Toronto Bail Hearing Lawyers | Bail Release
As bail hearing lawyers in Toronto, Charitsis Law represents people being held in custody to help them obtain bail while their criminal charges proceed through the courts.
Former Crown Attorney Nicholas Charitsis has conducted over 1,000 bail hearings during his 20 years practising criminal law.
What You Should Know About Bail Hearings
- Your right to bail: The Canadian Charter guarantees the right not to be denied reasonable bail without just cause.
- The first 24 hours: In most cases, someone held by police must appear before a justice within 24 hours for a bail hearing.
- Getting released: Our job as your bail lawyer is to prepare a bail plan, explain what a surety is and why the crown attorney may want a surety, and to work with the Crown Attorneys to negotiate “consent bail release”.
Need a bail hearing lawyer? Call Nicholas Charitsis directly at 416-731-7113 to discuss getting someone released from custody.
Where are Toronto Bail Hearings Held
Adult bail hearings in Toronto are held at the Toronto Regional Bail Centre at 2201 Finch Avenue West. This Toronto courthouse handles adult bail matters, including hearings on weekends and statutory holidays.
If you need help with a bail hearing, Charitsis Law will work with you to prepare the release plan. We’ll explain the process to you and your family, including explaining about sureties and what a proposed surety needs to do.
Call Nicholas Charitsis at 416-731-7113 to discuss how we can help.
How Do Bail Hearings Work in Toronto
A bail hearing determines whether someone held in custody can be released while their criminal case proceeds.
To understand how the process works, it helps to look at the different roles of the police, the Crown Attorney, and the judge or justice of the peace—and what each considers when deciding whether to support or order release.
The Role of the Police in Bail Hearings
When police arrest someone, after processing the accused at the police station they must decide whether to release them or hold them in custody for a bail hearing. The police consider things like:
- Repetition – Will the accused, if released, repeat the offence? For example, in an DUI driving case, is the accused going to go out and drink and drive again and be a risk to the public?
- A requirement in law or otherwise – Are the police required by law or procedure to hold the accused for a bail hearing. E.g. The accused was arrested as a result of a domestic assault situation.
- Is the accused a flight risk – Does the accused live in the jurisdiction? Are they from out of the country? Will they try to avoid appearing in court?
- Other pending charges – Is the accused on a previous release from a prior criminal charge. Do they have a history of not appearing in court?
- Is the identity of the accused known? – Are the police sure as to the identify of the accused. Does the accused need to be held in custody whilst the police confirm there identity.
- Criminal Investigations – Is there an ongoing investigation and will releasing the accused jeopardize the investigation?
- Evidence – Is there a reason that the accused needs to be held in custody while the police are still gathering and obtaining evidence in the matter?
If the person is held, a Justice of the Peace decides whether they can be released while their criminal charges proceed through the courts.
What the Bail Court Considers
The court on the other hand looks at the bail hearing with these 3 questions under section 515(10) of the Criminal Code:
- Will the accused attend court? (Primary Ground) — The court considers whether the accused will return for future court dates. A stable address, employment, family ties, and a suitable surety can help address this concern.
- Is there a risk to public safety? (Secondary Ground) — The court considers whether the release will endanger the public, a victim, or a witness. A bail plan with appropriate supervision and conditions can help address these risks.
- Would release affect public confidence in justice? (Tertiary Ground) — The court considers the seriousness of the charges, the apparent strength of the Crown’s evidence, the circumstances of the alleged offence, and the potential sentence.
The Supreme Court of Canada has confirmed that release should be the starting point at a bail hearing.
In R. v. Antic, the Court explained why the least restrictive form of release must be considered first. In R. v. Zora, the Court emphasized that bail conditions must be reasonable, necessary, and connected to the risks involved.
Legal Requirements for Bail Hearings
Canada’s bail laws determine when someone can be released from custody and what conditions the court can impose. Understanding these requirements can help you know what to expect during the bail process.
Can Police Release Someone Without a Bail Hearing?
Yes. Not everyone who is arrested must attend a bail hearing. Depending on the charges and circumstances, police can release someone with an appearance notice or an undertaking.
The Ladder Principle in Bail Hearings
The ladder principle means the court generally starts with the least restrictive form of release. More restrictive conditions must be justified.
For example:
- Release without conditions: The accused agrees to attend court when required.
