After an arrest, one of the first questions that matters is whether, and on what terms, a person will be released while their case is ongoing. This page is a starting point and a map to the more detailed guides on this site about bail and release in Ontario. It is general information only and does not replace advice from a criminal lawyer about a specific situation.
Why Bail Matters
Bail decisions carry real weight because a person facing a criminal charge is presumed innocent unless and until they are found guilty. What happens between a charge being laid and a case being resolved, sometimes many months later, can affect someone's job, housing, family responsibilities, and daily life well before any court has decided the underlying allegation. Canadian law recognizes this tension and generally builds a presumption in favour of release, on the least onerous conditions necessary, into how these decisions are made, though the specific approach can vary depending on the offence and a person's circumstances.
At the same time, courts weigh legitimate concerns on the other side: whether a person is likely to attend court, whether release would pose a risk to public safety or a specific person, and, in some cases, whether release would undermine public confidence in the administration of justice given the strength of the case and the gravity of the allegation. Balancing these considerations is why bail decisions can look quite different from one case to another, even where the underlying charges seem similar on paper.
How Release Decisions Are Made
Release decisions in Ontario generally happen in one of two ways. Police may release a person directly, with a future court date and sometimes conditions attached, without any court hearing at all. Alternatively, a person may be held for a bail hearing before a justice, who decides whether release is appropriate and on what conditions. Our guides to release by police and arrest and release explain how that initial decision generally gets made, including the general rule that a person not released by police must be brought before a justice within 24 hours.
Getting Released Through a Bail Hearing
Where a bail hearing is required, our overview of how bail hearings work and your rights at a bail hearing explain the general process, including who can propose release terms and what a justice generally considers. Many bail matters are actually resolved as consent releases, where the Crown and defence agree on release terms without a fully contested hearing, which is often faster and less stressful than a contested proceeding.
Canadian law generally favours release on the least onerous conditions necessary, rather than detention, for most offences. Whether that principle applies favourably to a specific case still depends heavily on the allegation, the person's history, and the proposed release plan.
The Role of a Surety
In many cases, release depends on having a suitable surety, a person who agrees to supervise the accused and takes on financial and personal responsibility if release conditions are not followed. Our guide to acting as a surety explains who can generally act in this role, what is expected of them, and what can happen if the person they are supervising breaches a condition.
Not every case requires a surety. Some people are released on their own undertaking, meaning they personally promise to follow the conditions and attend court without a third party's supervision, while others are released with a deposit of money rather than a surety. Which approach applies depends heavily on the offence, the person's history, and what a justice considers sufficient to address any concerns about attendance or public safety.
Common Types of Release Conditions
Release conditions vary considerably depending on the case, but several types come up often. Our general guide to bail and release conditions introduces the topic, with more detail available on specific condition types, including no-contact conditions, address and residence conditions, and weapons prohibitions. Every condition imposed remains legally binding, regardless of how minor it might seem, until it is formally changed.
If a Condition Needs to Change
Circumstances can change after release, whether because of a new job, a housing change, or a genuine difficulty complying with a specific term. Our guide to changing release conditions explains the proper, formal ways this can happen. Where a person disagrees more fundamentally with a detention decision or the conditions imposed, our guide to bail reviews explains the process for asking a higher court to reconsider.
If a Condition Is Allegedly Breached
Failing to comply with a release condition, even one that seems minor, can lead to a new criminal charge on top of the original matter. Our guide to alleged breaches explains what generally happens practically when this is alleged, and our charge-specific guide to breach of bail covers the legal elements, penalties, and defences in more detail.
Full Bail & Release Directory
Getting Released
If Things Change
Frequently Asked Questions
Will I automatically get a bail hearing?
Not necessarily. Police release many people directly with conditions and a future court date. A bail hearing before a justice is generally required only if police do not release someone.
Do I need a surety to be released?
This depends on the case. Some releases do not require a surety at all, while others depend on having a suitable person willing to supervise and take on responsibility for the accused.
Can I change a bail condition myself if everyone agrees?
No. Conditions remain legally binding until a court or the appropriate process formally changes them, regardless of informal agreement between the people involved.
What happens if I'm accused of breaching a condition?
This can lead to a new charge and a fresh bail hearing addressing both the alleged breach and the original matter. See our guides to alleged breaches and breach of bail for more detail.
What is the difference between a bail review and an appeal?
A bail review is a specific process for asking a higher court to reconsider a detention decision or the conditions imposed, and is generally faster and more focused than a full appeal. See our guide to bail reviews for more.