Acting as a Surety in Ontario: What You Need to Know
If someone you care about has been arrested and is being held for a bail hearing, there is a good chance you will be asked to act as their surety. Being a surety is one of the most important roles in the criminal justice system — and one of the least understood. This guide explains what it means, what is expected of you, and what you need to know before you agree.
What Is a Surety?
A surety is a person who agrees to supervise an accused person in the community while they are on bail awaiting trial. You are, in effect, guaranteeing the court that the accused will:
- Attend all court appearances as required
- Follow all bail conditions (curfew, no-contact orders, area restrictions, etc.)
- Not commit any new criminal offences
In exchange for this guarantee, you pledge a sum of money — which you can lose if the accused fails to comply. You are the court’s assurance that the accused can be safely released.
Who Can Be a Surety?
Almost anyone can be a surety, but the court will evaluate whether you are suitable based on several factors:
What Makes a Good Surety
- A close relationship with the accused — family members (parents, siblings, spouses, adult children) are most common, but close friends, employers, and community leaders can also serve.
- Knowledge of the charges — you must understand what the accused is charged with and the seriousness of the allegations. You cannot supervise someone effectively if you do not know what they are accused of.
- Ability to supervise — you need to be in a position to actually monitor the accused’s compliance with their conditions. This usually means living with or near the accused, being available to confirm their whereabouts, and being willing to report breaches.
- Financial responsibility — you must pledge a sum of money (the “recognizance”) and demonstrate that losing that money would be meaningful to you. The amount varies based on the seriousness of the charges and your financial situation.
- Good character — ideally, you should have no criminal record. A criminal record does not automatically disqualify you, but it can be a significant obstacle, particularly if the record involves dishonesty or violence.
What Can Disqualify a Surety
- An unrelated criminal record — particularly recent convictions
- Outstanding criminal charges of your own
- Being a co-accused or a witness in the same case
- Inability to supervise — if you work long hours, travel frequently, or live far from the accused, the court may doubt your ability to supervise effectively
- Prior experience as a surety where the accused breached — if you were previously a surety for someone who failed to comply, the court will question your effectiveness
What Happens at the Bail Hearing
If you agree to act as a surety, you will typically need to be present at the bail hearing — either in person or by video. You should expect to be questioned under oath by both the defence lawyer and the Crown Attorney.
Questions You Should Be Prepared to Answer
The Crown will test your suitability as a surety. Common questions include:
- Your relationship with the accused: How long have you known them? How close are you? Do you live together?
- Your understanding of the charges: What is the accused charged with? Do you understand the seriousness of the allegations?
- Your plan for supervision: Where will the accused live? How will you monitor their curfew? How will you ensure they attend court?
- Your understanding of your obligations: Do you understand that you are responsible for reporting breaches? Do you understand you could lose the money you pledge?
- Your willingness to call the police: This is the critical question. The Crown will ask you directly: “If the accused breaches their conditions, will you call the police?” The answer must be yes. If you hesitate or equivocate, the court will not accept you as a surety.
- Your finances: How much are you pledging? Where does the money come from? Would losing it be meaningful to you?
- Your own criminal history: Do you have a criminal record? Any outstanding charges?
How to Prepare
We prepare our sureties before the hearing so there are no surprises. This includes:
- Reviewing the charges and bail conditions with you in advance
- Explaining the questions the Crown is likely to ask
- Ensuring you understand your obligations and are genuinely willing to fulfill them
- Helping you gather any supporting documents (proof of address, employment, financial statements)
- Walking you through the courtroom process so you are comfortable and confident
Your Obligations as a Surety
Once the accused is released on bail with you as surety, your obligations are real and ongoing:
1. Active Supervision
You are not a passive bystander. You are expected to actively monitor the accused’s compliance with their conditions. This means:
- Knowing where the accused is at all times
- Ensuring they are home before curfew
- Ensuring they are not in contact with anyone they are prohibited from contacting
- Ensuring they attend all court dates and lawyer appointments
- Watching for signs of non-compliance, substance use (if abstinence is a condition), or deteriorating behaviour
2. Reporting Breaches
If the accused breaches — or is about to breach — their conditions, you have an obligation to take steps to ensure compliance and, if necessary, to notify the police. This is the hardest part of being a surety. Reporting someone you care about to the police feels wrong — but failing to do so can have serious consequences for both of you.