- Release with conditions: The accused must follow specific rules set by the court.
- Release with a surety: A responsible person agrees to supervise the accused and help ensure they follow their bail conditions.
The purpose of these rules is to ensure that bail conditions are reasonable and that people are not kept in custody without a lawful reason.
What Is a Reverse-Onus Bail Hearing?
A reverse-onus bail hearing means the accused must convince the court that they should be released from custody while their criminal charges proceed, not the other way around.
In most bail hearings, the Crown Attorney must show why someone should remain in custody. In a reverse-onus hearing, that responsibility shifts to the accused.
What Charges Can Lead to a Reverse-Onus Bail Hearing?
Under section 515(6) of the Criminal Code, reverse onus applies to certain charges and circumstances, including:
- Offences committed while on bail: Where the accused is previously on release from another criminal charge the crown will challenge whether they should be released.
- Domestic assault: In most intimate partner violence offences the crown attorney will want a detailed bail release plan ensuring the safety of any partners.
- Firearm offences: criminal offences involving firearms, including specified serious violent offences.
- Breaching court orders: Certain charges involving failure to follow existing release orders.
- Other serious offences: Additional offences and circumstances specified in the Criminal Code.
Can You Still Get Bail in a Reverse-Onus Case?
Yes. A reverse onus does not mean bail will automatically be denied.
The defence lawyer can present a release plan that addresses the court’s concerns, including:
- Where the accused will live after release.
- Whether a suitable surety is available.
- How the accused will be supervised.
- What reasonable bail conditions could address the risks.
A well-prepared release plan gives the court evidence to consider when deciding whether the accused can safely return to the community.
Who Attends a Bail Hearing?
The accused, Crown Attorney, defence lawyer, and Justice of the Peace take part in the hearing. Depending on the arrangements, some participants attend by video while others appear in person.
- The accused: Often appears by video from the police station or another place of custody.
- The Crown Attorney: Presents the Crown’s position on whether the person should be released.
- The bail hearing lawyer: Represents the client and presents the proposed release plan.
- The surety: If one is proposed, they can explain how they will supervise the person and help ensure bail conditions are followed.
Each participant has a different role, but the Justice of the Peace makes the final decision about release.
How Does a Bail Hearing Lawyer Help the Accused?
Our bail hearing lawyers improve the chances of release by presenting a well-prepared bail plan that addresses and concerns the Crown Attorney, whilst speaking on behalf of you and the accused before the judge.
The job of a bail lawyer is to show the court that the accused can be released while their criminal case proceeds. The bail lawyer helps in several important ways such as:
- Preparing a strong bail plan: Explain where the accused will live, who will supervise them, and how they will follow their release conditions.
- Find a suitable surety: Work with someone who can act as the surety and supervise the accused and help ensure they attend court and follow their bail conditions.
- Challenge the Crown’s concerns: Examine the allegations and evidence to determine whether the Crown has sufficient grounds to oppose release.
- Negotiate a consent release: Discuss the proposed release plan with the Crown Attorney to see whether bail can be agreed upon without a contested hearing.
- Represent the accused at a contested bail hearing: Present the release plan, respond to the Crown’s arguments, and explain why the accused should be released.
A strong bail plan addresses the court’s concerns and gives the accused a better opportunity to return home while their criminal charges proceed.
What If the Crown Opposes Bail?
When the Crown opposes release, our bail hearing lawyers will focus on the reasons for the Crown’s objection and prepare a plan that addresses those concerns.
- Bail plan – We can explain where the accused will live, who will supervise them, whether a surety is available, and what conditions could help address the Crown’s concerns.
- Contested bail hearing – If an agreement cannot be reached, both sides present their positions. Our lawyers argue for release, and the Justice of the Peace decides whether the accused will be released or kept in custody.
- Special bail hearing – More serious or complicated cases may require a longer hearing. This can happen with serious violent or sexual offences, charges involving serious injury or death, or when the accused has a history of breaking court orders.
As bail hearing lawyers we’ll build a strong release plan, presenting the reasons why the accused can be safely released.
What Is a Bail Plan?
A bail plan explains how the accused will live and be supervised if they are released from custody.
