This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.
A denial of bail is not the end of the road. Under section 520 of the Criminal Code, a person detained after a bail hearing can apply to a judge of the Superior Court of Justice to review the detention order, and under section 525 a detained person is entitled to an automatic review after 90 days. Reviews succeed when they are built properly: a transcript that exposes an error, a materially stronger release plan, or both. This page explains how the process works and what actually moves the needle.
What is a bail review under Canadian law?
A bail review is not a simple do-over. In R v St-Cloud, the Supreme Court held that a reviewing judge can intervene in three situations:
- The justice made an error of law at the bail hearing.
- The decision was clearly inappropriate on the record that existed.
- There has been a material change in circumstances, which includes new evidence and, most commonly, a new or significantly strengthened plan of release: additional or better sureties, a residential placement, treatment arrangements, electronic monitoring, or employment.
The review proceeds in the Superior Court on notice to the Crown, on a record that includes the transcript of the original hearing, the exhibits, and affidavit evidence supporting the new plan. Sureties are often called to testify. The same mechanism runs in both directions: under section 521, the Crown can apply to review a release order it says should not have been made, so people who were released can find themselves defending their bail in the Superior Court as well.
How bail reviews work in Ontario
The practical sequence matters. The transcript of the bail hearing must be ordered immediately, because nothing can be filed without it and transcript preparation is often the longest step. While it is being prepared, the new plan is built: sureties are interviewed and their finances documented, residence and supervision arrangements are confirmed, and treatment or programming is arranged where it answers the concern that led to detention. The application record with affidavits is then served and filed, and the review is argued before a Superior Court judge, in Toronto usually within days of the materials being complete.
Separately, section 525 requires an automatic detention review 90 days into pre-trial custody. The Supreme Court held in R v Myers that this hearing is an important safeguard: the judge considers whether continued detention remains justified and whether the case is moving at a reasonable pace, and can give directions to speed the prosecution along. The 90-day review is an opportunity, but it is no substitute for bringing a properly prepared section 520 review as soon as a stronger application can be mounted.
What strengthens a bail review
Reviews are won on preparation, and the most effective improvements are concrete:
- New or additional sureties with real supervisory ability and meaningful pledges, prepared to testify. From July 15, 2026, a person convicted of a serious offence within the past 10 years generally cannot act as a surety, so vet candidates early.
- A residence plan that answers the specific ground of detention, whether that is supervision, distance from a complainant, or structure.
- Treatment, counselling, or programming that addresses the conduct alleged, arranged and confirmed in writing.
- Employment or education commitments that anchor the plan.
- A transcript-based argument identifying legal errors or findings the record did not support.
- Where delay is mounting, evidence about the pace of the prosecution, which matters at the 90-day review in particular.
Frequently asked questions
How soon after being denied bail can I bring a review?
As soon as the materials can be assembled, and the transcript is usually the pacing item. There is no waiting period; the practical timeline is a few weeks in most Toronto cases, driven by transcript preparation and the strength of the new plan.
Do I need new evidence to win a bail review?
Not necessarily. A review can succeed on an error of law or a clearly inappropriate decision alone. In practice, most successful reviews pair the legal argument with a materially stronger plan of release.
What counts as a material change in circumstances?
Anything that meaningfully alters the picture: new sureties, a better residence, treatment arrangements, changes in the Crown's case, or the passage of time and its effect on the strength of the evidence.
What happens at the 90-day review?
A Superior Court judge automatically reviews whether continued detention is justified and whether the case is proceeding at a reasonable pace, and can give directions to move it along. It is a safeguard for everyone in lengthy pre-trial custody.
Can the Crown challenge my release the same way?
Yes. The Crown can apply under section 521 to review a release order, seeking detention or stricter conditions. Those applications are defended on the same record-plus-plan footing.
What are my options if the review is dismissed?
A further review is possible where circumstances change again, and the 90-day review under section 525 remains available. Detention decisions are never permanently frozen; they respond to new facts and new plans.
Detained after a bail hearing? Contact us
This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.
Sewrattan Criminal Lawyers conducts bail reviews across Toronto and Ontario. Contact us for a consultation: 416-583-1510 ext. 2. Related pages: Bail Hearings and Bail Pending Appeal Applications.