How Does Bail Work in Canada

 Bail, also called ‘judicial interim release’, is governed by section 515 of the Criminal Code and section 11(e) of the Canadian Charter of Rights and Freedoms. Section 515(1) of the Code and section 11(e) the Charter both ensure that everyone is granted reasonable bail unless there is a good reason not to. This means that the default (or presumptive) position is that individuals are granted bail with no conditions.

 

In a typical bail hearing, the burden is on the Crown to justify why someone should not get bail. Further, the Crown must justify why any additional conditions placed on a person who is granted bail are necessary and reasonable. There are some exceptions to this principle, which include when individuals are charged with offences under section 469 of the Criminal Code (e.g., murder) or when they have previously been granted released and are alleged to have breached a condition of that release. All these exceptions are listed at section 515(6) of the Code.

 

The presumption of release is connected to the presumption of innocence. According to the Supreme Court of Canada in The Queen and Zora, 2020 SCC 14, the presumption of innocence requires the state to presume that each person is harmless, making it wrong in principle to require individuals to follow strict bail conditions unless there are strong reasons for doing so. Otherwise, the state would be unfairly restricting the liberty of people who are presumed innocent of the crimes for which they’re charged.

https://criminalappeals.net/how-does-bail-work-in-canada.html