Our bail hearing lawyers will work with the accused and family to prepare a plan that addresses the Crown’s concerns. As part of the release plan, we’ll work out:
- Where the accused will live, Who will supervise them, Who may be suitable to act as a surety
- Whether work, school, counselling, or treatment should be part of the plan
- What bail conditions could be proposed
- Whether no-contact or stay-away conditions may be required
A strong bail plan addresses the Crown’s concerns and shows the court why the accused should be released.
What Are Bail Conditions?
Bail conditions are rules the accused must follow after being released from custody while their criminal case is before the court.
The conditions will depend on the charges and the concerns in the case. They may include:
- No contact with a complainant or other named person
- Staying away from certain homes, workplaces, or other locations
- Living at an approved address or following a curfew
- Not possessing weapons
- Restrictions on alcohol, drugs, or driving
- Reporting to a bail supervisor or following the directions of a surety
For example, someone charged with domestic assault may face strict no-contact and stay-away conditions. A person facing impaired driving charges may have conditions involving no alcohol or driving.
Breaking bail conditions can result in a new criminal charge, another arrest, and another bail hearing. In any subsequent hearing the Crown may request the accused be kept in custody or that stricter conditions be imposed.
Speak With Nicholas Charitsis Today
You’ll speak directly with Bail Hearing Lawyer Nicholas Charitsis—not a call centre or an intake representative.
When you call Charitsis Law, you’ll speak directly with a trusted bail hearing lawyer Nicholas Charitsis.
Nick can answer your questions, give you advice about how to deal with the bail hearing.
Call 416-731-7113 today to arrange your confidential case review.
FAQs about Toronto Bail Hearings
Q. How Soon Does a Bail Hearing Take Place After an Arrest?
A. If the police decide to hold the accused in custody, they must generally be brought before a Justice of the Peace within 24 hours of the arrest, if a justice is available, or as soon as possible afterward.
The actual timing of the bail hearing can depend on the court schedule, the criminal charges, whether the Crown Attorney opposes release, and whether more time is needed to prepare a release plan or suitable surety.
Because bail hearings can happen quickly, it is important to contact us as soon as you learn that the accused is being held in custody. This gives the lawyer time to prepare for the hearing and work toward the accused’s release.
Q. Can Someone Be Released Without a Bail Hearing?
A. Yes. In many cases, police can release an accused directly from the police station without requiring a bail hearing.
Whether the accused is released by police depends on the criminal charges and the circumstances of the case. Police may decide to hold the accused because of concerns about public safety, attending court, protecting witnesses or evidence, or the accused being subject to another court order.
In some cases, the Criminal Code requires the accused to be brought before a Justice of the Peace to decide whether they should be released. This can include certain reverse onus situations.
Q. Do I Need a Lawyer for a Bail Hearing in Ontario?
You are not required to hire a private lawyer for a bail hearing, but having an experienced bail hearing lawyer can make the difference between being released and sitting in jail.
It’s never considered wise to represent yourself in court. You may not be able to comprehend the nuances of criminal law, the Crown’s concern, and how the judge might perceive you and the charges against you. Having an experienced lawyer can make all the difference.
Q. What Is the New Bail Law in Canada?
A. Canada changed its bail laws in 2026 through the Bail and Sentencing Reform Act, also known as Bill C-14. Most of the new bail rules came into force on July 15, 2026.
The changes make bail more difficult in certain cases involving repeat or violent offending and expand the situations where a reverse onus applies. Courts must also consider additional factors, including serious or numerous outstanding charges, random or unprovoked violence, and the strength of the bail plan in reverse onus cases.
The new law also places additional restrictions on who can act as a surety. Our bail hearing lawyers will consider the current bail laws when preparing a plan for release. The law is currently being contested and may not be in force at the time of your hearing.
Q. What Are Ontario’s New Cash Bail Rules?
Ontario introduced new bail security rules that came into effect on August 17, 2026.
When a release order requires an accused or surety to promise a specific amount of money, that amount must now be deposited within two business days after the accused is released. The payment can be made by cash, money order or bank draft.
The money can be returned when the release order ends if there has been no default requiring forfeiture. If the court orders some of the money forfeited, only the remaining amount is returned.
Ontario also strengthened its ability to collect unpaid bail debts and can register a lien against real estate in certain circumstances.
Our bail hearing lawyers can explain how these new rules apply to the proposed release plan and what financial commitment may be required from the accused or surety.
These new rules for bail hearings are currently being challenged in the Ontario court system, so they may or may not apply at your time of reading.
