Bail Hearings

Not in every case. Many releases are on the accused's own recognizance with conditions. Where a surety is required, the surety must demonstrate financial standing and a supervisory plan acceptable to the court. We help prepare the surety for the hearing.

A bail review under s. 520 in the Superior Court is the next step. These can be filed quickly and frequently succeed where there is fresh evidence or a refined release plan. We move them on the fastest possible track.

Yes — through a bail variation application, on consent of the Crown where possible, or on contested hearing where not. Common variations include modifications to residence, no-contact, curfew, and employment-related travel.

Usually the same day. Because a person held after arrest is typically brought to bail court within 24 hours, we move quickly to contact sureties, prepare a release plan, and speak with the Crown before the hearing.

A surety promises the court to supervise the accused and pledges an amount of money that can be forfeited if bail is breached. A strong, prepared surety is often the difference between release and detention.

A denial can be reviewed in the Superior Court under section 520, especially where circumstances have changed — for example, a new surety or a stronger plan. A prompt, well-supported review can secure release.

Normally the Crown must justify keeping someone in custody. In a reverse onus hearing under section 515(6) of the Criminal Code, the accused must show why detention is not justified. Since the Bail and Sentencing Reform Act took effect on July 15, 2026, that means clearly demonstrating that the release plan addresses the risks. Reverse onus covers offences allegedly committed while on release, many firearm offences, human trafficking, violent or organized auto theft, home break-ins and assaults involving choking or strangling.

Under section 503 of the Criminal Code, police who do not release you must bring you before a justice without unreasonable delay and within 24 hours of arrest where a justice is available. In Toronto, adult bail hearings take place at the Toronto Region Bail Centre, 2201 Finch Avenue West, often by video from the police division. Appearing within 24 hours does not mean the hearing proceeds that day, especially if a surety or release plan is not ready.

Breaching a release order is a criminal offence under section 145 of the Criminal Code, punishable by up to two years’ imprisonment. Police can arrest you, and the Crown can ask a justice under section 524 to cancel your release, often leaving you to show cause on a new hearing. For minor breaches that caused no harm, the Crown may instead use a judicial referral hearing under section 523.1, where conditions are reviewed without a new charge. Your surety may also be affected.

The ladder principle requires a justice to start with the least onerous form of release and move up only if the Crown shows each lower rung is inadequate — from no conditions, to conditions, to a financial pledge, to a surety. It is codified in section 515(2.01) of the Criminal Code and reinforced by the principle of restraint in section 493.1, but since July 2026 it no longer applies to reverse-onus accused. Aaron M. Spektor uses it to resist unnecessary sureties and house arrest.