Criminal Defence · Bail & Judicial Interim Release
Bail Hearing Lawyer in Toronto
Reviewed by Fadi Matthew Kazandji, Founding Partner, Kazandji Law · Toronto criminal defence · Last reviewed: July 2026
An arrest can happen in minutes, but the hours that follow decide whether you sleep in your own bed or in a cell while your case slowly winds through the courts. If you or someone you love is being held for a bail hearing in Toronto or the Greater Toronto Area, time is genuinely working against you — and doing the right things quickly matters more than almost anything else that will happen in the case.
At Kazandji Law, our criminal defence team steps in fast to fight for release and to keep a frightened, exhausted person from making the small mistakes that keep people locked up longer than they need to be. This page explains how bail actually works in Canada in 2026 — the governing law, the three grounds the Crown can use to try to detain you, the situations where the burden shifts onto you, the "ladder" the court must climb before imposing strict conditions, what a surety really does, and how a bail hearing unfolds step by step in an Ontario courtroom. If you would rather talk it through right now, call 647-588-3234 for a free, confidential consultation, available 24/7.
One reassuring starting point: bail is a constitutional right. Section 11(e) of the Canadian Charter of Rights and Freedoms guarantees that anyone charged with an offence has the right "not to be denied reasonable bail without just cause."[1] That principle shapes everything that follows — but rights are only as strong as the preparation behind them, which is exactly why early, strategic advocacy is so important at this stage.
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Call 647-588-3234 Request a consultationWhat is bail? Judicial interim release explained
"Bail" is the everyday word for what the Criminal Code calls judicial interim release — the release of a person from custody while their criminal charge is still before the courts and before any trial has decided guilt. The person has not been convicted of anything. They are, in law, presumed innocent, and bail is the mechanism that lets that presumption mean something in practice by keeping people out of jail while their case is resolved.
The core provision is section 515 of the Criminal Code, headed "Judicial Interim Release." Its opening rule is deliberately release-favouring: when a person charged with most offences is brought before a justice, the justice must order their release — and, since Canada's 2019 bail reforms, must do so without conditions — unless the prosecutor, "having been given a reasonable opportunity to do so, shows cause … why the detention of the accused in custody is justified or why an order under any other provision of this section should be made."[2] In plain terms: release is the default, detention is the exception, and the onus normally sits on the Crown to justify anything more restrictive than a simple release.
This matters enormously in the room. It means a bail hearing is not a case where you must "prove you deserve" freedom. In the ordinary case, the Crown has to persuade the court that detention (or a particular condition) is warranted. Understanding who carries that burden — and there are important exceptions, discussed below — is the first thing an experienced bail lawyer establishes in any file.
Bail hearing, show-cause hearing, and "bail court"
You will hear several terms used for the same event. A bail hearing is also called a show-cause hearing — because it is the hearing at which someone must "show cause" (usually the Crown, sometimes the accused) on the question of release versus detention. In Ontario, these hearings take place in the Ontario Court of Justice, in what everyone simply calls "bail court." If your matter is at the show-cause stage, our show-cause hearing lawyers handle exactly this proceeding.
The three grounds for detention under section 515(10)
If the Crown wants you detained, it cannot simply say the charge is serious. The Criminal Code confines detention to one or more of three grounds, set out in section 515(10). These are the primary, secondary, and tertiary grounds, and the whole architecture of a contested bail hearing is built around them.[2]
The primary ground — will you come back to court? (s. 515(10)(a))
The primary ground asks whether detention "is necessary to ensure … attendance in court in order to be dealt with according to law." In other words: is there a real risk you will not show up for future court dates? Factors that bear on this include your ties to the community, your employment, your residence, your record of attending court in the past, and whether you have any history of failing to appear. A stable, verifiable plan that answers this concern directly is often the fastest route to release.
The secondary ground — public safety (s. 515(10)(b))
The secondary ground permits detention where it "is necessary for the protection or safety of the public, including any victim of or witness to the offence, or any person under the age of 18 years, having regard to all the circumstances including any substantial likelihood that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice." The key phrase is substantial likelihood — not a mere possibility. This is where most contested bail hearings are won or lost, and it is answered with a release plan that neutralizes the risk: appropriate sureties, a fixed residence, curfews or house arrest where warranted, no-contact terms, and abstention conditions.
