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CRIMINAL DEFENCE GUIDE
Bail Hearings & Bail Applications in Ontario
A practical guide to bail hearings, release plans, sureties, detention grounds, reverse-onus cases and what can happen after a person is held in custody.
A bail hearing can determine whether an accused person returns home while the case moves through court or remains in custody. Preparation matters because the court is not deciding guilt or innocence at this stage—it is deciding whether detention is legally justified and, if not, what form of release is appropriate.
Prepared by Tatyana Trusz, Trusz Law • Updated July 2026 • 13 min read
QUICK ANSWER
What happens at a bail hearing?
At a bail hearing—also called a judicial interim release hearing—a judge or justice of the peace decides whether the accused should be released while the case is pending or detained in custody. The court considers the legal grounds for detention, the applicable onus, the allegations, the accused’s circumstances and the proposed release plan.
In the usual case, the Crown must justify detention. In a reverse-onus case, the accused must show why detention is not justified. If release is ordered, the court should use the least onerous form of release that is appropriate and may impose conditions connected to attendance, safety and the specific risks raised by the case.
IN THIS GUIDE
RELATED CRIMINAL DEFENCE
SOMEONE IN CUSTODY?
The release plan should be prepared before the hearing begins.
Housing, supervision, conditions and the specific concerns in the case should be addressed clearly and realistically.
THE SHORT ANSWER
What is the court deciding at a bail hearing?
A bail hearing is not a trial. The court is not deciding whether the accused is guilty.
The question is whether the person should be released while the case moves through court or whether detention is justified under the Criminal Code. If release is appropriate, the court must also decide what form of release and what conditions are necessary.
The court may hear:
- a summary of the allegations;
- information about outstanding charges and prior criminal history, if any;
- the Crown’s position on detention or release;
- the applicable legal onus;
- information about the accused’s residence, work, family and personal circumstances;
- the proposed plan for supervision and compliance; and
- information about any proposed surety.
A release plan should not be a list of promises made in the abstract. It should respond to the actual reason the Crown says detention or stricter conditions are necessary.
KEY TAKEAWAYS
At a glance
- A bail hearing decides release or detention before trial; it does not determine guilt.
- The Criminal Code recognizes three grounds for detention: attendance in court, public safety and confidence in the administration of justice.
- In most cases the Crown must justify detention, but reverse-onus rules apply in specified circumstances.
- A strong bail plan should respond directly to the risks alleged by the Crown.
- A surety is not automatically required; Ontario’s current practice direction emphasizes considering less onerous alternatives where appropriate.
- If an accused is detained or receives an inappropriate release order, a bail review may be available under section 520 of the Criminal Code.
THE LEGAL TEST
The three grounds for detention
Section 515(10) of the Criminal Code provides three grounds on which detention may be justified.
Primary ground — attendance in court
The question is whether detention is necessary to ensure that the accused attends court to be dealt with according to law. Relevant issues can include ties to the community, past attendance, travel concerns and the practical reliability of the release plan.
Secondary ground — protection or safety of the public
The court considers whether detention is necessary for public safety, including the safety of a victim, witness or person under 18. The analysis includes whether there is a substantial likelihood of a new offence or interference with the administration of justice if the accused is released.
Tertiary ground — confidence in the administration of justice
The court considers whether detention is necessary to maintain confidence in the justice system. The Criminal Code directs attention to circumstances including the apparent strength of the prosecution case, gravity of the offence, circumstances surrounding the alleged offence and the potential term of imprisonment.
The grounds are separate. A release plan that addresses attendance may not answer a public-safety concern, and a public-safety plan may not resolve a tertiary-ground argument. The defence should identify the live ground or grounds before proposing conditions.
WHO MUST PROVE WHAT?
Regular onus and reverse-onus bail hearings
In the ordinary case, the Crown must show why detention is justified. This is sometimes described as a Crown-onus bail hearing.
In specified circumstances, the Criminal Code places the onus on the accused to show why detention is not justified. This is known as a reverse-onus hearing.
Reverse-onus situations can arise based on the offence charged, the accused’s prior history or the circumstances in which the new charge is alleged to have occurred. Examples can include specified serious offences, certain firearm or drug offences and some allegations involving conduct while already at large on another release.
Canada’s bail legislation changed again in 2026, expanding reverse-onus categories for several serious offences and repeat-offender circumstances. Because the list is statutory and can change, the exact current provision should be reviewed against the charges and history in the specific case.
A reverse onus does not mean detention is automatic. It changes who must persuade the court on the detention question and makes a focused, credible release plan particularly important.
THE RELEASE PLAN
What makes a bail plan stronger?
1. A reliable place to live
The court should know where the accused will live and whether the proposed address is realistic. If the allegation involves a person or location connected to that address, an alternative may be necessary.
2. A plan for court attendance
Where the primary ground is in issue, the plan should explain how court dates will be tracked, how transportation will work and what ties connect the accused to the jurisdiction.
3. Conditions tied to the actual concern
A condition should have a purpose. For example, a no-contact term may address a witness concern; a geographic restriction may address a location-specific safety issue.
