I Have To Make Bail – What Should I Do?
Section 11 of The Canadian Charter of Rights and Freedoms states that “Any person charged with an offence has the right… (e) not to be denied reasonable bail without just cause.” Bail is a court order, allowing a person charged with a criminal offence to be out of jail while they wait for their trial, or the resolution of their case.
After arrest, there is one of two possibilities, a person may be released pending the first court appearance or held in custody. In the latter circumstance, the accused must be brought before a justice within 24 hours, at which time the accused could have a bail hearing before a justice.
THE BAIL HEARING PROCESS
Generally, at a bail hearing, the Crown has to “show cause” as to why an accused should not be released however, in certain cases there is a “reverse onus”, where the onus is placed on the accused, rather than the Crown, to show cause as to why they should be released.
For an accused to be released on bail, the Court must be satisfied that the accused will attend court when required, will not reoffend, won’t pose a risk to the public and that the release is not going to undermine public confidence in the criminal justice system.
WHAT IS A SURETY?
In some circumstances, a surety will be required to ensure the accused’s compliance with the bail conditions imposed by the court. A surety is a member of the public who undertakes to make sure that the accused person attends all court appointments, complies with all of their conditions of bail, and does not commit a new offence, otherwise they risk forfeiting a specified amount of money. It is important to note that surety releases are some of the most onerous types of releases, and yet this type of release has become commonplace, notwithstanding the ladder approach directed by the Code.
According to statute, the approach to bail, follows a “ladder approach” which prescribes that each possible form of release is to be considered and ruled out in turn, until the court comes to the least onerous form of release that would be appropriate in the circumstances, while being mindful of the necessity of exercising restraint in the use of detention and imposing conditions of release.
However, the situation on the ground is more complex given the erosion and the disregard for the ladder approach to forms of release. It is because of this erosion of the presumption of release before trial why it is necessary to have an experienced lawyer zealously advocating on your behalf, more so because an accused only gets one chance at a bail hearing.
There is a lot of legal jargon and terms that make bail sound more difficult than it is. We have been through the process countless times.
No matter why you need us, our expert team of lawyers will treat you with passion, dignity, and respect through every step of the legal process. We’re dedicated to protecting your rights, and commit to fighting on your behalf to ensure the best possible outcome.
As soon as you or someone you know has been charged with a criminal offence or has an issue related to real estate, call us right away and get our team on your side.
