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SERVICES:
OBTAINING BAIL

In Canada, those detained for a crime have a consitutionally protected right to a reasonable bail. The requirements for bail depend on the allegations against the accused.

There are three grounds upon which a court may deny bail:

  1. That the accused will fail to attend court

  2. That the accused will break the terms of bail set out by the court

  3. That release of the accused will bring the administration of justice into disrepute in the eyes of the public.

 

A good bail plan must address all three concerns. Depending on the specifics of the allegations, applicable terms may include: 

 

  • No contact with complainants, co-accused or witnesses

  • Not to attend at certain places

  • Obeying a curfew

  • Adhering to house arrest

  • Electronic monitoring (ankle bracelet)

  • Not to possess wireless communications devices

  • Keep the peace and be of good behaviour

 

Other terms are also possible, and the court has a high degree of discretion in crafting terms of bail to meet the particular circumstances of an accused.

 

Typically a bail plan requires a surety (a person who knows the accused and will supervise the bail), who will pledge a portion of their assets which will forfeit to the Crown if the surety fails to supervise. The amount proposed should demonstrate to the court that they will take their obligations seriously. If the accused is released on bail, it will be up to the surety to supervise terms of the bail.

 

The Magna Carta (Latin: The Great Charter) 
This document guaranteed legal rights from the King on June 15, 1215, much as our Charter of Rights and Freedoms  guarantees our rights today.