The tertiary ground — public confidence (s. 515(10)(c))
The tertiary ground allows detention where it "is necessary to maintain confidence in the administration of justice," having regard to four listed factors: the apparent strength of the prosecution's case; the gravity of the offence; the circumstances surrounding it, including whether a firearm was used; and whether the accused is liable, on conviction, to a potentially lengthy term of imprisonment (or, for a firearm offence, a mandatory minimum of three years or more). The Supreme Court of Canada confirmed in R. v. St-Cloud (2015) that the tertiary ground is a genuine, free-standing basis for detention that is not to be applied only in rare or exceptional cases — but the four factors are considered together, and no single one is decisive.[3] This ground tends to arise in the most serious files, and it demands careful, evidence-based argument.
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Call 647-588-3234 Book a free consultationThe ladder principle: release on the least onerous terms
Even where some form of release is appropriate, the Crown does not get to jump straight to the strictest option. Canadian bail law follows what is known as the ladder principle, given its most authoritative statement by the Supreme Court of Canada in R. v. Antic (2017). The Court held that release "is favoured at the earliest reasonable opportunity and … on the least onerous grounds," and that this principle "must be adhered to strictly."[4]
Practically, that means the court must start at the bottom rung — release with no conditions, or the lightest conditions — and may only move up to a more restrictive form if the Crown shows why the less onerous option is inadequate. As the Court put it, "a justice of the peace or a judge cannot impose a more restrictive form of release unless the Crown has shown it to be necessary." Each rung "must be considered individually and must be rejected before moving to a more restrictive form of release," and it is an error of law to order a more restrictive form without justifying the rejection of the lighter ones.[4]
The ladder is now also reflected in the Criminal Code itself, which was amended in 2019 to direct that a justice impose the least onerous appropriate form of release and to exercise restraint before requiring a surety.[2] This is a powerful tool in the right hands: much of a skilled bail lawyer's work is arguing the case down the ladder — resisting a surety where a simple release order will do, resisting cash where a promise to pay is enough, and resisting house arrest where a curfew addresses the concern.
What Antic says about sureties and cash bail
The Court in Antic was specific about the two most onerous options. A recognizance with a surety "is one of the most onerous forms of release," and "a surety should not be imposed unless all the less onerous forms of release have been considered and rejected as inappropriate." Cash bail, the Court said, "should be relied on only in exceptional circumstances in which release on a recognizance with sureties is unavailable."[4] These are not mere suggestions — they are binding directions that a well-prepared lawyer holds the court to.
Reverse onus: when the burden shifts to you
The general rule is that the Crown must justify detention. But the Criminal Code identifies specific situations — set out in section 515(6) — where the burden flips, and the accused must show why detention is not justified. These are called reverse-onus situations, and identifying whether one applies is critical, because it changes who has to persuade the court.[2]
It is important not to overstate how broad reverse onus is. It is not a general rule that every serious charge shifts the burden. It applies only to defined categories, which currently include:
- An indictable offence allegedly committed while already released on another indictable charge — that is, offending said to have occurred while you were out on bail.
- Certain firearm and weapon offences, including specified offences involving the use of a firearm and a defined list of firearm-trafficking and possession offences.
- Criminal organization, terrorism, and certain national-security offences.
- Failure-to-comply offences under section 145(2) to (5) that are alleged to have been committed while at large on another matter.
- Certain intimate-partner-violence situations — specifically, where the accused is charged with an offence involving violence against an intimate partner and has a previous conviction or discharge for violence against an intimate partner. The reverse onus turns on that prior history, not merely on the fact of an intimate-partner charge.
- Certain repeat violent offending with a weapon, where the accused has a qualifying prior conviction within the preceding five years and both offences carry a maximum of ten years or more.
- Offences punishable by life imprisonment under the drug laws (the Controlled Drugs and Substances Act), such as serious trafficking.
