Who Can Be a Surety?
A surety must be a responsible adult (18+) who is a Canadian citizen or permanent resident. The court looks for someone who can supervise the accused and call the police if conditions are breached.
Can a surety have a criminal record?
Yes, but it complicates things. If you have a record for “administration of justice” offences (e.g., failing to comply, failing to appear), the Crown will likely reject you. We prepare you to answer tough questions about your record.
Will I lose my house?
Only if the accused flees and the Crown applies for “estreatment” (forfeiture). The pledge is usually an amount (e.g., $10,000) named in the recognizance. You don’t hand over the deed, but you promise to pay if things go wrong.
How to Prepare
- Know the accused’s charges.
- Know your own financial assets (bring proof).
- Be ready to supervise 24/7 if house arrest is ordered.