What does a surety do in an Ontario bail case?

A surety is an adult who tells the court they will supervise a person released on bail and who pledges an amount of money as a promise that the rules will be followed. Two things are involved: making sure the person sticks to every condition of release, and risking loss of the pledged amount if they don't.

Usually no money changes hands up front — it's a pledge rather than a deposit, though a court can order that an amount actually be paid in. The court usually looks for an adult with a stable address in Ontario, no serious record, a real relationship with the person, and enough presence in their life to actually supervise them.

A surety may be asked to testify at the hearing, answering plain questions about who they are and how they'll supervise. They can also withdraw as surety later by going back to court, which puts the person back in custody until a new plan is approved.

This process is the same across Ontario courts. The office goes through what being a surety would mean in your situation on the call.

Sources: Criminal Code of Canada · Law Society of Ontario · Legal Aid Ontario

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