- Offences listed in section 469 (for example, murder), where the bail question is dealt with by a superior court judge and the accused bears the onus.
Several of these categories were expanded by federal bail reform legislation that came into force in January 2024, which added a reverse onus for certain repeat violent offending with weapons, added firearm offences to the list, and broadened the intimate-partner-violence provision. It is fair to say those reforms enlarged the reverse-onus categories and added new community-safety considerations — but it is not accurate to say they created a presumption of detention for violent crime generally. Reverse onus shifts the burden of persuasion; it does not guarantee detention, and bail remains available in reverse-onus cases with the right plan.[5]
Because a reverse-onus finding changes the entire dynamic of the hearing, this is one of the first things we assess. If a reverse onus applies, the preparation has to be correspondingly stronger — and it is exactly the kind of hearing where experienced advocacy earns its keep.
Sureties: who they are and what they promise
For many people, release depends on a surety — and misunderstanding the role is one of the most common reasons a bail plan stumbles. A surety is a person (usually a family member or close friend) who comes to court, is approved by the justice, and takes on responsibility for the accused while they are out on bail. The surety promises to supervise the person, help ensure they obey their conditions and attend every court date, and pledges a sum of money that can be forfeited to the court if the accused breaches.
A few points that trip people up:
- In Ontario, a surety usually pledges money rather than handing it over. In most cases the surety does not deposit cash up front. They promise an amount, backed by their assets, and money is only actually paid if the court later orders forfeiture after a breach. Requiring an up-front cash deposit is the exception, not the norm.
- Forfeiture is not automatic. If the accused breaches, the Crown can bring an application (called an estreatment hearing) to forfeit some or all of the pledged amount. The surety can respond, and courts consider whether the surety was duly diligent. Forfeiture is discretionary, not a foregone conclusion.
- A good surety needs preparation. Sureties are almost always nervous, and an unprepared surety who "freezes" under questioning can sink an otherwise strong plan. Part of our job is walking your proposed surety through what to expect, what they are agreeing to, and how to present themselves credibly to the court.
- Sureties are meant to be a rung on the ladder, not the default. As Antic makes clear, a surety should not be imposed unless lighter forms of release have been considered and rejected. Where the concern can be met without a surety, we argue for that.
Forms of release and bail conditions
When a person is released, the Criminal Code (as modernized in 2019) provides for a single release order with escalating financial obligations, from lightest to most onerous: release with no financial obligation; a promise to pay a specified amount if you breach; an obligation to have one or more sureties; an obligation to deposit money or valuable security; and, for people who do not ordinarily live nearby, a deposit (with or without sureties).[2] The ladder principle governs which of these the court may impose.
Alongside the form of release, the court can attach conditions under section 515(4). Common conditions include reporting to a designated person or police station on a schedule; living at a specified address and notifying the court of any change; abstaining from communicating with named victims or witnesses; staying away from specified places; surrendering your passport; a curfew or house arrest; and abstaining from alcohol, drugs, or weapons. The Code also permits "any other reasonable conditions" the court considers desirable.[2]
Conditions are not supposed to be piled on reflexively. In R. v. Zora (2020), the Supreme Court of Canada cautioned that bail conditions must be tailored, necessary, and reasonable in the individual case, and warned against imposing numerous or unrealistic conditions that set people up to fail.[6] Fighting for conditions you can actually live with — ones that address the court's real concern without needlessly disrupting your job, your family, or your recovery — is a core part of the work, and conditions that prove unworkable can often be varied later.
How a bail hearing works in Toronto, step by step
Understanding the sequence helps demystify a frightening process and shows where a defence lawyer adds value at each stage. Most bail matters in Toronto and the GTA move through the same steps.
1. Arrest and the decision to hold or release
After an arrest, the police make a first decision: release you at the station (on an appearance notice or an undertaking, sometimes with conditions) or hold you for a bail hearing before a justice. For less serious matters, station-level release is common. For more serious charges, a prior record, or an alleged breach, the police may hold you for court. From the moment of arrest or detention, your right to counsel under section 10(b) of the Charter is engaged — you must be told of your right to a lawyer and given a real chance to speak with one before questioning. Use it, and say nothing about the allegations until you have.
