What Is A Surety In The Criminal Code Of Canada?

A surety is an individual who ideally is well-known to the accused and is willing to supervise the accused while they are on bail awaiting their criminal charges to be resolved.

In order to act as a surety, the individual must:

  • Be an adult (18+);
  • Be a Canadian citizen or landed immigrant;
  • Have financial asset(s) to pledge;
  • Not be involved in the offence the accused was charged with;
  • Not be the accused"™s counsel;
  • Be able to monitor the accused;
  • Be willing to report the accused if he or she breaches any conditions of the release order; and
  • Not have received any promise or consideration in exchange for being a surety

While not an absolute bar, a suitable surety will also possess the following characteristics:

  • No criminal record;
  • No outstanding charges;
  • Not currently acting as a surety for someone else; and
  • A person with meaningful links to the accused;


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