Superior Court Appeals for Denied Bail (Criminal Code s. 520 & 521)
A Bail Review is a specific legal application to the Superior Court of Justice to “review” (appeal) the decision made by a Justice of the Peace at a previous bail hearing. It is governed by Section 520 (defence application) and Section 521 (Crown application) of the Criminal Code.
It is distinct from the initial Show Cause Bail Hearing. A review is not an automatic right to a “do-over”; it is a specialized hearing that requires demonstrating specific legal grounds to intervene.
You cannot request a review simply because you dislike the result. We must demonstrate one of the following legal thresholds:
Presenting fresh evidence is the most common path to success. This may include:
Order Transcripts
We must order the transcript of the original hearing immediately. The Superior Court judge needs to read exactly why the JP denied bail.
Prepare Fresh Evidence
We draft detailed affidavits for the accused and any new sureties. This "paper record" replaces live testimony in many reviews.
Serve & File Application
We serve the Crown Attorney and file the Notice of Application with the Superior Court (e.g., 361 University Ave).
The Hearing
We argue before a Superior Court Justice. If successful, a Release Order is issued immediately.
Unlike the initial hearing at 10 Armoury Street, a Bail Review is often based on written materials (affidavits) and legal arguments rather than live witnesses, though witnesses can be cross-examined.
The Defence submits why the original decision was incorrect or why the new plan manages the risk. The Crown argues to uphold the detention. The Judge conducts their own analysis of the Primary, Secondary, and Tertiary grounds.
Often confused with a bail review, a Section 525 Detention Review is mandatory administrative protection. If an accused is held for 90 days (indictable) or 30 days (summary) without a trial, the jail superintendent must apply for a review.
Purpose:
To ensure no one gets “lost in the system.” We represent clients at these hearings to argue that continued detention has become unreasonable.
Typical Timeline: 2-4 Weeks.
The main delay is obtaining transcripts from the court reporters. Once materials are filed, we can usually secure a court date within days. For urgent matters, we file “expedited” requests.
The detention order is vacated. A new Release Order is signed. The accused can be released from the courthouse or jail the same day once sureties sign.
The detention order remains. However, you can apply again later if there is a new material change in circumstances (e.g., preliminary inquiry finishes).
A bail review is a hearing in the Superior Court of Justice under Section 520 or 521 of the Criminal Code to review a detention order or release conditions made by a Justice of the Peace.
It is an appeal based on the record of the original proceeding plus any “fresh evidence”. The judge determines if there was an error in law or a material change in circumstances.
If successful, the accused is released (often with new conditions/sureties). If denied, the detention order stands, though further reviews are possible if circumstances change materially.
Under s. 525, jail officials must apply for a hearing if an accused has been detained for 90 days (indictable offences) pending trial. It ensures detention is not becoming unreasonably long.
Required documents include the transcript of the original bail hearing, the original Information, exhibits, and affidavits from the accused and proposed sureties outlining fresh evidence.
Success usually requires showing the Justice of the Peace made a legal error, or presenting fresh evidence (like a new surety) that materially changes the risk assessment.
It typically takes 2-4 weeks. Time is needed to order transcripts, draft affidavits, file the application, and schedule court time, though urgent motions can be expedited.
The accused remains in custody. However, a new bail review can be launched later if there is another significant change in circumstances or new evidence emerges.
