Bail review and detention review are distinct and vital processes within the Canadian criminal justice system. They ensure that accused persons are not held in pre-trial custody indefinitely when their trial is unreasonably delayed, while also balancing public safety and confidence in justice. These proceedings are governed primarily by sections 522 and 525 of the Criminal Code of Canada, as elaborated in reported cases and legal commentary.
Section 522 – Bail for Serious (Section 469) Offences
Section 522 applies exclusively to the most serious offences under section 469, such as murder or treason. Only a superior court judge can consider granting release on these charges. The accused bears the reverse onus they must show why detention is not justified under section 515(10).
This unique procedure ensures that only someone with superior court authority can weigh these grave charges. Orders under section 522 are not subject to regular bail review and can only be appealed under section 680.
Section 525 – Automatic Detention Review
Section 525 mandates an automatic review of detention when a trial has not commenced after a prescribed period: 90 days for indictable offences (adults) and 30 days for summary or youth matters.
Under s. 525(1), the custodian of the accused must apply to a judge to fix a hearing date immediately after the time has lapsed. At the review, the judge must assess whether the delay was caused by the Crown, the defence, or systemic factors, and may either order directions to expedite proceedings or schedule another review within a shorter timeframe. The section explicitly exists “to prevent the accused from languishing for lengthy periods in custody” and to ensure timely justice, including for individuals without legal representation.
Importantly, the accused may waive the right to such a review in writing, and if done before the 90-day deadline, the custodian need not apply for a hearing.
Differences Between Bail Hearing and Detention Review
Procedure | Timing | Decision-Maker | Focus of Review |
Bail Hearing | Immediately after arrest | Provincial or Superior Court | Whether an accused should be released initially |
| Section 522 | For s. 469 offences | Superior Court Judge | The accused must justify non-detention |
| Section 525 Review | After 90/30 days detention | Superior Court Judge | Whether continued detention is justified, and if delays are excusable |
Why This Matters?
Understanding the distinct roles of sections 522 and 525 is crucial:
- Section 522 calls for a high standard and is reserved for the most serious charges, requiring a superior court judge and placing the burden on the accused.
- Section 525 ensures that detention cannot simply continue indefinitely due to court delays and forces judicial oversight if a case stagnates beyond 90 (or 30) days.
Both provisions uphold the presumption of innocence and protect accused persons from unjustified pre-trial detention, especially relevant in Saskatchewan, where court backlogs can be significant.
If someone is being held in custody and their trial is delayed, it’s essential to act quickly they may be entitled to a section 525 detention review. Early preparation and representation can make all the difference.
For help with bail review or detention review in Saskatchewan, contact Linh Pham at (306) 502‑5987 for a confidential consultation.
Legal references:
- Canadian Charter of Rights and Freedoms, s. 11(e)
- Criminal Code, ss. 515, 520, 522, 525, 680
- Criminal Notebook – Section 525 Detention Review Wikipedia+15Criminal Notebook+15Criminal Notebook+15Justice Laws+1WikipediaCriminal Notebook\
- Criminal Notebook – Superior Court Bail Review (s. 520, s. 521) Criminal Notebook+4Criminal Notebook+4Criminal Notebook+4