2. Held for a bail hearing and the 24-hour rule
If you are held, the law requires that you be brought before a justice promptly. Section 503 of the Criminal Code provides that where a justice is available within 24 hours of arrest, you must be taken before a justice without unreasonable delay and, in any event, within that 24-hour period; if no justice is available within 24 hours, you must be brought before one as soon as possible.[7] This is why bail so often unfolds within a single day — and why a lawyer who can be reached immediately matters so much.
3. The Crown reviews the file and takes a position
Before the hearing, the Crown reviews the allegations, your record, and the circumstances, and decides whether to consent to release (and on what terms) or to seek detention. Where the Crown is prepared to consent to release on a workable plan, a contested hearing can sometimes be avoided altogether. Where it seeks detention, the show-cause hearing proceeds.
4. Duty counsel, and building your release plan
Duty counsel from Legal Aid Ontario play a central role in Ontario bail courts and assist a large share of people at the bail stage, including in the cells. But for a contested hearing, or where the stakes are high, having your own lawyer prepare and present a tailored release plan — the right surety, a fixed residence, sensible conditions, and answers to the Crown's specific concerns — can be decisive. In Toronto, adult bail hearings for many matters are handled through the Toronto Regional Bail Centre at 2201 Finch Avenue West, with hearings routinely conducted by video.[8]
5. The hearing itself
At the hearing, the party with the onus goes first. In an ordinary case the Crown presents its position on why detention or particular conditions are needed; in a reverse-onus case, the defence leads. Your lawyer presents the release plan, may call your surety to testify and be cross-examined, challenges the Crown's position, and makes submissions on the three grounds and the ladder principle. Bail hearings are often decided the same day.
6. The decision — and what happens next
The justice or judge then decides to release you without conditions, release you on a release order with conditions, or order your detention. If you are released, you must follow every condition to the letter. If you are detained, that is not necessarily the end of the road — a bail review may be available, as explained below. Note that if your matter is adjourned or remanded, the law limits any single adjournment to no more than three clear days without your consent.[9]
If bail is denied: bail review in the Superior Court
Being denied bail at the first hearing is a serious setback, but it is not always final. The Criminal Code provides for a bail review — an application to a judge of the superior court to review the justice's decision. An accused can apply under section 520; the prosecutor has a parallel right under section 521 (for example, to review a release the Crown considers too lenient).[10]
A bail review is not simply a second attempt at the same hearing. The Supreme Court in St-Cloud set out when a reviewing judge may intervene: where there is admissible new evidence showing a material and relevant change in circumstances; where the justice made an error of law; or where the decision was clearly inappropriate — for instance, by giving excessive or insufficient weight to a relevant factor. Only if one of those thresholds is met may the reviewing judge decide the question afresh.[3] A well-founded bail review, built on a genuinely improved plan or a real legal error, can turn a detention into a release.
Breaching bail: failure to comply under section 145
Once you are on bail, your conditions are legally binding, and breaching them is itself a criminal offence. Under the Criminal Code as restructured in 2019, breaching a condition of a court-ordered release order is an offence under section 145(5), while breaching a condition of a police undertaking falls under section 145(4); failing to attend court is dealt with separately under section 145. These are hybrid offences, meaning the Crown can proceed by indictment (up to two years) or by summary conviction.[11]
Two things are worth knowing. First, a breach charge is not automatic proof of guilt: in R. v. Zora, the Supreme Court held that the offence requires subjective fault — the Crown must prove you knowingly or recklessly failed to comply, not merely that a breach occurred.[6] Second, a breach can have knock-on effects on any future bail: a new offence allegedly committed while on release, or a breach while at large, can trigger a reverse onus on the next bail hearing (see above). If you are charged with breaching your conditions, our failure-to-comply lawyers defend these charges and address the impact on your existing release.
Bail in specific situations
The grounds and the ladder apply across the board, but the practical challenges vary a great deal by charge type. A few of the situations we most often handle:
- Domestic and intimate-partner assault. These files are taken very seriously and frequently involve no-contact conditions and a reverse onus where there is a qualifying prior. Release is often still achievable with the right surety and plan; if you are charged, see our domestic assault lawyers, and if the allegation is misconduct while already on bail, our domestic misconduct while on bail page.
