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.
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.
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.
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.
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.
Best-case scenario: Release within 30 minutes to 2 hours after posting bail during regular business hours. More typical scenario: Release within 4-8 hours, especially during off-peak hours or weekends. Worst-case scenario: Release could be delayed for 24 hours or more in complex cases or due to logistical hurdles.
The bail-in power gives CDIC the authority to recapitalize D-SIBs from within, by converting some or all of a failing D-SIB's bail-in debt into common shares in order to help restore it to viability.