Bail is when a person charged with a criminal offence is released from custody while awaiting their trial. An individual can be released with or without conditions that they must follow during their release. Not everyone who is charged with a crime receives bail.
If an accused person is not released by police, the accused must be brought before the court for a bail hearing. The court (judge or justice of the peace) decides, based on the evidence and submissions of the parties, whether to detain or release the accused, with or without conditions.
Your best option to assist someone close to you who is facing a bail hearing is to act as their surety. A surety makes a promise to the court that they will be responsible for supervising an accused. If you want to bail someone out after an arrest, the best thing you can do is contact an experienced bail lawyer.
The CDIC Act provides CDIC with the legal power to undertake a bail-in. In addition, the Bank Recapitalization (Bail-in) Conversion Regulations and the Bank Recapitalization (Bail-in) Issuance Regulations provide details on various aspects of the bail-in regime1.
Canada's bail system promotes public safety, maintains confidence in the administration of justice, and ensures respect for the Canadian Charter of Rights and Freedoms . It is an important component of the criminal justice system. Learn more about how our bail system works below.