Bail Hearings at the Barrie Courthouse: A Guide for Families
If you are reading this, someone you care about has probably been arrested in Simcoe County and was not released by the police. You want to know when they will see a judge and what you can do to help. This guide walks through what happens next at the Barrie courthouse, and how families can prepare.
Where the Bail Hearing Happens
The Barrie courthouse is at 75 Mulcaster Street, Barrie, ON L4M 3P2. It houses both the Ontario Court of Justice and the Superior Court of Justice. Most bail hearings in Ontario take place in the Ontario Court of Justice, usually before a justice of the peace. The main exception is murder and the other offences listed in section 469 of the Criminal Code, where only a Superior Court judge can grant bail.
Charges in and around Barrie are laid by the Barrie Police Service, the OPP in the surrounding townships, and South Simcoe Police in Innisfil and Bradford. Charges laid elsewhere in the county may be dealt with through a different courthouse, and the person in custody may appear by video from where they are being held rather than in the courtroom. The Criminal Code permits a justice to allow an accused to appear by videoconference (s. 515(2.2)). Do not assume the hearing is in Barrie or that your family member will physically be there. Confirm it through their lawyer.
For parking, security, and getting around the building, see our Barrie courthouse guide.
The First Day: What the Law Requires
When the police arrest someone and do not release them, section 503 of the Criminal Code requires that the person be taken before a justice without unreasonable delay and in any event within 24 hours, if a justice is available in that period. If no justice is available within 24 hours, the person must be brought before one as soon as possible.
That first appearance is not always the bail hearing itself. Often it is the start of the process. The Crown may consent to release on conditions, the matter may proceed to a contested hearing that day, or it may be adjourned so that a release plan can be put together. Under section 516, a bail hearing cannot be adjourned for more than three clear days without the accused’s consent. The accused can agree to a longer adjournment, and sometimes that is the right choice, because a hearing run with no surety and no plan is a hearing that can be lost.
How a Bail Hearing Works
In most cases the law starts from release. Under section 515(1), the justice must release the accused without conditions unless the Crown shows cause why detention or a more restrictive order is justified. In some situations the burden is reversed and the accused must show why they should be released. Our bail practice page explains when that happens.
Detention can only be justified on the three grounds in section 515(10):
- Attendance: detention is necessary to make sure the person comes to court.
- Public safety: detention is necessary to protect the public, including any victim or witness, having regard to any substantial likelihood the person would commit an offence or interfere with the administration of justice.
- Confidence in the administration of justice: detention is necessary to maintain public confidence, considering the apparent strength of the case, the gravity of the offence, the circumstances, and the potential sentence.
The Crown usually presents the police version of events, the accused’s record if they have one, and any outstanding charges. The defence presents the release plan, and in many cases that plan is built around a surety. That is where families come in.
Being a Surety: What the Court Looks For
A surety is a person who agrees to supervise the accused in the community and promises to pay a sum of money if the accused does not comply with the release order. The court is not looking for a perfect person. It is looking for someone who is willing and able to supervise, who understands the allegations, and who will call the police if the accused breaches.
Before naming a surety, the court is generally required to be satisfied that a surety is actually needed. Section 515(2.03) directs the justice to impose a surety only where it is the least onerous form of release possible in the circumstances. Your lawyer may argue that no surety is needed at all. You should still be ready in case one is.
The Surety Declaration
Section 515.1 requires a proposed surety to provide a signed declaration under oath or solemn affirmation (Form 12) before being named. It covers:
- your name, date of birth, and contact information;
- information showing you are suitable, including financial information;
- your relationship to the accused;
- anyone else you are currently a surety for;
- your acknowledgment of the charge, any other outstanding charges, and the accused’s criminal record;
- the amount you are willing to promise to pay;
- your acknowledgment that you understand the role and take it on voluntarily;
- your own criminal record and any outstanding charges.
The court can dispense with the declaration in some circumstances, including where the Crown consents, but you should expect to complete one.
Who Cannot Easily Be a Surety
Under section 515(2.11), a court cannot name a person as surety if they were convicted of an indictable offence within the previous ten years, unless the court is satisfied that no other suitable surety is available and that naming them is in the interests of justice. If you have a record, tell the lawyer at the outset. It does not always rule you out, but it changes the plan.