- Assault and violent offences. The secondary and tertiary grounds loom largest here. See our assault offence lawyers.
- Drug charges. Bail for serious trafficking can engage a reverse onus where the offence is punishable by life imprisonment; simple matters are usually more straightforward. See our drug trafficking lawyers and the broader drug offence overview.
- Weapons and firearm offences. A defined list of firearm offences carries a reverse onus, and the tertiary ground expressly references firearm use. See our weapons offence lawyers and firearms offence lawyers.
- Serious personal offences and sexual offences. These often turn on carefully constructed plans addressing public safety and confidence. See our sexual assault defence lawyers.
- Youth matters. Bail for young persons is governed by additional protections, and we approach these files accordingly.
Common myths about bail in Ontario
"I have to prove I deserve bail." Usually the opposite. In the ordinary case the Crown must show cause why you should be detained; the burden only shifts to you in the specific reverse-onus situations listed in the Code.
"A serious charge means no bail." Not so. Bail is a Charter right, and even serious charges are frequently resolved with release on appropriate conditions. Seriousness feeds into the grounds — it does not, by itself, end the inquiry.
"A surety has to hand over cash to the court." Rarely. In Ontario a surety normally pledges an amount backed by their assets; money is paid only if the court later orders forfeiture after a breach. Up-front cash deposits are the exception.
"If I'm denied bail, that's the end." Not necessarily. A bail review in the Superior Court under section 520 can succeed where there is new evidence, a legal error, or a decision that was clearly inappropriate.
"Bail conditions are just formalities." They are legally binding. Breaching a condition is a separate criminal offence under section 145 and can trigger a reverse onus on any future bail. Take every condition seriously.
"I can explain my way out of it at the station." Explaining almost never helps and often supplies evidence the Crown was missing. Exercise your right to silence and speak to a lawyer first.
Arrested? What to do right now
- Call a bail lawyer immediately. Bail can move within 24 hours. The earlier we start, the stronger your release plan and the better your chance of getting out quickly.
- Do not talk to police about the allegations. Be polite and provide identification if required, but exercise your right to silence. You are not required to answer questions, and doing so usually makes things worse.
- Line up a potential surety. Think of a responsible, reliable person — ideally someone with stable finances and no record — who is willing to supervise you and come to court. We will prepare them for what to expect.
- Gather your plan details. Where you will live, your employment, and any counselling or supports all strengthen a release plan. Have this information ready for your lawyer.
- If you are not a Canadian citizen, tell your lawyer at once — detention and conditions can carry immigration consequences, which can change the strategy.
- Once released, obey every condition exactly. A breach is a new charge and can jeopardize your release and any future bail.
Why choose Kazandji Law for your bail hearing
Kazandji Law is a Toronto criminal and family law firm built on a proactive, no-nonsense approach with a genuine personal touch. Bail rewards speed and preparation in equal measure: reaching a lawyer quickly, assembling the right surety, anticipating the Crown's position on each of the three grounds, and holding the court to the ladder principle so that conditions go no further than the case actually requires. We move fast because your freedom will not wait, we speak in plain language when you are frightened and overwhelmed, and we support the family members who so often carry the weight of a loved one's arrest.
We appear in the Ontario Court of Justice and Superior Court locations across the Greater Toronto Area, and we handle bail hearings, show-cause hearings, and bail reviews wherever they arise — downtown Toronto, North York, Scarborough, Etobicoke, Thornhill, Vaughan, Markham, Oakville, and beyond. Our Toronto office is located at 180 John St., Unit 320. You can meet our team, review our case results, and explore our full range of criminal defence services — from appeals to record suspensions.
Every hour in custody counts.
If you or someone you love is being held right now, call us. We are ready to help 24/7 and can begin building a release plan today.
Call 647-588-3234 Contact Kazandji LawFrequently asked questions
What is a bail hearing?
