What is Bail?

When someone is charged with an offence in Canada, they may be released by way of an Appearance Notice/Promise to appear or a Recognizance, pending their charges being dealt with in Court.

When charges are more serious, or other factors are surrounding the accused and the commission of the alleged offence, police may have difficulty releasing the accused and their release would have to be dealt with by way of a Bail Hearing.

It is important to understand that anyone that has been charged with an offence has a right to a Bail Hearing. This is guaranteed by the Section 11(e) of the Canadian Charter of Rights and Freedoms.

It is your right not to be denied reasonable Bail without just cause. Usually, if the Crown wants to keep you detained, they have to show the judge why. There are three grounds that the Crown can use to justify to the Judge or the Justice of the Peace, why you should remain in custody. These are:

  • Primary Ground – To ensure the accused’s attendance at Court;
  • Secondary Ground – For the protection and safety of the public from further crime and witnesses from interference;
  • Tertiary Ground – To maintain the confidence of the public in the administration of justice.

Why Have A Lawyer For Bail?

While the process of Bail may seem simple, it is important to deal with Bail, the right way from the initial stages of the Criminal Process. A lawyer has knowledge of the law and knows what is required to satisfy the Court that you should get released. If you make a mistake in the Bail Hearing, this could cost you your freedom and you could be stuck in jail until your matter is resolved through the courts. This process could take months!

Have Our Legal Team by Your Side and Let Us Handle This Situation for You

Our criminal defence lawyers have years of experience with Bail Hearings. We will communicate with the Police, the Crown, and the Court on your behalf, and fight for your release. If conditions are required for your Bail, we will negotiate with Crown to ensure they are reasonable on your behalf.

If you or someone that you know has been arrested, come see one of the lawyers at Shory Law. Let our knowledge and experience guide you and let us help you navigate through the Criminal Justice System.

Free Consultation

Contact us today for a FREE CONSULTATION and speak to one of our criminal lawyers immediately to take the next appropriate steps in dealing with your charges.

or dial 587-722-BAIL (2245)

FAQs

Can I be denied bail if I miss a court hearing?

Missing a court hearing can have serious consequences, potentially leading to a denial of bail. It is crucial to attend all court proceedings as required to maintain your eligibility for bail.

Do I have the right to a bail hearing?

Yes, under Section 11(e) of the Canadian Charter of Rights and Freedoms, anyone charged with an offense has the right to a Bail Hearing. This ensures that you are not denied reasonable bail without just cause. It is a fundamental right designed to protect your freedom while awaiting the resolution of your charges.

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