Being arrested and held in custody can turn your life upside down. A bail hearing may determine whether you can return home, continue working, remain with your family, and participate more effectively in preparing your defence while your criminal case proceeds.

Pre-trial detention can affect your employment, housing, personal relationships, financial stability, and ability to communicate with your lawyer. The consequences can extend well beyond the immediate period in custody.

At Lex Magnus Law, based in Toronto, Ontario, we recognize the urgency of bail matters. A carefully prepared release plan, a thorough understanding of the allegations, and a focused response to the Crown’s concerns can be important factors in a bail hearing.

Our approach is to assess the circumstances of your arrest, identify the issues relevant to detention, and develop a release proposal that addresses the court’s concerns while respecting your legal rights.

If you or a family member has been arrested and is being held for a bail hearing, obtaining legal advice promptly is important.

The Canadian Charter of Rights and Freedoms protects the right not to be denied reasonable bail without just cause under section 11(e).

In general, the bail system recognizes the importance of release before trial, subject to lawful and justified restrictions. The Crown must ordinarily justify detention under the applicable legal test. However, certain offences and circumstances create a reverse-onus situation, meaning the accused must demonstrate why release is justified.

Reverse-onus provisions may apply in circumstances specified by the Criminal Code, including certain allegations involving offences committed while already on release and particular firearms, violence, or other serious offences.

The applicable burden depends on the circumstances of the case and the legislation in force at the relevant time. The precise legal requirements should be assessed individually rather than assumed to be the same for every accused person.

At Lex Magnus Law, we can explain how the bail process applies to your circumstances, identify the relevant legal issues, and help you understand the options available to seek release.

Bail hearings generally take place before a justice of the peace or a judge, depending on the offence and the court’s jurisdiction. Under Ontario’s criminal court procedures, an accused person in police custody must generally be brought before a justice within 24 hours if one is available, or as soon as possible otherwise. Weekend and statutory holiday bail courts help accommodate hearings outside regular court hours.

1. The Crown’s Position on Release

The Crown presents its position on whether the accused should be released or detained. Depending on the circumstances, the Crown may raise concerns about attending court, public safety, compliance with release conditions, or public confidence in the administration of justice.

Relevant considerations may include the allegations, criminal record, prior compliance with court orders, and the proposed release arrangements.

2. The Defence Release Plan

The defence presents a release proposal designed to address the concerns raised by the Crown. This may involve proposed sureties, a stable residence, supervision arrangements, employment information, and appropriate conditions.

Where the accused bears the burden of showing cause for release, the plan must address the applicable legal requirements.

3. The Court’s Decision

The justice or judge determines whether detention is justified under the applicable law. If release is ordered, the court decides whether conditions are necessary and what those conditions should be.

A well-prepared release plan can help the court assess whether identified risks can be managed in the community. However, every bail decision depends on the particular facts and legal requirements of the case.

Under section 515(10) of the Criminal Code, detention may be justified on one or more of three grounds. Understanding these grounds is central to preparing an effective bail hearing.

Primary Ground: Will You Attend Court?

The primary ground concerns whether detention is necessary to ensure the accused attends court as required.

Relevant considerations may include:

• Family and community connections.

• Employment or educational commitments.

• Stability of residence.

• Previous attendance at court.

• Immigration status and other circumstances relevant to the likelihood of appearing.

A release proposal should demonstrate how the accused can reliably attend future court dates. Depending on the circumstances, a stable residence, a responsible surety, or a clear supervision arrangement may help address the court’s concerns.

Secondary Ground: Protection and Public Safety

The secondary ground concerns whether detention is necessary for the protection or safety of the public, including any substantial likelihood of further offending or interference with the administration of justice.

The court may consider:

• The nature and seriousness of the allegations.

• The apparent strength of the Crown’s case.

• The accused’s criminal history and previous compliance with court orders.

• Any relevant concerns involving witnesses or alleged victims.

• Whether proposed release conditions can adequately address identified risks.

The defence may respond by presenting a practical supervision plan and proposing appropriate restrictions that address the specific concerns raised.

Tertiary Ground: Maintaining Public Confidence in the Administration of Justice

The tertiary ground addresses whether detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including the statutory factors.

These factors include the apparent strength of the Crown’s case, the gravity of the offence, the circumstances surrounding its commission, and the potential length of the sentence if the accused is convicted.

Under amendments that came into force on July 15, 2026, the number and gravity of outstanding charges arising from separate events must also be considered under the statutory framework.

This ground can be particularly important in cases involving serious allegations, firearms, or significant violence. The court must apply the statutory test while respecting the presumption of innocence and the accused’s constitutional rights.

At Lex Magnus Law, we assess which grounds are likely to be central to the hearing and tailor the release proposal to the legal issues in your case.

Every bail hearing requires an assessment of the individual circumstances, the applicable legal test, and the risks identified by the Crown. Our approach focuses on preparing a practical, evidence-based release proposal and addressing the issues that matter to the court.

1. Developing a Strong Release Plan

A release plan should be realistic, properly supported, and tailored to the circumstances of the accused. Depending on the case, preparation may involve the following.

Sureties and supervision

A surety is a person approved by the court to supervise the accused and accept legal responsibilities under the release order. A proposed surety may be a family member or another suitable person who understands the allegations, the proposed conditions, and the obligations involved.

We can help assess potential sureties and prepare them to explain their ability to supervise the accused and comply with their responsibilities.