A bail hearing — also called a show-cause hearing — is the court proceeding that decides whether a person charged with an offence will be released from custody while their case is ongoing, and on what terms. In law it is called judicial interim release, and it is governed by section 515 of the Criminal Code. In most cases the Crown must show cause why detention is justified; the accused is presumed innocent throughout.
How quickly does a bail hearing happen in Ontario?
Usually very quickly. Under section 503 of the Criminal Code, a person who is held after arrest must be brought before a justice without unreasonable delay and, where a justice is available, within 24 hours; if no justice is available within 24 hours, then as soon as possible. This is why it is so important to reach a bail lawyer immediately after an arrest.
Who has to prove what at a bail hearing?
In the ordinary case, the Crown carries the burden and must show cause why you should be detained, on one or more of the three grounds in section 515(10). In certain reverse-onus situations listed in section 515(6), the burden shifts to the accused to show why detention is not justified. Whether a reverse onus applies is one of the first things a bail lawyer determines.
What are the three grounds for detention?
Section 515(10) allows detention only to ensure the accused attends court (the primary ground), to protect the safety of the public including victims and witnesses (the secondary ground), or to maintain public confidence in the administration of justice having regard to factors like the strength of the case and the gravity of the offence (the tertiary ground). Detention must be justified on at least one of these grounds.
What is reverse onus bail?
Reverse onus means the accused, rather than the Crown, must show why they should be released. It applies only in specific situations set out in section 515(6) — for example, an indictable offence allegedly committed while already on release, certain firearm and weapon offences, criminal organization and terrorism offences, some repeat intimate-partner-violence cases, and serious drug offences punishable by life. It is not a general rule for all serious charges, and bail can still be granted in reverse-onus cases with a strong plan.
What does a surety do?
A surety is a person who is approved by the court to supervise the accused on bail, help ensure they follow their conditions and attend court, and who pledges a sum of money that may be forfeited if the accused breaches. In Ontario a surety usually pledges the amount rather than depositing cash up front; money is generally paid only if the court later orders forfeiture after a breach. A prepared, credible surety can be central to getting released.
Can I get bail if I am charged with domestic assault?
Often, yes. Domestic and intimate-partner charges are treated seriously and frequently involve no-contact conditions, and a reverse onus can apply where there is a qualifying prior conviction or discharge for violence against an intimate partner. Even so, release is regularly achievable with an appropriate surety and a carefully prepared plan. The key is thorough preparation before the hearing.
What is the ladder principle?
The ladder principle, confirmed by the Supreme Court of Canada in R. v. Antic, requires the court to release a person on the least onerous appropriate terms and to move to a more restrictive form of release only if the Crown shows the lighter option is inadequate. Each rung must be considered and rejected before moving up. Sureties and cash bail sit near the top of the ladder and should not be imposed unless less onerous forms have been considered and rejected.
What happens if the judge denies bail?
Detention at the first hearing is not always the end. You may apply for a bail review before a judge of the Superior Court under section 520 of the Criminal Code. A reviewing judge can intervene where there is admissible new evidence showing a material change in circumstances, an error of law, or a decision that was clearly inappropriate. A well-founded review, often built on an improved release plan, can result in release.
Can my bail conditions be changed later?
Yes. If conditions such as a curfew, a no-contact order, or reporting requirements prove too restrictive or interfere with work, family, or treatment, it is often possible to apply to vary them — with the Crown's consent or, where necessary, through a bail review. The Supreme Court has emphasized that bail conditions should be tailored and necessary, not piled on reflexively.
What are the consequences of breaching bail conditions in Ontario?
Breaching a condition of a release order is a separate criminal offence under section 145 of the Criminal Code and is a hybrid offence carrying up to two years by indictment. A breach can lead to re-arrest, a new charge, and a harder time getting released again — including a possible reverse onus on any future bail. That said, the Crown must prove you breached knowingly or recklessly, so breach charges are defensible.
Do I really need a lawyer for a bail hearing?
Bail is one of the most time-sensitive and consequential moments in a criminal case, and the difference between going home and being detained often comes down to preparation. While duty counsel assist many people at the bail stage, a dedicated lawyer who builds a tailored release plan, prepares your surety, and argues the grounds and the ladder principle can be decisive — especially in contested or reverse-onus hearings. Kazandji Law offers a free consultation and can act immediately.
