reverse onus for more detail. Bill C-48 (in force in 2024) expanded the categories.
Sureties and conditions
In contested cases, release often depends on having one or more sureties in place. A surety is a person — typically a family member — who agrees to supervise the accused and pledges money the court can forfeit if conditions are breached. Conditions commonly include residence requirements, curfews, no-contact orders, abstaining from alcohol, and reporting to a probation officer.
Why bail outcomes shape the rest of the case
A successful release sets the foundation for an effective defence — and gives the accused the freedom to work with counsel, gather evidence, and meet family and employment obligations. Mass Tsang's bail hearing lawyers appear in courts across the GTA and are available 24/7. To learn what's involved in pre-trial release, see our explainer on seeking pre-trial release.
Related glossary terms