The Criminal Code also restricts the appointment of certain people as sureties, including people convicted of an indictable offence within the preceding ten years, subject to a limited exception where no other suitable surety is available and the interests of justice support the appointment.

Residential arrangements

The court may consider where the accused will live, who will be present, and whether the proposed residence addresses any concerns raised by the allegations.

Employment and education

Information about employment, education, family responsibilities, or other community connections may help demonstrate stability and provide context for the release proposal.

Treatment and support programs

Where relevant, a plan involving counselling, treatment, or other community supports may help address concerns raised in the case. Any proposed program should be realistic and consistent with the accused’s circumstances.

The appropriate plan will depend on the allegations, the applicable burden of proof, and the concerns the court must consider.

2. Proposing Appropriate Bail Conditions

Bail conditions should address legitimate concerns while remaining clear, workable, and proportionate to the circumstances.

Depending on the case, proposed conditions may include:

• Reporting to police or another designated authority.

• A curfew or residence requirement.

• Restrictions on contact with specified individuals.

• Restrictions on attending certain locations.

• Restrictions relating to alcohol, drugs, or weapons where legally justified.

• Surrender of a passport or other travel documents, where appropriate.

Conditions that are unnecessarily broad or difficult to follow can create practical problems and increase the risk of alleged breaches.

Lex Magnus Law can assess the proposed conditions, identify potential concerns, and advocate for terms that are appropriate to the circumstances and consistent with the applicable law.

3. Responding to the Crown’s Detention Position

A bail hearing involves more than presenting a release plan. The defence must also assess and respond to the Crown’s arguments.

Depending on the circumstances, this may involve examining the allegations, addressing relevant information about the accused, challenging the basis of particular risk concerns, and presenting appropriate evidence or submissions.

The objective is to ensure the court has a clear understanding of the relevant circumstances and the proposed arrangements for release.

If you have been denied bail, you may be able to apply for a bail review before the Ontario Superior Court of Justice.

A bail review is not simply a second opportunity to repeat the original hearing. The reviewing court applies the governing legal framework and considers whether the requirements for intervention have been met.

Depending on the circumstances, relevant issues may include an error in the original decision, a decision that was clearly inappropriate, or new evidence demonstrating a material change in circumstances.

Examples of developments that may warrant assessment include:

• A suitable surety becoming available.

• A revised residence or supervision plan.

• New information relevant to the concerns raised at the original hearing.

• A material change in the circumstances affecting the detention decision.

The availability and merits of a bail review depend on the particular case and the applicable legal requirements.

Lex Magnus Law can review the original decision, assess whether there are grounds to seek a review, and explain the potential next steps.

Sometimes, the conditions imposed at a bail hearing become difficult to follow because circumstances change.

Examples may include:

• A new employment opportunity that conflicts with an existing curfew.

• A necessary change of residence.

• A proposed adjustment to reporting requirements.

• A request to vary a no-contact or geographic restriction.

The appropriate procedure depends on the release order and the circumstances. Some changes require a formal court application or the consent of the relevant parties; others may be governed by different statutory procedures.

Do not assume you can change a bail condition yourself. Until it has been lawfully changed, you must comply with the existing order.

Lex Magnus Law can assess whether a variation may be available and advise on the appropriate process for seeking a lawful change.

An arrest can occur at any time, including evenings, weekends, and statutory holidays. Being arrested outside regular business hours does not mean that your situation can wait until the next ordinary court day.

Ontario operates Weekend and Statutory Holiday (WASH) bail courts to accommodate bail proceedings outside regular court hours. The Ontario Court of Justice also emphasizes timely bail hearings and taking reasonable steps to accommodate matters when the parties are ready to proceed.

If you or a family member is in custody, prompt legal assistance can help you understand the process, begin gathering information for a release plan, and identify the steps that may be required before the hearing.

Lex Magnus Law is based in Toronto, Ontario. Contact the firm to confirm the availability of legal assistance for your specific bail matter and location.

Every day spent in pre-trial custody can affect your work, family responsibilities, housing, and ability to prepare your defence. Although release cannot be guaranteed, early legal assistance can help ensure that your circumstances and potential release options are assessed without unnecessary delay.

If you or a loved one has been arrested and is awaiting a bail hearing, consider taking these steps:

• Contact a criminal defence lawyer as soon as possible.

• Gather information about the allegations, the court date, and any existing release orders.

• Identify potential sureties who understand their responsibilities and are willing to assist.

• Prepare details about your proposed residence, employment, and supervision arrangements.

• Avoid discussing the allegations with witnesses or complainants, particularly where communication restrictions may apply.

At Lex Magnus Law, we understand that an arrest creates immediate uncertainty for both the accused and their family. Our focus is on helping you understand the bail process, evaluate your options, and prepare for the next stage of your case.

If you or someone close to you is in custody or facing a bail hearing in Toronto or elsewhere in Ontario, obtaining timely legal advice is an important step.

Whether you need assistance preparing for an initial bail hearing, reviewing a detention decision, or seeking a variation of existing release conditions, Lex Magnus Law can help you understand the legal process and the options available in your circumstances.

Contact Lex Magnus Law to discuss your situation and determine the appropriate next steps.

This webpage provides general legal information and is not a substitute for legal advice. Bail outcomes depend on the specific facts, the applicable law, and the court’s assessment. No particular outcome or release decision is guaranteed.