Family Members or Friend Stuck on Remand? Hire an Experienced Bail Lawyer / Detention Review Lawyer

In Canada, when determining whether to grant bail, the courts consider several factors to assess the risk of releasing the accused person pending trial. These considerations aim to balance the rights of the accused with the need to protect public safety and ensure the accused’s attendance in court.

Key Considerations for Bail Release

Here are some key considerations for bail release in Canada:

The Court’s considerations in determining whether bail is granted or denied, is based upon consideration of primary, secondary and tertiary grounds.

Primary Grounds 

Primary grounds refers to whether the Accused will attend Court (history of failing to attend Courts? Is there bail money to ensure attendance? If Accused is from out of town, what will ensure he won’t abscond to Mexico?). The court will assess whether there is a risk that the accused will fail to attend court if released on bail. Factors considered include the accused’s ties to the community, employment status, family connections, immigration status, and any history of failing to appear in court.

Secondary Grounds

Secondary grounds refers to the risk posed by the Accused to the public (criminal history? Gaps in the Accused’s record? Bail money to ensure compliance with conditions? The availability of conditions to minimize risk?). The court will consider whether the accused poses a risk to public safety if released. This assessment involves considering the nature and seriousness of the offense, any history of violence, the presence of any firearms or weapons, and any evidence of a potential threat to individuals or the community.

Tertiary Grounds 

Tertiary grounds are a little bit abstract and refers to the public’s confidence in the administration of justice, if bail is granted to the Accused, while considering the Accused’s presumption of innocence. If there is a strong case in relation to serious charges, bail could be denied on tertiary grounds.

Other Considerations for Bail

Sureties and Supervision: The court may require the accused to provide one or more sureties, responsible individuals who agree to supervise the accused and ensure their compliance with bail conditions. The sureties’ financial and personal backgrounds, their relationship with the accused, and their ability to monitor the accused will be considered.

Bail Conditions: The court may impose specific conditions on the accused’s release, such as reporting to a designated police station, staying away from certain locations or individuals, surrendering travel documents, or refraining from consuming alcohol or drugs. The court will assess whether these conditions are necessary to address flight risk and public safety concerns.

The court may also consider additional factors, such as the accused’s criminal record, previous breaches of court orders, compliance with prior release conditions, and any outstanding warrants. It’s important to note that the considerations for bail release can vary depending on the jurisdiction, the specific circumstances of the case, and changes in the law.

How a Bail Lawyer Supports Your Release?

An experienced bail lawyer understands the legal strategies needed to present a strong case for your release. They can assess the charges, argue for reasonable bail conditions, and present sureties effectively. With in-depth knowledge of court procedures and bail laws, they work to minimize your time in custody and protect your rights in the bail hearings.

It is advisable to consult local legal resources or seek advice from a legal professional for the most accurate and up-to-date information on bail considerations in a particular area of Canada.

If you need a criminal defence attorney, please contact our office for a free consultation.