Overly broad conditions can be difficult to follow and may create new allegations without meaningfully reducing risk.
4. Work, school and structured responsibilities
Employment, education, caregiving and other stable responsibilities may be relevant to the plan, but they should be documented accurately rather than overstated.
5. Treatment or support where it relates to the alleged risk
Where substance use, mental health or another issue is genuinely connected to the Crown’s concern, a practical treatment or support plan may be relevant. The plan should be realistic and available—not a promise to enter a program that has not been contacted.
6. A suitable surety only where one is actually needed
A responsible surety can be important in some cases. But a surety is a more onerous form of release and should not be treated as automatic where the risks can be managed by a less restrictive form of release.
7. A plan the accused can actually obey
The court may be concerned about whether proposed conditions are workable. A plan that sounds strict but is impossible to follow can create a greater risk of breach and re-arrest.
“A bail plan should not simply look strict. It should explain, in practical terms, why the identified risks can be managed in the community.”
— Trusz Law
SURETY BAIL
What does a surety do?
A surety is a person approved by the court who undertakes to help supervise the accused and support compliance with the release order. A surety may promise an amount of money that can be at risk if the accused breaches the order and the legal requirements for forfeiture are met.
A proposed surety should understand:
- the allegations at a general level;
- the proposed release conditions;
- where the accused will live;
- how supervision will work in practice;
- what the surety will do if a breach occurs; and
- the financial obligation being promised.
The Criminal Code requires a proposed surety to provide a declaration containing information about suitability, finances and the relationship to the accused. Ontario’s June 2026 practice direction expects defence counsel to prepare and file the surety declaration in advance where a surety is proposed.
The same practice direction also makes an important point: release with a surety should only be required where the court is satisfied that it is the least onerous form of release appropriate in the circumstances. Parties are expected to consider less restrictive alternatives where appropriate.
RELEASE CONDITIONS
What conditions can be imposed on bail?
A release order will require the accused to attend court and may include additional conditions. Common examples can include:
- no contact with a named person;
- not attending a specific place or geographic area;
- living at an approved address;
- reporting to a specified person or authority;
- not possessing weapons;
- abstaining from specified substances where legally justified; or
- complying with surety supervision.
Conditions are not meant to punish an accused before trial. They should be connected to the risks that justify them and should not be more onerous than necessary.
Breaching a release order can lead to arrest, a new criminal charge, cancellation of the existing release and a new detention hearing. A condition that creates practical problems should be addressed through a proper variation or court process—not ignored.
THE HEARING PROCESS
How does an Ontario bail hearing usually work?
01 The accused is brought before the court
If police do not release the person after arrest, the accused is brought before a judge or justice of the peace for bail proceedings. Ontario court guidance says a person in custody must attend court within 24 hours where a judicial officer is available, or as soon as possible otherwise.
02 Counsel identifies the onus and the live issues
Under Ontario’s current practice direction, the parties are expected to identify the onus, the Crown position, the detention grounds in issue and the defence release plan at the beginning of the hearing.
03 The Crown position is presented
The Crown may consent to release, seek specified conditions or ask the court to detain the accused. The court may receive a summary of the allegations and other information permitted at a bail hearing.
04 The defence presents the release plan
Counsel addresses the accused’s circumstances, the live grounds for detention, proposed conditions and any surety or supporting materials.
05 The court decides release or detention
If detention is not justified, the court determines the appropriate form of release and conditions. If detention is justified, the accused remains in custody unless the order is later changed or successfully reviewed.
06 The accused must comply with the order
Release conditions remain legally binding. A consent variation may be available for some changes where the accused, prosecutor and any sureties agree in writing.
CURRENT ONTARIO PRACTICE — JUNE 2026
Bail hearings are expected to be focused and prepared
The Ontario Court of Justice practice direction effective June 1, 2026 expects parties to identify the onus and live issues at the start of the hearing. It also states that many bail matters can be determined through filed materials and focused submissions without live evidence.
Subject to judicial discretion, the Court expects routine contested bail hearings to be completed in no longer than 30 minutes and consent releases in no longer than 15 minutes. The practical lesson is not that every bail case is simple. It is that the release plan and supporting materials should be organized before the matter is called.
AFTER A DETENTION OR RELEASE ORDER
What is a bail review?
A bail review is not simply a second attempt at the same hearing. Section 520 of the Criminal Code allows an accused to apply to a judge for review of specified release or detention orders before trial.
The review court may consider the transcript of the earlier proceeding, exhibits and additional evidence tendered by the parties. The judge may dismiss the application or, where the accused shows cause, vacate the previous order and make another order available under section 515.
A bail review may be considered where, for example:
- the original decision contains a reviewable error;
- there has been a material change in circumstances;
- meaningful new evidence or a materially different release plan is available; or
- the existing form or conditions of release are being challenged through the appropriate review process.
Section 520 generally requires at least two clear days’ written notice to the prosecutor unless the prosecutor consents otherwise. After a review under section 520 or 521, a further application concerning the same accused generally requires leave before 30 days have passed.
