Bail Hearings & Reviews

The Importance of a Bail Hearing

When you or a loved one is arrested and held for a bail hearing (also known as a "show cause" hearing), time is of the essence. A bail hearing is arguably the most important stage of the criminal justice process. If bail is denied, you could remain in a detention centre for months, or even years, awaiting your trial.

Being detained severely impacts your ability to keep your job, support your family, and actively assist in the preparation of your own legal defence. Having an experienced bail lawyer by your side immediately ensures that a comprehensive, airtight release plan is presented to the court.

How Bail Works in Ontario

In Canadian law, there is a presumption of innocence and a constitutional right not to be denied reasonable bail without just cause. The Crown must legally justify why you should be kept in custody. They typically argue detention based on three primary grounds:

• Primary Ground: The court believes you are a "flight risk" and will not attend court as required.
• Secondary Ground: The court believes your release poses a substantial likelihood of danger to the public, or that you will commit further offences or interfere with the administration of justice.
• Tertiary Ground: The court believes your release would cause the public to lose confidence in the administration of justice, considering the gravity of the offence and the strength of the Crown's case.

A skilled defence lawyer anticipates these arguments and prepares a proactive strategy. This often involves interviewing potential sureties (people willing to supervise you), proposing strict but livable conditions, and organizing a release plan that mitigates any of the Crown's concerns.

Bail Reviews

If you have already had a bail hearing and were ordered detained, or if you were released but given overly restrictive conditions (such as an unmanageable curfew or house arrest), the fight is not over. You have the right to apply for a Bail Review in the Superior Court of Justice.

A Bail Review is not a second chance to run the exact same hearing; you must demonstrate that the original judge made an error in law, or that there has been a "material change in circumstances" since your initial hearing (such as finding a new, stronger surety or entering a residential treatment program).

Why Choose TL Criminal Defence?

Trevor Lau has extensive experience conducting highly contested bail hearings and complex bail reviews in both the Ontario Court of Justice and the Superior Court of Justice. He understands the urgency of these situations and works relentlessly to build robust release plans, ensuring clients can return home to their families while fighting their charges.

If you or a family member has been arrested, do not wait. Early intervention is the key to a successful release.