Bail Hearing

A bail hearing dictates whether you will be released while you wait for your trial, or if you will be held in custody. In order to obtain this permission from the court, a bail hearing must be set, during which the Crown will present their reasons to prevent your release, followed by your lawyer presenting evidence as to why you should be granted bail. Charter rights violations, exposure to crime in prisons, as well as a disproportionate representation of members from vulnerable minority communities are among the many issues that result from detainment. For this reason, bail release is extremely important in protecting your rights. In fact, studies demonstrate that a strong defence often starts with bail, and that pre-trial detention significantly increases the chances of a conviction through an increase in guilty pleas. (The Effects of Pre-Trial Detention on Conviction, Future Crime, and Employment: Evidence from Randomly Assigned Judges, The American Economic Review, Vol. 108 No. 2, February 2018)

Our job is to increase your probability of obtaining bail by putting all the odds in your favour through a solid release plan. There are numerous approaches and tactics that can be utilized that vary from case to case – contact us to know what will ensure a positive outcome for you.

If you are unsatisfied with the result of your bail hearing, you have the right to challenge it by submitting an appeal in order to obtain a bail review, provided for in the Criminal Code in section 525. Here, you are to demonstrate on a balance of probabilities that there was an error of law during the original hearing, or that a material change in circumstances occurred, a principle defined in L.M.P. v. L.S., that would make it unjust not to vacate the order (i.e. change in work or living conditions). The appropriate motions will then be filed and submitted for the Crown to review; they may agree to change the conditions, or they may disagree, in which case a hearing can be set in order for a judge to assess whether or not conditions need to be reviewed.

If you are unsatisfied with the result of your bail hearing, you have the right to challenge it by submitting an appeal in order to obtain a bail review, provided for in the Criminal Code in section 525. Here, you are to demonstrate on a balance of probabilities that there was an error of law during the original hearing, or that a material change in circumstances occurred. The appropriate motions will then be filed and submitted for the Crown to review; they may agree to change the conditions, or they may disagree, in which case a hearing can be set in order for a judge to assess whether or not conditions need to be reviewed.