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What happens at a bail hearing in Ontario?
In short
A bail hearing decides whether someone waits for their case at home or in custody. In Ontario it usually happens within 24 hours of arrest, at the Ontario Court of Justice. The court is not deciding guilt.
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Transcript
A bail hearing decides whether someone waits for their case at home or in custody. In Ontario it usually happens within 24 hours of arrest, at the Ontario Court of Justice. The court is not deciding guilt.
A bail hearing decides whether someone charged with a crime waits for their case at home or in custody. In Ontario, it usually happens within 24 hours of arrest, in the Ontario Court of Justice, in person or by video, before a justice of the peace or a judge.
The court isn't deciding guilt — they're deciding whether the person will come back to court, whether the public is safe if released, and whether release would undermine confidence in the justice system. The Crown and defence lawyer each make submissions.
The court usually wants to see a plan: where the person would live, who would supervise them, and what rules they'd follow, sometimes with a surety who pledges money and supervision. The court usually prefers the least restrictive release that still answers those questions.
Outcomes are usually release with conditions, release with a surety, detention pending trial (with a right to review), or an adjournment to build a stronger plan. The office goes through the details of a specific situation on the call.
Sources: Criminal Code of Canada · Law Society of Ontario · Legal Aid Ontario
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