What is bail and how does it work in Ontario?

Bail is a court order that lets you stay out of custody while your case is going on. It isn't a decision about guilt. It's a decision about risk: will you show up for court, and are you safe to have in the community until then. The Criminal Code sets out a ladder of release options, starting with a release with no conditions. Where the Crown bears the burden, it has to show why each less onerous option isn't enough before a stricter one, like a surety, is imposed, and any conditions must be reasonable, necessary and tied to the risks in your case. Since July 15, 2026, the Code also says this principle of restraint doesn't require release where public safety calls for detention, and the ladder doesn't apply where the accused bears the burden.

A surety is someone, often a family member, who promises the court they'll supervise you and pledges money that can be forfeited if you breach your conditions or skip court. It's a serious, ongoing commitment, not a one-time favour. Since July 15, 2026, someone convicted of an indictable offence in the past 10 years generally can't act as a surety unless no other suitable person is available and it's in the interest of justice. A surety who can no longer supervise can apply to be removed, and a new surety can be substituted by changing the release order.

Yes, for certain offences. Since January 2024, the burden has been on the accused, not the Crown, for some repeat violent offences involving weapons. Since July 15, 2026 (Bill C-14), it also applies to violent or organized vehicle theft, break and enter of a home, human trafficking and smuggling, violent extortion, offences involving choking or strangulation, and serious violent offences by someone with two or more similar prior convictions. The look-back for earlier weapons-related violence convictions is now 10 years.

If police hold you, you must be brought before a judge within 24 hours, or as soon as one is available. The hearing can take minutes if both sides agree on a release plan, or days if a surety still needs to be found or the Crown opposes release.

If you're detained, you can apply to a higher court for a bail review, which looks at whether the decision contained a legal error or was clearly inappropriate, or whether new evidence or a material change in circumstances justifies a different result.