Bail Hearings Toronto

Every person charged with a criminal offence is presumed to be innocent until proven guilty. The Canadian Charter of Rights and Freedoms provides a person charged with an offence with the right not to be denied reasonable bail without just cause (hence the proceeding is sometimes referred to as a ‘show cause hearing’).

If the Crown does not consent to releasing the accused on bail, a bail hearing will take place before the court.

A Bail Hearing is a judicial process in which the court determines if the person charged with a certain crime should be released on bail. During this hearing, the court takes various factors into account, such as whether the accused person will attend all future court dates, the likelihood of the accused person committing another criminal offence while on bail, the likelihood of the accused person abiding by the imposed bail conditions, etc. Generally speaking, at a Bail Hearing, the Crown has to “show cause” as to why the accused person should not be released. In some cases, there is a “reverse onus” where the accused has to convince the court why he/she should not be detained while awaiting trial.

A Bail Hearing is arguably the most important step in a criminal case, and you need to consult with an experienced Bail Hearing lawyer as soon as possible. If you are looking for advice on any matter concerning a Bail Hearing, please contact Sanja Mavrak at (416) 554-4974.