Yes, a second release is possible, but the rules change against you. Once you are charged with breaching a release order, the burden flips. Instead of the Crown proving why you should be detained, you have to show cause why your detention is not justified. That is called reverse onus, and it is the single biggest reason a second bail hearing is harder than the first.
Nobody sets out to breach. A shift runs late and blows the curfew. A phone dies before a check-in. A text goes to the wrong person during an argument. Then police are involved, there is a new charge, and the release you already had is suddenly in jeopardy too. So here is how getting bail after breaching bail actually works in Ontario, what the court will be weighing, and what a realistic second plan looks like.
What Happens Legally After You Breach Bail?
Two things happen at once, and it is important to see them as separate. You face a new criminal charge for the breach itself, and the Crown can move to cancel the bail you were already on.
That second piece runs through section 524 of the Criminal Code. The Crown applies to revoke your existing release order, arguing either that you contravened it or that there are reasonable grounds to believe you committed an indictable offence while released. If the court is satisfied a breach occurred, the release order can be cancelled, and at that point detention becomes the default position unless you can justify release.
The section 524 hearing is usually the more consequential part of the whole situation, and people underestimate it because they are focused on the new breach charge. The breach charge might eventually be withdrawn or resolved with a peace bond. The revocation hearing determines whether you sit in custody for the months or years it takes the original case to finish.
Money is exposed too. If a surety pledged an amount, or you deposited funds, the court can begin forfeiture proceedings. The Criminal Code requires at least ten days’ notice before a forfeiture hearing, and the judge can order all, part, or none of the pledged amount forfeited depending on how the surety handled their duties. If you want the full picture of the breach side specifically, we cover it in more depth in our piece on what happens if you breach bail in Ontario.
Why Is Getting Bail After Breaching Bail So Much Harder?
Because of reverse onus. Under section 515(6) of the Criminal Code, when you are charged with an offence allegedly committed while already on release, the burden of proof shifts from the Crown onto you.
In an ordinary bail hearing, release is the rule and detention is the exception. The Crown has to justify keeping you in custody. Flip that, and the court’s starting posture becomes detention, with you needing to demonstrate on a balance of probabilities that your detention is not justified. That is a genuinely different hearing, and it demands a genuinely different plan.
Judges also read a breach as evidence about the plan itself, not just about you. If the last set of conditions did not hold, the natural question is why any new set would. That inference is the real obstacle in getting bail after breaching bail, and answering it directly is what separates a successful second hearing from a failed one.
Something worth knowing about who this hits hardest: research on Ontario’s bail system has found that racialized and disabled accused are less likely to be released at the outset, and when they are released, more likely to face harsher conditions. Harsher conditions produce more breaches. It is a loop, and it is one reason a lawyer who can explain the circumstances behind a breach matters so much at a section 524 hearing.
What Are the Court’s Options at a Section 524 Hearing?
The court has three realistic paths, and only one of them means custody until trial. A judge can revoke bail and order detention, release you again on new and stricter conditions, or in limited cases continue the existing release with a warning.
What tends to push toward each outcome:
- Detention until trial becomes likely where the breach was deliberate, involved contact with a complainant, or came alongside a new substantive offence
- Release on stricter terms is common where the breach was technical or explainable, and where a stronger supervision plan is on the table, meaning a new surety, a tighter curfew, house arrest, or a larger pledge
- Continuation of the existing bail happens rarely, usually only where the alleged breach is minor and the surrounding circumstances are sympathetic
Two things move the needle more than anything else at this stage. The nature of the breach, meaning whether it looks like defiance or like a phone that died on a bus. And the strength of what you are proposing now, because the court is not being asked to trust the old plan again. It is being asked whether a different one can work.
What Makes a Second Bail Hearing Actually Succeed?
A plan that visibly answers the failure of the first one. Vague reassurance does nothing at a reverse onus hearing. The court needs concrete structure addressing exactly what went wrong.
Elements that carry real weight:
- A new or additional surety, particularly someone with more availability or authority than the previous one had
- A change of residence, especially where the old address contributed to the breach
- A larger pledge, which signals seriousness and gives the court more comfort
- Enrolment in counselling, treatment, or a program with a confirmed start date, where the breach connects to addiction or mental health
- Tighter, targeted conditions that address the specific failure, such as house arrest with narrow exceptions rather than a general curfew
- A clear, honest explanation of the breach, without minimizing it
Honesty deserves emphasis here. Trying to explain away a breach as somebody else’s fault reads badly to a judge who has heard every version of it. Acknowledging what happened, showing what has changed, and proposing a plan that makes the same thing structurally impossible is far more persuasive than arguing the breach was not really a breach.
Can You Appeal if the Court Refuses Release?
Yes. If you are detained after a section 524 hearing, a bail review in the Superior Court of Justice is the next step, and it is a separate process from the hearing you just lost.
A bail review is not a second attempt at the same argument. You generally need to show either that the justice made an error in principle, or that circumstances have materially changed since the detention order. A new surety coming forward, acceptance into a residential treatment program, or a change in the underlying charges can all support a review.
The timing matters. Getting bail after breaching bail through a review works best when something genuinely new can be put before the higher court, which means the weeks after a detention order are for building, not waiting. Where no surety is available at all, there are still options worth exploring, which we cover in what happens if you can’t find a surety.
Frequently Asked Questions
Can you get bail again after breaching bail in Ontario? Yes, but it is harder. Under section 515(6) of the Criminal Code, a breach triggers reverse onus, meaning you must show cause why your detention is not justified rather than the Crown justifying detention. A stronger release plan, often with a new surety or stricter conditions, is usually required.
What is a section 524 hearing? Section 524 of the Criminal Code lets the Crown apply to cancel an existing release order after an alleged breach or a new indictable offence. If the court finds a breach occurred, the release is cancelled and detention becomes the default unless the accused shows cause why they should be released again.
What is reverse onus in a bail hearing? Reverse onus shifts the burden of proof from the Crown to the accused. Normally the Crown must justify detention. After a breach charge or an offence committed while on release, the accused must demonstrate on a balance of probabilities that their detention is not justified, which makes release significantly harder to obtain.
Does a surety lose their money if the accused breaches? Not automatically. The court can begin forfeiture proceedings, and the Criminal Code requires at least ten days’ notice before a forfeiture hearing. A judge may order all, part, or none of the pledged amount forfeited, weighing how diligently the surety supervised and whether they reported the breach promptly.
How long does someone stay in custody after a bail revocation? Potentially until the trial on the original charges, which can be months or years away. A section 524 detention order does not carry the three day limit that applies to a remand order under section 516. A bail review in the Superior Court is the route to challenge that detention.
Facing a Second Bail Hearing? Let’s Build a Stronger Plan
A breach makes release harder, not impossible. What it does is raise the bar, and the plan that got someone out the first time will not clear that bar a second time without real changes to it.
At Kazandji Law, we handle section 524 revocation hearings, breach charges, and bail reviews across Ontario. That means preparing a new surety properly, restructuring the conditions so the same failure cannot repeat, gathering the documentation the court will want, and explaining the breach in a way that is honest rather than defensive. If a surety is part of the new plan, it helps for them to understand the questions the Crown asks a surety before they take the stand. There is more on our criminal defence page.
Reach us at 647-588-3234 in Toronto or 647-697-5975 in Thornhill, or book a free consultation through our contact page. If a breach arrest just happened, call before the hearing, because the plan needs building now rather than after a detention order lands.