Bail Hearing Lawyer Toronto | Bail and Release Plans

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

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 bail hearing decides whether a person charged with a crime is released while the case works its way through court, and it is often the most consequential day in the entire prosecution. In Canada, section 11(e) of the Charter guarantees the right not to be denied reasonable bail without just cause, and the law requires release on the least restrictive terms appropriate. In practice, bail in Toronto and across Ontario is won with preparation: a concrete release plan, the right sureties, and an argument organized around the three statutory grounds for detention.

When the bail hearing happens

A person arrested and held for bail must be brought before the court promptly, generally within 24 hours. In Toronto, bail courts sit daily, including weekend and holiday courts, so a hearing can often happen quickly. Whether it should happen immediately is a strategic question: running a bail hearing before the plan is ready can do lasting damage, because losing at the first hearing means the harder route of a bail review. Sometimes the right move is a short adjournment to assemble sureties and a plan.

How bail is decided in Ontario

Under section 515 of the Criminal Code, the court may detain a person on only three grounds:

Primary ground: whether detention is necessary to ensure attendance in court, which focuses on flight risk and ties to the community.
Secondary ground: whether detention is necessary for public safety, including any substantial likelihood of reoffending or interfering with witnesses.
Tertiary ground: whether detention is necessary to maintain confidence in the administration of justice, engaged mainly in the most serious cases.

The Supreme Court has confirmed a ladder principle: release on the least onerous form is the starting point, and each more restrictive form (conditions, sureties, deposits) must be justified before moving up the ladder. From July 15, 2026, that ladder no longer applies where the accused faces a reverse onus, and the codified principle of restraint is directed not to mandate release where detention is justified. Conditions must be tailored and minimal, connected to a real risk in the case, not imposed by habit. In most cases the Crown bears the onus of justifying detention. In some, the onus reverses onto the accused, including murder and other section 469 offences, certain firearms offences, drug trafficking punishable by life imprisonment, and repeat intimate partner violence allegations. Amendments in 2024 expanded these categories, and from July 15, 2026 the list grows again: break and enter of a home, violent or organized crime-related auto theft, extortion involving violence, human trafficking and smuggling, assaults and sexual assaults involving choking or strangulation, and any serious violent charge where the accused has two or more prior convictions for similar offences. The same amendments double the lookback for the weapons reverse onus from 5 to 10 years and require a reverse onus accused to clearly demonstrate that their release plan answers the risks alleged.

What a strong release plan looks like

Bail is granted to a plan, not just a person. A strong plan typically identifies where the accused will live, who will supervise, and how the specific risks the Crown will raise are answered. Sureties are central in Ontario: a surety is an adult, often a family member, who promises the court to supervise the accused and pledges an amount of money. The money is rarely deposited up front; it is a promise that can be enforced if bail is breached. From July 15, 2026, a person convicted of a serious offence within the past 10 years generally cannot act as a surety unless no other suitable person is available. Employment, treatment or counselling where relevant, and workable conditions (curfews, no-contact terms, device or driving restrictions) complete the plan. Preparing sureties to testify is a significant part of the work.

If bail is denied

A denial of bail is not the end. The decision can be challenged by a bail review in the Superior Court of Justice, where errors can be corrected or a material change in circumstances can be shown, and a person detained on a non-murder charge is entitled to have their detention reviewed after 90 days. Those procedures are covered on our bail detention reviews page. Different rules govern release after a conviction, addressed on our bail pending appeal page.

Frequently asked questions

How quickly will the bail hearing happen?

An arrested person must generally be brought to court within 24 hours, and bail courts in Toronto sit every day. The hearing itself happens as soon as the defence is ready to run it well, which is sometimes the same day and sometimes after a short adjournment to build the plan.

Do I need a surety to get bail in Ontario?

Not always. The law requires the least restrictive form of release that answers the risks, and many people are released without a surety. In practice, Ontario bail courts often expect sureties for more serious allegations, and a strong surety materially improves the odds.

How much money does bail cost?

In most Ontario cases, no money is deposited. A surety pledges an amount, commonly in the range of a few thousand dollars and higher for serious charges, which becomes payable only if the bail is breached. Cash deposits are the exception, not the rule.

What happens if bail is denied?

The accused remains in custody, but the decision can be challenged by a bail review in the Superior Court based on legal error or a material change in circumstances, and detention on most charges must be reviewed after 90 days. Preparing a stronger plan is usually the key to the second attempt.

Can bail conditions be changed later?

Yes. Conditions can be varied with the Crown's consent or by application to the court, for example to permit contact, change an address, or adjust a curfew. Until a variation is granted, the existing conditions bind, and breaching them is a separate criminal offence.

Why do I need a lawyer for a bail hearing?

The first bail hearing is usually the best chance at release: the record made there follows the case, and a loss forces a slower review process. Preparation of sureties, the plan, and the legal argument is what wins these hearings.

Facing a bail hearing? Contact us