Bail Hearings & Reviews

The Most Critical Stage of Your Case

Your bail hearing may be the single most important step in the criminal process. If you are denied bail, you could spend months — sometimes over a year — in custody waiting for your matter to be resolved. Pre-trial detention affects every aspect of your case: your ability to assist in your own defence, your employment, your housing, your relationships, and ultimately the resolution itself. Studies consistently show that individuals detained before trial receive harsher outcomes than those who are released.

At Mor Fisher, we treat every bail hearing with the urgency and thoroughness it demands.

Your Right to Bail

In Canada, the right to “reasonable bail” is protected by Section 11(e) of the Charter of Rights and Freedoms. The law starts from a presumption of release — you are presumed innocent, and the Crown bears the burden of showing why your detention is necessary. This presumption is reversed only in limited circumstances (such as certain firearms offences, offences committed while already on bail, or criminal organization offences), where the burden shifts to you to show why you should be released.

How Bail Hearings Work

Bail hearings in Ontario typically proceed before a Justice of the Peace (for most offences) or a Superior Court judge (for the most serious offences, such as murder). The hearing usually takes place within 24 hours of your arrest, or at the next available court sitting.

The process involves:

1. The Crown’s case for detention: The Crown presents the reasons why you should remain in custody, including your criminal history, the strength of the case, and any concerns about flight risk or public safety.
2. The defence’s release plan: We present a comprehensive plan for your release, including proposed sureties, a plan of supervision, and conditions you are prepared to abide by.
3. The Justice’s decision: The Justice decides whether to release you and, if so, on what conditions.

The Three Grounds of Detention

The court considers three grounds when deciding whether to detain you:

Primary Ground: Will You Attend Court?

The court assesses whether there is a substantial likelihood that you will fail to attend court if released. Factors include your ties to the community, your employment, your family connections, your immigration status, and your record of attending court on previous matters.

Secondary Ground: Public Safety

Is there a substantial likelihood that you will commit further offences or interfere with the administration of justice (such as contacting witnesses or destroying evidence) if released? The court considers the strength of the Crown’s case, the nature and seriousness of the charges, your criminal record, and any history of failing to comply with court orders.

Tertiary Ground: Public Confidence

Would your release undermine the public’s confidence in the administration of justice? This ground applies primarily in serious cases — such as those involving firearms, significant violence, or large-scale drug trafficking — where the court must balance the presumption of innocence against the need to maintain public trust.

How We Secure Your Release

1. Building a Strong Release Plan

A bail hearing is won or lost on the strength of the release plan. We work with you and your family to assemble a plan that directly addresses the court’s concerns:

• Identifying and preparing sureties — a surety is someone who agrees to supervise you in the community and pledges a sum of money as a guarantee. We help identify the right sureties (family members, employers, community figures) and prepare them for the questions they will face in court.
• Residential plan — where you will live and who will be supervising you
• Employment or education plan — demonstrating stability and ties to the community
• Treatment or programming — where substance abuse, mental health, or anger management issues are relevant, we incorporate treatment plans into the release proposal

2. Proposing Appropriate Conditions

We propose conditions that address the court’s specific concerns while being realistic and liveable. Overly strict conditions are counterproductive — they increase the risk of accidental breaches, which can lead to additional charges and revocation of bail. We fight against “over-broad” conditions and advocate for terms that are targeted, reasonable, and enforceable.

Common conditions include:

• Reporting to police or a bail supervisor
• Curfew
• No-contact provisions (with specific individuals)
• Area restrictions
• Abstaining from alcohol or drugs
• Surrender of passport or travel documents

3. Contesting the Crown’s Position

We challenge the Crown’s evidence and arguments at the bail hearing. This includes cross-examining the officer presenting the Crown’s case, challenging the reliability of the allegations, and presenting evidence that contradicts the Crown’s characterization of the risk you pose.

4. Bail Reviews

If you were denied bail at your initial hearing or if your current conditions are no longer workable, we bring a Bail Review before the Superior Court of Justice. A bail review is a fresh hearing where we present new evidence or argue that the original justice made an error. Bail reviews are also available when circumstances have changed — for example, if a stronger surety has been identified, if you have enrolled in a treatment program, or if the case has been significantly delayed.

5. Bail Variations

If you are on bail but your conditions need to be changed — for example, a curfew adjustment for a new job, a change of address, or a modification to a no-contact order — we bring a bail variation application. Acting proactively to change unworkable conditions is always better than risking a breach.

WASH Court: Weekend and Holiday Bail

Arrests happen at all hours — including Friday nights, weekends, and holidays. Ontario operates a Weekend and Statutory Holiday (WASH) court system for individuals who are arrested outside regular court hours. We are available around the clock to attend WASH court throughout Simcoe County and the surrounding area, ensuring that you are not detained over a weekend simply because you could not reach a lawyer.

The Cost of Delay

Every day you spend in custody is a day you are not at work, not with your family, and not assisting in your own defence. If you or someone you know has been arrested and is being held for a bail hearing, time is critical.

Related Resources

• Acting as a Surety — a comprehensive guide for anyone asked to act as surety at a bail hearing
• Bail Reviews and 90-Day Detention Reviews — what to do if bail is denied, and how the automatic 90-day review works
• Common Bail Variations — changing unworkable conditions after you are released
• Breach of Conditions Defence — understanding the consequences of non-compliance with bail conditions

Someone you know in custody? Call us now at 705-721-6642 for immediate help. Available 24/7.