Bail Hearings & Bail Reviews

The most common situations where reverse onus applies are if the accused had been released on bail and is now facing new, unrelated criminal charges, for allegedly failing to follow the bail conditions; also, if the accused is being charged with a drug offence involving sale of drugs or any other serious offence that the judge, in his/her discretion, considers should warrant a reverse onus.

What Does The Court Consider During The Bail Hearing?

In the bail hearing, the court will be required to ‘show cause’ why the accused should be denied their right to be released from custody on bail. The presiding trier (typically a justices of the peace) will be guided by the Bail Reform Act of Canada during the bail hearing. He/she will be considering.

  • Is the accused likely to commit the criminal act again if released from custody?
  • Is the accused well known to the justice system or the police (can the accused be easily traced if he/she fails to honour bail)?
  • Has evidence required for the trail been obtained (is the accused likely to interfere with evidence or the gathering of new evidence)?
  • Will the accused be required to return to court later at trial?

It is the responsibility of the Crown Attorney and the police to prove to the judge that the accused is a flight risk, that he/she is likely to commit a crime again if released, or that he/she may interfere with evidence or prevent the gathering of fresh evidence.

If the charges are for a serious criminal offense or involve repeated offences, the bail hearing may be considered a “reverse onus”. This means the onus to prove why the accused should be released on bail is no longer on the crown attorney and the police but on the accused and his/her lawyer.

The most common situations where reverse onus applies are if the accused had been released on bail and is now facing new, unrelated criminal charges, for allegedly failing to follow the bail conditions; also, if the accused is being charged with a drug offence involving sale of drugs or any other serious offence that the judge, in his/her discretion, considers should warrant a reverse onus.

It is the responsibility of the Crown Attorney and the police to prove to the judge that the accused is a flight risk, that he/she is likely to commit a crime again if released, or that he/she may interfere with evidence or prevent the gathering of fresh evidence.

If the charges are for a serious criminal offense or involve repeated offences, the bail hearing may be considered a “reverse onus”. This means the onus to prove why the accused should be released on bail is no longer on the crown attorney and the police but on the accused and his/her lawyer.

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What Happens On The Day Of The Bail Hearing?

A Justice of the Peace will preside over the bail hearing, which will be held in a courtroom. On one side of the hearing will be the Crown Attorney, who will represent the police, and on the other side will be the accused (and/or his lawyer or duty counsel). Two types of arguments will be made.

The Crown Attorney will explain to the Judge why the accused should be denied bail, while the accused or his lawyer will make a counter-argument.

The Crown Attorney may determine that bail ought to be given, but will ask the court to impose bail conditions, such as limited movement and reporting to the police on a regular basis. The accused or his lawyer counsel will argue that the accused with obey bail conditions on his/her own, or with the assistance of a surety or sureties supervising them and may make arguments for flexible/lenient bail conditions.

To present its case for denial of bail or imposition of bail conditions, the Crown Attorney will present the allegations, mostly by reading the allegations as captured in the police synopsis. The Crown may call a witness or witnesses such as the police officer investigating the case to back the allegations presented. Heresay evidence may be read in, and challenged.

The accused person or his lawyer gets to counter the evidence presented, mostly by having the accused, a potential surety, or both testify.

The judge will then decide to either release the accused on bail or to deny him/her bail, giving reasons for either reason.

A Justice of the Peace will preside over the bail hearing, which will be held in a courtroom. On one side of the hearing will be the Crown Attorney, who will represent the police, and on the other side will be the accused (and/or his lawyer or duty counsel). Two types of arguments will be made.

The Crown Attorney will explain to the Judge why the accused should be denied bail, while the accused or his lawyer will make a counter-argument.

The Crown Attorney may determine that bail ought to be given, but will ask the court to impose bail conditions, such as limited movement and reporting to the police on a regular basis. The accused or his lawyer counsel will argue that the accused with obey bail conditions on his/her own, or with the assistance of a surety or sureties supervising them and may make arguments for flexible/lenient bail conditions.

The accused person or his lawyer gets to counter the evidence presented, mostly by having the accused, a potential surety, or both testify.

The judge will then decide to either release the accused on bail or to deny him/her bail, giving reasons for either reason.

To present its case for denial of bail or imposition of bail conditions, the Crown Attorney will present the allegations, mostly by reading the allegations as captured in the police synopsis. The Crown may call a witness or witnesses such as the police officer investigating the case to back the allegations presented. Heresay evidence may be read in, and challenged.

The law gives latitude for the court to deny bail where there is public safety at risk. We will argue your case in the bail hearing, no matter the reasons given by the prosecutor for denial of bail.

If the Crown prosecutor argues that you are a risk to the public or a flight risk, we will put up arguments to the contrary.

