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Guides · Bail hearings

What happens at a bail hearing in Ontario?

What usually happens, in plain words, for the person charged and the family.

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Written by Ali Sheikh, founder of Remandly (not a lawyer) · Published under a standard reviewed by an Ontario-licensed criminal lawyer, called to the bar in 2017.

Last reviewed September 22, 2026 · Updated October 11, 2026

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When does the hearing happen?

After an arrest, police either release the person from the station with paperwork, or hold them for a bail hearing. If they are held, the law says they must be brought before the court within 24 hours, or as soon as possible after that. Weekends and holidays included — Toronto runs bail court seven days a week.

Where does it happen?

In the Ontario Court of Justice for the area where the arrest happened. In the GTA that usually means the Toronto Region Bail Centre (2201 Finch Avenue West) for adults in Toronto, Brampton (7755 Hurontario Street), Newmarket (50 Eagle Street West) or Oshawa (150 Bond Street East). Many hearings now happen by video from the police division or detention centre.

Who decides, and what are they deciding?

A justice of the peace, or sometimes a judge. They are not deciding guilt. They are deciding three things, in order: will this person come back to court, is the public safe if they are released, and would releasing them undermine confidence in the justice system.

The Crown lawyer argues one side; the defence lawyer argues the other.

What does the court want to see?

A plan. Where the person will live, who will supervise them, what rules they will follow, and — if the court asks for it — money pledged as a promise. The court prefers the least restrictive release that still answers those three questions.

A weak plan at 9 a.m. can mean days or weeks in custody while a better one is built.

What is a surety?

An adult who agrees to supervise the person and pledge an amount of money if they break the rules. Usually a parent, partner, sibling or close friend with a stable address and no serious record. The surety may have to testify.

(Full guide: What a surety does.)

What can happen at the end?

  • Released, with conditions (a release order).
  • Released, with a surety and conditions.
  • Detained — held in custody until trial, with a right to review that decision.
  • The hearing adjourned so a plan can be prepared — usually a few days.

What should the family do before the hearing?

  1. The court usually asks about the proposed surety: their name, their relationship to the person, their address, and whether they own a home or work. Those details are what a hearing is built around.
  2. The papers the police handed over — release documents, charge sheet, property receipt — are what the court and the lawyer read first.
  3. The two facts the office asks for first are where the person is being held and the charge as the family understands it.
  4. Get a criminal defence lawyer’s office on the phone before the hearing.

What happens when you call Remandly at 2 a.m.?

Someone answers. Not voicemail, not a form. You say what happened — where the person is being held, what they were told, who you are to them — and a file opens while you’re talking.

If a bail hearing is coming, the questions that matter get asked on the call, not in the morning: who could act as a surety, whether there’s a fixed address, what the release paper says. Remandly takes calls about bail hearings anywhere in Ontario. After the call, the file stays open by text, so you’re not starting over with a stranger at 9 a.m.

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Free 24/7 criminal law information · not legal advice. Legal Aid Ontario: 1-800-668-8258

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