In Canadian legal terminology, “bail” is officially known as judicial interim release. It refers to the legal mechanism by which an individual accused of a crime may be released from custody while awaiting trial. This release is typically granted unless the Crown prosecutor can establish that detaining the accused is justified. Bail serves both to compel the accused to attend court and to impose conditions that help manage their behavior during the criminal proceedings.
In many cases, an accused may be released on strict conditions, sometimes under the supervision of a surety—a person who agrees to monitor compliance with bail terms. The surety may be required to pledge a financial guarantee (not usually deposited) that may be forfeited if the accused breaches their conditions. In certain situations, a cash deposit may be necessary or imposed by the court.
Having a skilled lawyer represent you during the bail process can make a crucial difference:
A surety is an individual who agrees to take responsibility for supervising an accused person released on bail. This person is expected to ensure the accused abides by all bail conditions, such as attending court, following curfews, avoiding contact with specified individuals, and participating in required programs or treatment.
In most cases, the surety pledges a specific sum of money, though this is not usually deposited up front. The court must be satisfied that the surety has the financial capacity to pay this amount if the accused violates their conditions.
To qualify as a surety, a person must:
When someone is released on bail, the court may impose various conditions to protect public safety and ensure compliance. While the court has broad discretion, some Crown proposals can be unduly strict.
Typical bail conditions may include:
Violating bail conditions can lead to additional criminal charges and jeopardize future release opportunities. Sureties may also face financial consequences if they fail to fulfill their supervisory duties.
If the court determines that pre-trial release is appropriate, several release options are available:
The court determines the appropriate form of release based on the severity of the charges, the accused’s history, and the likelihood of compliance with bail conditions.