How bail works in Ontario
Police have to bring an arrested person before a justice within 24 hours, or as soon as possible after that. Many people are released by police without a hearing. Others are held for a bail hearing, which in Ontario is usually heard by a justice of the peace.
The Crown can consent to release on conditions, or it can oppose release and the hearing becomes contested. The starting point is release, and the Supreme Court confirmed in R. v. Antic that the least restrictive form of release has to be considered first. In some situations, called reverse onus cases, the accused has to show why they should be released.
What the court looks at
Detention can only be ordered on one or more of three grounds:
- Whether the person will come to court.
- Public safety, including the risk of new offences or interfering with witnesses.
- Public confidence in the justice system, which looks at the strength of the case, how serious the offence is, the circumstances, and the possible penalty.
A strong release plan answers each of these concerns directly. That's usually where bail hearings are won.
What a surety does
A surety is a person who agrees to supervise the accused and promises an amount of money to the court. They can lose the amount they pledged if the accused breaks the conditions and the surety didn't do their job. Ontario passed a law in 2026 that would require the pledged amount to be paid in cash within days of the person's release. On August 31, 2026 a judge granted an injunction that keeps the existing bail procedures in place until the constitutional challenge is decided, so for now a surety usually pledges the amount without depositing it. That could change, so we confirm the current position before every hearing.
A surety has to be willing to call police if the conditions are broken. That's a hard thing to promise about someone you love, and the court will want to hear that you understand it. We meet with sureties before the hearing so they know what questions to expect. If a surety later wants out, they can apply to be removed.
Bail reviews and changing conditions
If bail is denied, the decision can be reviewed by a judge of the Superior Court of Justice. A review usually needs an error in the first decision or a real change in circumstances, such as a stronger plan or a new surety. It isn't simply a second try.
If someone has been released but the conditions don't work, for example because they can't get to work or see their children, the conditions can often be varied, sometimes with the Crown's consent.
Bail law changed in 2026
Bill C-14, the Bail and Sentencing Reform Act, received Royal Assent in June 2026, and its main bail changes came into force on July 15, 2026. The changes make release harder in some situations, including for some repeat offenders. How the new rules apply depends heavily on the charge and the person's history, so we review them before every hearing.
Breaching bail
Failing to comply with a release order is a separate criminal offence, and it makes the next bail hearing much harder. Some breaches can be dealt with at a judicial referral hearing instead of a new charge. If a breach has happened, get advice before speaking to police.
Talk to a criminal defence lawyer in Mississauga today
The earlier we're involved, the more options you have. We answer calls after hours, so call now or request a call back.
Frequently asked questions
How quickly will the bail hearing happen?
Police have to bring the person before a justice within 24 hours, or as soon as possible. The hearing itself can be the same day or can be adjourned for a few days so the defence can prepare a plan or line up a surety.
Who can be a surety?
Usually an adult with a stable home, no criminal record, a close relationship with the accused, and the time to supervise them. The court also looks at whether they can afford the amount they're pledging.
Does the surety have to pay money?
At the moment a surety normally pledges an amount without depositing it. Ontario passed a law in 2026 requiring the pledged amount to be paid in cash within days of release, but on August 31, 2026 a judge granted an injunction that keeps the existing bail procedures in place until its validity is decided, so this could change. A surety can lose the pledged amount if the accused breaks the conditions and the surety failed to supervise properly.
What if bail is denied?
A bail review can be brought in the Superior Court of Justice. It usually needs an error in the original decision or a material change, such as a better release plan.
Can bail conditions be changed later?
Yes, often with the Crown's consent, or through a court application if the Crown doesn't agree.
Do you accept Legal Aid certificates?
We consider Legal Aid Ontario certificates on a case-by-case basis. Tell us when you call if you have a certificate or have applied for one.
Can the family speak with you in Punjabi, Urdu or Hindi?
Yes. We meet clients and their families in English, Urdu, Hindi and Punjabi, which helps a lot when preparing a surety.
Related guides
- Bail Hearings in Ontario: A Complete Guide
- What To Do After an Arrest in Ontario: A Complete Guide
- Your Arrest Rights: A Canadian Charter Guide
- Ontario Court Clarifies Bail Pending Appeal Rules
- What Happens If You Miss a Court Date in Ontario?
- Charged With Breaching Bail Conditions in Ontario: What Happens Next
- Charged in Mississauga? Where Your Criminal Case Is Heard
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This page is general information about Ontario law, not legal advice, and reading it doesn't create a lawyer–client relationship. Laws change, so please speak with us about your situation. Read our full disclaimer.