Understanding the Bail Hearing & Bail Review Process

It is illegal, under the Canadian constitution, to deny an accused person reasonable bail without a just cause. Getting released on bail allows you to concentrate on your defense and it prevents disruption to your social life and your job, keeping in mind trial can take months and even years.

You should hire a lawyer because he/she will have the training and experience necessary to not only get you out on bail but to also get you out quickly. At Costa Law Firm, we have been helping clients get reasonable and quick bail for several years now.

The law gives latitude for the court to deny bail where there is public safety at risk. We will argue your case in the bail hearing, no matter the reasons given by the prosecutor for denial of bail.

If the Crown prosecutor argues that you are a risk to the public or a flight risk, we will put up arguments to the contrary.

If the court releases you on bail, it can require you to comply with one or more of these conditions:

  • Report to a police station at a certain time
  • Remain within a certain territorial jurisdiction
  • Notify the police of any change of occupation, employment, or address
  • Deposit your passport
  • Stay away from certain locations
  • Keep your distance from certain individuals

In our arguments, our criminal lawyer Toronto will try to keep the conditions as flexible as possible.

It is illegal, under the Canadian constitution, to deny an accused person reasonable bail without a just cause. Getting released on bail allows you to concentrate on your defense and it prevents disruption to your social life and your job, keeping in mind trial can take months and even years.

You should hire a lawyer because he/she will have the training and experience necessary to not only get you out on bail but to also get you out quickly. At Costa Law Firm, we have been helping clients get reasonable and quick bail for several years now.

If the court releases you on bail, it can require you to comply with one or more of these conditions:

  • Report to a police station at a certain time
  • Remain within a certain territorial jurisdiction
  • Notify the police of any change of occupation, employment, or address
  • Deposit your passport
  • Stay away from certain locations
  • Keep your distance from certain individuals

In our arguments, our criminal lawyer Toronto will try to keep the conditions as flexible as possible.

Bail Review

Although the general rule is that you must remain in jail if your bail is denied, the Bail Review process gives you a chance to still get out. At Costa Law Firm, we assist clients with Bail Reviews. The judge could either release you or confirm the prior order.

If the circumstances have changed materially since you were detained to such an extent that, if a judge were to listen to the bail hearing today, he’d arrive at a more positive conclusion, we will make this argument in the hearing.

Judges make mistakes too. If such a mistake led to the denial of bail, we will point this out.

Note that the Bail Review could also be sought by the Crown prosecutor if you have been released. In such a case, we will put up a spirited fight to confirm the prior order.

Call us today on 416-535-6329 to talk to a criminal defence lawyer Toronto for all your bail hearing and bail review needs.

Testimonials

What our clients are saying.

If I could give David Costa more than 5 stars I would. The moment that I called him in 2015, I knew right away that he was the right person to represent my son. He gave my son a list of things to do to help his case. David replied to every email that I sent to him and answered all my questions no matter how many times I asked the same questions. He even talked to my son when he thought my son was not doing enough to get the best possible outcome. We are pleased with the outcome of the case. Excellent lawyer! Highly recommended! Definitely Toronto’s Top Lawyer!
Rusty Moore
Rusty Moore
15:55 16 Jan 19
David Costa was my brother’s defense lawyer on a first degree murder charge. I called the lawyer the moment my brother was arrested. There was absolutely no physical evidence against my brother. There were alibi witnesses and coroner evidence that he could not have killed the victim. And Mr. Costa did everything we asked him to do as our lawyer. He called the alibi witnesses, he made sure all evidences are preserved, he hired a PI and did an investigation of his own. He did everything he could to save my brother from jail. Our whole family is grateful to David Costa for his knowledge, experience, support and strong motivation. David is a very good man.
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Jeffrey Wen
02:34 27 Nov 18
The charges I had were dismissed, however along the way I spoke to a couple lawyers. I stuck with David because I could tell he had a level of knowledge others didn’t. He also was always very quick to get back to me. If I ever need a lawyer in the future it will be David for sure and I also recommend him to anyone needing legal assistance.
James Obryant
James Obryant
17:02 15 Jan 19
The best adoption lawyer in Toronto! David Costa walked us through everything, and was with us every second on the big day! We did not have many face to face meetings, as he communicates very well via email. This is definitely a lawyer who takes his time to do it correctly. We honestly can’t thank him enough!
Ruth Bowen
Ruth Bowen
02:34 13 Jan 19
Mr. Costa is a great lawyer. He is a professional who always answered my calls/emails promptly and kept me informed on the latest information regarding my case. I am happy with the outcome and I recommend him to anyone who needs a defense lawyer.
Frank Elliott
Frank Elliott
06:28 13 Jan 19
From my experience, as a client and referring clients to Costa Law Firm keeps satisfying me and referred family, friends, and business contacts. They are easy to reach, easy to talk to, and make what can be a complex legal system very manageable .
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Benji Teixeira
17:41 09 Apr 19

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