Related pages
- Criminal defence overview
- Toronto criminal defence
- Show-cause hearings
- Failure to comply / breach
- Domestic misconduct while on bail
- Domestic assault
- Assault offences
- Drug trafficking
- All drug offences
- Weapons offences
- Firearms offences
- Sexual assault defence
- 810 recognizance / peace bonds
- Criminal appeals
- Record suspensions (pardons)
- North York criminal lawyers
- Meet our team
- Our case results
Sources & legal references
- Canadian Charter of Rights and Freedoms, s. 11(e), Part I of the Constitution Act, 1982 (right not to be denied reasonable bail without just cause): laws-lois.justice.gc.ca/eng/const/page-12.html.
- Criminal Code of Canada (R.S.C. 1985, c. C-46), s. 515 (judicial interim release; release order and show cause s. 515(1); forms of release s. 515(2); least-onerous-form and surety-restraint s. 515(2.01)–(2.03); conditions s. 515(4); grounds for detention s. 515(10); reverse onus s. 515(6)): laws-lois.justice.gc.ca/eng/acts/C-46/section-515.html.
- R. v. St-Cloud, 2015 SCC 27 (tertiary ground under s. 515(10)(c); standard for bail review): canlii.org/en/ca/scc/doc/2015/2015scc27/2015scc27.html.
- R. v. Antic, 2017 SCC 27, [2017] 1 S.C.R. 509 (the ladder principle; least onerous form of release; sureties and cash bail as onerous forms — see para. 67): canlii.org/en/ca/scc/doc/2017/2017scc27/2017scc27.html.
- An Act to amend the Criminal Code (bail reform), S.C. 2023, c. 30 (former Bill C-48; in force January 4, 2024 — expanded reverse-onus categories for repeat violent weapon offences, firearm offences, and intimate partner violence; added community-safety considerations): canada.ca/en/department-justice/news/2023/12/reforms-to-strengthen-canadas-bail-system-and-help-keep-communities-safe-to-become-law.html; consolidated s. 515: laws-lois.justice.gc.ca/eng/acts/C-46/section-515.html.
- R. v. Zora, 2020 SCC 14 (breach of bail conditions requires subjective fault; bail conditions must be tailored, necessary, and reasonable): canlii.org/en/ca/scc/doc/2020/2020scc14/2020scc14.html.
- Criminal Code of Canada, s. 503 (taking a person before a justice — within 24 hours where a justice is available, otherwise as soon as possible): laws-lois.justice.gc.ca/eng/acts/C-46/section-503.html.
- Ontario Court of Justice, "Toronto – Regional Bail Centre," 2201 Finch Ave. West, Toronto (adult bail matters): ontariocourts.ca/ocj/locations/toronto-regional-bail-centre/. On the role of duty counsel at bail, see Legal Aid Ontario: legalaid.on.ca.
- Criminal Code of Canada, s. 516 (remand in custody; no adjournment for more than three clear days except with the accused's consent): laws-lois.justice.gc.ca/eng/acts/C-46/section-516.html.
- Criminal Code of Canada, s. 520 (review of order by the accused) and s. 521 (review by the prosecutor) — application to a judge of the superior court: laws-lois.justice.gc.ca/eng/acts/C-46/section-520.html; laws-lois.justice.gc.ca/eng/acts/C-46/section-521.html.
- Criminal Code of Canada, s. 145 (failure to attend court; failure to comply with an undertaking s. 145(4) or a release order s. 145(5); hybrid offence — structure current following 2019 amendments, S.C. 2019, c. 25): laws-lois.justice.gc.ca/eng/acts/C-46/section-145.html.
Disclaimer: This page provides general legal information about Canadian and Ontario bail (judicial interim release) law and is not legal advice. Laws, procedures, and prosecutorial practices change, and how they apply depends on the specific facts of your case. For advice about your situation, contact a lawyer. Contacting Kazandji Law does not create a solicitor-client relationship until a retainer is signed.