If you report a breach, you are fulfilling your legal obligation and protecting yourself from liability. If you do not report a breach and the court later discovers it, you may:
- Be required to forfeit the money you pledged (a “surety estreatment”)
- Be found to be an unsuitable surety, leading to the accused being re-arrested
- In extreme cases, face potential criminal liability for obstructing justice
3. Attending Court (When Required)
You may be required to attend court appearances with the accused, particularly if the conditions are varied or if there is a bail review. You should always be reachable and available.
4. Applying to Be Removed (If Necessary)
If you can no longer fulfill your obligations — because of a change in circumstances, a breakdown in your relationship with the accused, or because the accused is not cooperating — you have the right to apply to be removed as surety under Section 767 of the Criminal Code. When you apply to be removed, a warrant will issue for the accused’s arrest, and they will be held for a new bail hearing where they will need to find a new surety or an alternative form of release.
This is a serious step, but it is far better than remaining a surety in name only and exposing yourself to financial and legal liability.
The Financial Commitment
As a surety, you pledge a specific amount of money — sometimes with a deposit (cash bail) and sometimes without (a recognizance). The amount depends on the seriousness of the charges, the accused’s risk profile, and the court’s assessment of what amount is meaningful to you.
- Recognizance without deposit: You sign a document acknowledging that you owe the court a specified amount if the accused breaches. No money changes hands upfront — but you are legally liable for the full amount if the accused fails to comply and you cannot show that you took reasonable steps to prevent the breach.
- Recognizance with deposit: You are required to deposit cash or certified funds with the court. This is more common in serious cases or where the court has concerns about flight risk.
Surety Estreatment
If the accused fails to comply with their conditions — particularly if they fail to appear in court — the Crown can bring an application to estreat (forfeit) the money you pledged. At the estreatment hearing, you have the opportunity to show that you acted responsibly and took reasonable steps to ensure compliance. If the court is satisfied that you were a diligent surety, the amount forfeited may be reduced or eliminated.
Common Questions
Can I be a surety from a distance?
It is possible but difficult. The court wants assurance that you can physically supervise the accused. If you live in a different city, you will need to explain how you intend to monitor compliance — particularly with curfew and area restrictions.
Can two people be sureties together?
Yes. In some cases, having multiple sureties — each supervising during different times or in different aspects — can strengthen a bail plan. For example, a parent and an employer might each serve as surety for different hours of the day.
What if I change my mind before the hearing?
You can withdraw at any time before the court accepts you as surety. Once you have been accepted and the accused is released, the process for removal is more formal (see above).
What if the accused wants to do something that their conditions do not allow?
The proper course of action is to apply for a bail variation. Do not allow the accused to breach their conditions — even if the request seems reasonable. See our guide on common bail variations for what can and cannot typically be changed.
The Importance of Being Honest
The worst thing you can do as a surety — both for the accused and for yourself — is to agree to something you cannot or will not do. If you are not genuinely willing to call the police in the event of a breach, do not agree to be a surety. If you cannot actually supervise the accused because of your work schedule, your health, or the state of your relationship, do not agree to be a surety.
A surety who is honest about their limitations is far more valuable than one who tells the court what they want to hear. We help you present yourself authentically and effectively.
If the person you are supporting is facing domestic assault charges, our guide on what happens when you’re charged with domestic assault explains the standard bail conditions you should expect. For an overview of the court process, see what to expect at your first court appearance.
Need help preparing for a bail hearing or understanding your surety obligations? Contact us 24/7.