COMMON BAIL MISTAKES
Problems that can weaken a release plan
Waiting until court to decide where the accused will live.
Housing should be confirmed before the hearing, especially where a no-contact or geographic condition affects the usual residence.
Proposing conditions that do not answer the Crown’s concern.
A strict curfew does not automatically address every attendance, safety or tertiary-ground issue.
Using a surety who does not understand the role.
A surety should know the conditions, supervision plan and what they are expected to do if a breach occurs.
Making the plan so restrictive that compliance is unrealistic.
Conditions should manage risk, not create an avoidable pathway to breach.
Ignoring the reverse-onus question.
The legal burden affects how the defence should prepare and present the plan.
Assuming the allegations will be fully tried at bail.
A bail hearing has a different purpose and evidentiary process from trial. The defence strategy should stay focused on release and detention.
Contacting a protected person because the contact seems consensual.
A no-contact condition remains binding until it is lawfully varied or removed. The other person’s consent does not automatically cancel the court order.
Breaching first and trying to explain later.
If a condition becomes unworkable, seek legal advice about a variation before acting contrary to the order.
HOW TRUSZ LAW CAN HELP
Prepare the release plan around the actual legal issues in the case.
Trusz Law helps accused persons and families understand the bail process, identify the applicable onus and prepare for release or detention proceedings in Ontario.
Depending on the case, that may include reviewing the allegations and record, developing a release plan, preparing proposed sureties, addressing conditions, negotiating a consent release and considering whether a bail review or variation process is appropriate.
The goal is focused preparation: understand why detention is being sought, identify what can realistically address that concern and present a release plan the court can assess.
FREQUENTLY ASKED QUESTIONS
Bail hearing questions people often ask
What is a bail hearing in Ontario?
A bail hearing, also called a judicial interim release hearing, is a court hearing where a judge or justice of the peace decides whether an accused person should be released while awaiting trial or detained in custody. If release is ordered, the court also decides the appropriate form of release and any necessary conditions.
How soon does a bail hearing happen after an arrest?
If police do not release the accused, Ontario court guidance states that the person must be brought to court within 24 hours where a judge or justice of the peace is available, or as soon as possible otherwise. The actual completion of a contested hearing can depend on preparation, counsel availability and the complexity of the matter.
What are the three grounds for denying bail?
The Criminal Code identifies three grounds for detention: the primary ground, concerning attendance in court; the secondary ground, concerning public safety; and the tertiary ground, concerning confidence in the administration of justice. Detention must be justified on at least one legally recognized ground.
What is reverse-onus bail?
In an ordinary bail hearing, the Crown generally has the burden of showing why detention is justified. In specified reverse-onus situations, the accused must show why detention is not justified. The applicable onus depends on the charge, criminal history and circumstances set out in the Criminal Code.
Do you need a surety to get bail in Ontario?
No. A surety is not required in every case. Ontario’s current bail-hearing practice direction states that surety release should be required only where the court is satisfied it is the least onerous appropriate form of release, and that alternatives should be considered where appropriate.
What does a surety have to do?
A surety agrees to help supervise the accused and support compliance with the release conditions. The surety should understand the order, know how supervision will work and be prepared to act if the accused breaches. A financial amount may also be promised as part of the release.
Can bail conditions include no contact or a curfew?
Yes, depending on the case. A release order may include conditions directed to attendance, public safety and identified risks. Examples can include no contact, geographic restrictions, residence requirements and weapons prohibitions. Conditions should be legally justified and no more onerous than necessary.
What happens if someone breaches bail conditions?
A breach can lead to arrest, new criminal charges and proceedings to cancel the existing release. The accused may face a new detention hearing and a more difficult release position. A condition should be varied through the proper legal process rather than ignored.
Can bail conditions be changed?
Yes, in appropriate circumstances. Section 519.1 of the Criminal Code permits a release order to be varied with the written consent of the accused, prosecutor and any sureties. Other review procedures may be required where consent is not available.
What is a bail review?
A bail review is an application to a higher-level judge to review specified release or detention orders. Under section 520 of the Criminal Code, the judge may consider the earlier record and additional evidence and may dismiss the application or replace the earlier order where the legal test is met.
Can a person apply for bail again after being detained?
A detained person may be able to seek a bail review rather than simply repeat the same hearing. The proper route depends on the order, whether there was an error, whether circumstances have materially changed and whether new evidence or a different release plan is available.
When should a criminal defence lawyer be contacted about bail?
As early as possible after arrest or when an arrest is anticipated. Housing, sureties, treatment, employment information and other parts of a release plan often need to be confirmed before the hearing. Early preparation can help keep the hearing focused on the actual detention issues.
OFFICIAL RESOURCES
Further reading
ABOUT THIS RESOURCE
Prepared by Tatyana Trusz, Trusz Law. This resource is for general information only and is not legal advice. Bail outcomes depend on the charges, allegations, criminal history, applicable onus, available release plan and current law. Last reviewed July 2026.
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