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Bail Archives

The Supreme Court of Canada reiterates the right not to be denied reasonable bail

In the summer of 2017, Canada's highest court stressed the importance of the presumption of innocence and the right to no be denied reasonable bail pending the outcome of an accused's charges. Pre-trial detention has a negative affect on an accused mental, social and physical state. Furthermore, the SCC acknowledges that pre-trial custody can have a substantial effect on the trial outcome as well.

Can Strict Bail Conditions Lower My Sentence?

You were charged with a criminal offence, such as sexual interference, and released on bail; however, it does not feel like liberty as the conditions on the bail recognizance are incredibly strict. Some examples of strict bail conditions are: house arrest except while in the presence of your surety; limitations on your ability to see family; a curfew; or a condition denying you the ability to go to school or work. These restrictions can be very difficult and limiting for accused persons to go about living their lives. Some would equate the conditions to being in custody; however, bail is not jail.

Getting out on Bail

When you have been charged with a criminal offence, such as a minor theft, it is possible that you may be released at the police station with a promise to appear and you may be subject to conditions on an undertaking. In other cases, such as drug trafficking,  the police may decide that they will not release you at the station. This could be because of nature of the allegations, the fact that you have a criminal record or you breached previous release conditions. In those cases, the police must bring you before a justice within 24 hours of your detention. This means you are brought to the courthouse where an assistant Crown attorney will look at your file and determine whether they will consent to your release. If they do not consent to your release, then you will have a bail hearing where the justice will determine whether you should be released.

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Bail Archives | Ottawa Criminal Law Blog