Introduction to Bail in Canada In Canada, if you are charged with an offence, you have a constitutional right not to be denied reasonable bail without just cause, as outlined in section 11(e) of the Canadian Charter of Rights and Freedoms. This right emphasises the presumption of innocence until proven guilty.
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.
How the bail system works. When a person is arrested, they are entitled to a bail hearing within 24 hours of their arrest, regardless of what they have been charged with. The bail hearing determines if they can be released from custody until their trial date.
Canada's bail system promotes public safety, maintains confidence in the administration of justice, and respects the Canadian Charter of Rights and Freedoms. Our bail system is a shared responsibility between the provinces and territories and the federal government.
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.
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.
When a person is arrested, they are entitled to a bail hearing within 24 hours of their arrest, regardless of what they have been charged with. The bail hearing determines if they can be released from custody until their trial date.