Bail is an essential component of our criminal justice system. Bail enforces the presumption of innocence while simultaneously limiting freedom for individuals likely to reoffend before their trial date arrives.
Your nature and severity of alleged offenses will largely dictate whether or not bail will be granted to you, with the Crown having to demonstrate why you should remain behind bars. In navigating this complex legal process, consulting with experienced bail lawyers іs crucial.
Types of Bail & a Defendant’s Legal Options
Canadian courts typically secure accused individuals’ release by setting certain conditions that will ensure their appearance at trial and public safety, such as surrendering travel documents, agreeing to regular check-ins with law enforcement, or refraining from contacting specific individuals. By setting these requirements, courts aim to ensure they appear for trial while safeguarding public safety.
At a bail hearing, a judge or justice of the peace will make the determination on whether to release an accused on conditional release or hold them in custody until their trial has taken place. Depending on the particulars of each case, either side can request proposed conditions of release; or seek to demonstrate sufficient grounds to deny bail (primary, secondary or tertiary grounds).
The Supreme Court of Canada has underscored the need to strike an equitable balance between presumption of innocence and liberty when setting bail conditions. Recently, amendments were made to address intimate partner violence cases specifically and encourage courts to set bail conditions that guarantee victims’ safety and security.
Securing Bail Bonds with Collateral
Collateral bail bonds are secured with assets provided to a bail bond company by way of collateral, such as property, stocks, bonds or cash. When selecting collateral it should have an equal value to that of the amount of bail bond required and must also be authenticated and appraised accurately to ensure it’s free from mortgages or debt obligations.
A judge or justice will evaluate whether to release an accused before their trial by considering factors like severity of crime and past criminal history of defendant. This process, known as “the ladder principle”, strikes a balance between presuming innocence and guaranteeing appearance before court.
Surety and recognizance bail are two popular forms of bail in Canada. Surety bail requires someone, known as a “surety”, agreeing to stand in for an accused individual and ensure they comply with bail conditions; recognizance bail involves the accused making pledges or undertaking obligations as less restrictive alternatives.
Hybrid Bail Payment Structures
Recent high-profile bail disputes have spurred renewed calls for reforming Canada’s legal system, with tensions intensified further by the arrest of Huawei CFO Meng Wanzhou who caused global furor that has damaged relations among Canada, United States, and China.
When making its decision regarding bail for an accused person, the court considers various factors. These may include the severity of the alleged offense, criminal history of an individual accused and their connection to their community; likelihood of flight; interference with witnesses or evidence by accused; etc.
Courts may impose conditions of bail that include recognizances or undertakings as conditions of release from detention, such as avoiding certain locations or individuals, reporting regularly to law enforcement officials and abiding by curfews. Violators could face consequences such as the revocation of bail and detention until trial; judges take these factors into consideration in order to strike an equitable balance between an accused’s rights and public safety.
Choosing a Bail Agent
Canadian courts carefully consider multiple factors when making bail decisions, including an accused’s employment status and community connections, the nature of their offense, and any risk to public safety.
Once on bail, an accused person must abide by certain conditions that ensure compliance and reduce risks. These conditions could include regular reporting requirements, surrendering travel documents, adhering to curfews, or not contacting certain people; each court tailors these conditions to fit its individual cases.
Breaching bail conditions could result in serious legal repercussions for an accused person, including the revocation of bail and imposition of new charges, which could significantly decrease their chances of receiving future bail. To minimize risk and protect themselves from potential legal implications, an accused should select a reliable and reputable bail agent; one capable of providing them a bond for as little as 10% fee will ensure their protection during this difficult time.
