Getting a phone call late on a Friday night that a loved one has been arrested is a nightmare. For most families, the immediate, terrifying thought is: Are they going to be stuck in a jail cell all weekend until the courts open on Monday?
The short answer is: No. The criminal justice system does not shut down for the weekend. In Ontario, if someone is arrested and held for a bail hearing, they have the right to be brought before a judge or Justice of the Peace within 24 hours. To handle this, the province operates WASH Court (Weekend and Statutory Holiday Court).
As a Toronto bail lawyer, weekend calls are a regular part of my practice. Here is exactly how WASH Court operates in the GTA and what you need to do to get your loved one home.
What is WASH Court?
WASH Court is a specialized bail court that runs on Saturdays, Sundays, and public holidays. Its entire purpose is to process new arrests so that people are not unlawfully detained over the weekend.
In the past, accused individuals were physically transported to central courthouses (like Old City Hall in Toronto). Today, weekend bail court is largely conducted virtually. Your loved one will likely remain at the police division where they were processed, or be transferred to a central holding facility, and they will appear before the court via video link.
How Long Does It Take to Get a Bail Hearing on a Weekend?
While the law requires an appearance within 24 hours, the weekend system is notoriously backlogged.
Dozens of people are arrested across the GTA every weekend. The WASH Court docket (the list of cases for the day) fills up incredibly fast. Your loved one will be placed in a queue, and they must wait for the Crown attorney to review their file and for a judge to become available. It is very common for people arrested on Friday night to not actually get their hearing until late Saturday afternoon or even Sunday morning.
Why You Shouldn't Just "Wait Until Monday"
Because weekend courts are chaotic and crowded, some people think it is better to just wait until Monday when the regular courts open. This is a massive mistake.
Every extra day spent in pre-trial custody is a disruption to your loved one’s employment, family life, and mental health. More importantly, if you do not have a lawyer fighting for their release on the weekend, they may be forced to rely on Duty Counsel (free legal aid lawyers provided at the courthouse).
While Duty Counsel do excellent work, they are heavily overworked, sometimes handling 40 to 50 cases in a single weekend. They rarely have the time to sit down with your family for two hours to build a custom, bulletproof surety plan. If the court is too busy, your loved one’s case might be remanded (delayed) to Monday anyway, or they might agree to overly harsh bail conditions (like 24/7 house arrest) just to get out of the cell.
What to Do Immediately After a Weekend Arrest
If someone you care about is arrested on a Friday night or Saturday, you need to act immediately.
- Gather your surety information: If you plan to be their surety, gather your proof of identity, proof of address, and proof of your finances (like a recent bank statement or property tax bill).
- Contact a lawyer: Weekend bail hearings move incredibly fast. You need a dedicated advocate who can intervene, speak directly to the Crown attorney, and propose a release plan before the weekend docket closes.
If your loved one is facing a show cause hearing this weekend, time is critical. Contact TL Criminal Defence immediately. We are available to step into WASH Court, build a robust release plan, and fight to bring them home.