What to Bring
If you have been asked to be a surety, bring or have ready:
- Government-issued photo identification.
- Proof of address, such as a lease, mortgage statement, or utility bill, if the plan is for the accused to live with you.
- Financial information supporting the amount you are prepared to pledge: a recent bank statement, a pay stub, or property documents.
- Your work schedule, because the court will want to know when you are home and how supervision will actually happen.
- A list of who lives in the home, including children, and whether anyone there is connected to the allegations.
- Any relevant information about the accused, such as their employer, medical needs, medications, or treatment they are already receiving.
Our longer guide on what a surety is responsible for covers the obligations that follow once the order is signed.
The Money
A surety’s pledge is a promise to pay if the accused breaches, not a payment up front. Ontario’s legislation requiring pledged amounts to be deposited within two business days of release was suspended by a Superior Court injunction on August 31, 2026, and the pledge system is currently back in effect. That could change again if the constitutional challenge fails. Our article on Ontario’s cash bail deposit rules explains where things stand. Either way, do not offer an amount you could not afford to lose. The court is not impressed by a large number the surety plainly cannot back up.
Questions You May Be Asked
At a contested hearing, a surety usually testifies. Expect questions like:
- How do you know the accused, and how often do you see them?
- Do you know what the charges are? Do you know their record?
- Where will they live, and who else lives there?
- How will you supervise them while you are at work?
- What will you do if they break a condition? Would you call the police?
- How much are you prepared to pledge, and what would losing it mean to you?
Answer honestly. If you would not call the police, do not say you would. The Crown will test it, and a surety who looks rehearsed or evasive can sink an otherwise good plan.
The Role of the Accused’s Lawyer
The lawyer at the bail hearing acts for the accused, not for the family and not for the surety. In practice, that lawyer will speak with you at length, because the release plan depends on you. They will explain the allegations to the extent you need to know them, prepare you for testimony, and tell you what the court is likely to require. But their duty runs to the person in custody.
Two practical points follow:
- Do not discuss the facts of the charge with the accused on jail phone calls or visits. Calls from custody may be recorded, and a surety can be asked about what the accused said.
- Share information with the lawyer, not the Crown or the police. If you have something the defence should know, whether it helps or hurts, tell the defence lawyer and let them decide how to deal with it.
If the charge involves someone in the household, such as in a domestic assault case, expect the court to consider whether the accused can live there at all. Section 515(4.2) requires the justice, in cases involving violence, to consider no-contact and no-go conditions to protect victims and witnesses. A plan that proposes the accused go back to the same home is rarely realistic.
A Realistic Timeline
Every case is different, but the general shape looks like this:
- Arrest and first appearance, within 24 hours where a justice is available.
- Consent release or adjournment. If the Crown agrees to a release plan, it can be done at the first appearance. If not, the hearing is set, often within a few days, sometimes longer if the defence needs time to line up a surety.
- The contested hearing, which may take an hour or much of a day depending on the evidence.
- Release paperwork. Once a release order is made and its terms are complied with, section 519 requires that the accused be released, unless they are being held on another matter. Any no-contact condition takes effect the moment the order is made, even before release.
If bail is denied, the decision can be reviewed in the Superior Court of Justice. Our article on bail reviews and 90-day detention reviews explains how that works.
What This Means for You
The most useful things a family can do are to find a lawyer quickly, identify one or two realistic sureties, gather the documents, and be honest about what you can offer. The hearing moves quickly; preparation makes the difference.
How Mor Fisher Can Help
Our main office is in downtown Barrie, a short walk from the courthouse, and bail work is a regular part of our practice across Simcoe County. We speak with proposed sureties before the hearing, prepare them for questioning, negotiate with the Crown about a consent release where one is realistic, and run the contested hearing when it is not. See our Barrie location page for the office details.
If a family member is being held in Simcoe County, contact Mor Fisher LLP at 705-721-6642 or through our contact page. Our in-custody line is 833-527-5369 (toll free). The sooner we can speak with the people willing to act as sureties, the sooner we can tell you what the court is likely to require.