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Being held in custody after an arrest is one of the most stressful experiences a person can face. While police sometimes release accused persons directly from the station, many cases proceed to a formal bail hearing, where a justice of the peace or judge decides whether you will be held until trial or released under conditions. The outcome of that hearing can shape everything that follows, including how your case is ultimately resolved.
At Vilkhov Law, our Toronto bail lawyers represent clients at every stage of the bail process: from negotiating early release with police before a hearing is scheduled, to preparing your sureties, to bringing bail reviews if detention is ordered. We are available around the clock because bail hearings do not wait for business hours.
Research consistently shows that accused persons held in custody are more likely to plead guilty or to receive harsher outcomes at trial. A person in jail cannot effectively participate in their own defence; they may lose employment, housing, and contact with family, all before any verdict has been entered.
Under section 11(e) of the Canadian Charter of Rights and Freedoms, everyone charged with a criminal offence has the right not to be denied reasonable bail without just cause. This means that detention should be the exception, not the rule. Bail should be denied only in narrow, specific circumstances, and any conditions imposed must be tied to the reasons for concern, not used as punishment.
A skilled bail hearing lawyer will understand how to frame your release plan so that it addresses the Crown's concerns directly and minimizes the restrictions placed on your liberty.
If police do not release you from the station, they are legally required to bring you before a justice of the peace within 24 hours. At the bail hearing, the Crown and your defence lawyer each make submissions about whether you should be released and, if so, under what conditions.
The justice assessing the matter considers three grounds under the Criminal Code of Canada:
For the vast majority of criminal charges, the onus is on the Crown to justify detention. However, in certain circumstances, including charges involving firearms, drug trafficking, or situations where an accused is already on bail, the onus shifts to the accused to show why release is appropriate. These are known as reverse onus provisions.
The Crown may present a synopsis of the allegations and information about your background, including any prior criminal record. Your lawyer will respond with submissions about your personal circumstances, community ties, and a supervision plan. In most cases, that plan involves a surety.
A surety is a person who agrees to supervise the accused while the accused is on bail. By taking on this role, the surety pledges a specific sum of money to the Crown, which they would forfeit if the accused fails to comply with the bail conditions. The surety does not usually need to deposit this money upfront; proof of access, such as bank statements or a property deed, is typically sufficient.
The suitability of a surety depends on their relationship with the accused, their personal character, and their realistic ability to supervise. One of the most important things a defence lawyer does before a bail hearing is to prepare the surety for cross-examination by the Crown. A single unprepared answer can be the difference between release and a detention order.
If the judge decides to release the accused, the release may be subject to conditions. These conditions must be proportionate and relevant to the grounds for concern. Common bail conditions in Ontario include:
In cases involving domestic allegations, no-contact and no-attendance conditions often restrict where an accused person may live, which can create significant hardship. A bail hearing lawyer will argue for the narrowest conditions that adequately address the Crown's concerns.
If you are released on terms that are unworkable, whether because of curfew restrictions, employment conflicts, or living arrangements, those conditions can be changed through a bail variation by consent of the Crown, or through a formal bail review before the Superior Court.
If a justice orders detention, that is not the end of the matter. You have the right to bring a bail review before a judge of the Superior Court of Justice. A bail review is not simply a re-run of the original hearing it requires showing that the original decision was wrong in law or that there has been a material change in circumstances.
An application for bail review must comply with Rule 20 of the Criminal Proceedings Rules for the Superior Court of Justice and generally includes an affidavit from the accused and a certified transcript of the original bail proceedings. This is a technical process that requires experienced counsel.
If you were released but under conditions you find excessively burdensome, there are two ways to seek a change. The first is a bail variation on consent of the Crown, which is resolved administratively without a full court hearing. The second is a formal bail review application. Where consent is available, variation is typically faster and less costly than a contested review.
Failing to comply with bail conditions is a criminal offence under section 145 of the Criminal Code. If you are arrested for a breach, you will be brought back to court for a new bail hearing. The Crown may seek to revoke your original release or impose more restrictive conditions. A history of breach makes it significantly harder to obtain bail on any subsequent charges.
Similarly, failing to appear for a scheduled court date is a separate criminal offence. It can result in a warrant for your arrest, additional charges, and a much more difficult bail hearing if you are subsequently taken into custody.
If you are unsure whether a particular activity would breach your conditions, speak with your lawyer before acting. The consequences of even an unintentional breach can be serious.
A bail hearing may appear routine, but the stakes are anything but. An unrepresented accused may agree to conditions that will make it impossible to work or maintain family relationships. They may have sureties who are unprepared for Crown cross-examination and who give answers that undermine the release plan. They may not know how to address a reverse onus situation or how to argue against tertiary ground detention.
An experienced Toronto bail lawyer will:
Igor Vilkhov and the lawyers at Vilkhov Law have represented clients at bail hearings in Toronto and across Ontario, including in cases involving serious charges. We are available 24 hours a day, because bail hearings are scheduled on short notice, and you need advice immediately.
If you or someone you care about has been arrested and is facing a bail hearing in Toronto or anywhere in Ontario, contact Vilkhov Law immediately. We understand that every hour in custody matters, and we will move quickly to pursue your release on the best possible terms.
Not necessarily. Police have the authority to release a person from the station without a bail hearing in many circumstances. They must hold you for a hearing if they have concerns about your identity, fear you will destroy evidence, believe you may reoffend or interfere with witnesses, or have reasonable grounds to think you will not appear in court. If the police decide to hold you, a bail hearing must take place within 24 hours.
The court considers whether you are likely to attend future court dates, whether there is a substantial likelihood you would commit further offences while on release, and whether detention is necessary to maintain public confidence in the justice system. The Crown bears the onus of justifying detention in most cases, though the onus shifts to the accused in certain circumstances involving serious or specified offences.
The amount varies depending on the charges, the accused's record, the nature of the allegations, and the surety's financial situation. There is no fixed formula. In many cases, the surety is not required to deposit any money — they simply need to demonstrate that they have access to the pledged amount. The justice makes this determination on the facts of each individual case.
Yes. The seriousness of the alleged offence, the strength of the Crown's case, and the circumstances of the alleged offence can all justify detention even for a first-time accused. This is most common in cases involving allegations of serious violence or where the evidence against the accused is particularly strong.
A bail review is an application to a Superior Court judge to reconsider a detention order or to challenge conditions of release. It is appropriate when a justice of the peace has ordered detention, when the original bail hearing was procedurally flawed, or when there has been a significant change in circumstances since the original hearing. It is a formal application that requires proper materials and experienced counsel.
A bail variation changes existing conditions with the consent of the Crown and does not require a full court application. It is the faster and simpler route if the Crown agrees. A bail review is a contested application to the Superior Court and is necessary when the Crown does not consent to the change or when you are seeking to challenge a detention order.
Contact a criminal defence lawyer as soon as possible. You have the right to retain and instruct counsel without delay, and you should exercise that right before speaking with the police. The earlier your lawyer is involved, the more options are available — including the possibility of negotiating release directly with the officer in charge before the matter proceeds to a formal hearing.
Our lawyers practice criminal law exclusively, defending our clients against all types of criminal charges in courts throughout Toronto and the Greater Toronto Area. We provide legal defence for all criminal matters, including impaired driving, assault (including sexual assault), financial crimes, child pornography, firearm possession, and drug charges, among others.
