How Bail Works in Ontario

Educational Hub: The Legal Process Explained

What is Bail?

In Canada, bail is the “Judicial Interim Release” of an accused person awaiting trial. It is a constitutional right (s. 11(e) of the Charter) not to be denied reasonable bail without just cause.

Consent vs. Contested

Consent: The Crown agrees to release terms. We present this to the JP, and you go home.

Contested: The Crown seeks detention. We run a full hearing with evidence and witnesses.

Common Ontario Terminology

  • Justice of the Peace (JP): The judicial officer who decides bail (not always a Judge).
  • Crown Attorney: The prosecutor.
  • Show Cause: The legal name for a bail hearing.
  • Recognizance: The legal document the surety signs.