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What does a court in Ontario look at when deciding whether to release or detain someone at a bail hearing?
In short
The court decides three things, in order: will the person come back to court, is the public safe if they are released, and would releasing them undermine confidence in the justice system. Not guilt.
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Transcript
The court decides three things, in order: will the person come back to court, is the public safe if they are released, and would releasing them undermine confidence in the justice system. Not guilt.
At a bail hearing, the justice of the peace or judge is not deciding guilt. They're deciding three things, in order: whether the person will come back to court, whether the public is safe if they're released, and whether releasing them would undermine confidence in the justice system.
The Crown argues one side and the defence argues the other, and the court usually prefers the least restrictive release that still answers those three questions. That's why a plan matters — where the person will live, who will supervise them, what rules they'll follow, and sometimes a surety who pledges money as a promise.
A weak plan can mean the hearing gets adjourned or the person stays in custody while a stronger plan is put together.
In Ontario the bail hearing usually happens within 24 hours of arrest, before the Ontario Court of Justice, often by video. The office goes through the specific facts of a person's situation and what plan might work on the call.
Sources: Criminal Code of Canada · Law Society of Ontario · Legal Aid Ontario
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