Bail Reviews

If a person is denied bail, they may bring a Bail Review. Bail Reviews require a review of the bail hearing proceedings and the legal and factual issues involved at the bail hearing. They require the preparation of specific materials that must be filed with the reviewing Court.


What is a Bail Review

Bail Reviews Lawyer in Toronto Ontario

If you or someone you care about is denied bail, do not be discouraged.

While the general rule is that detained individuals must remain in jail if their bail is denied, there is a process by which the accused may seek a review of the decision. This process is called a Bail Review.

A Bail Review is not simply a "second kick at the can." When an accused seeks a Bail Review, they must prove that, since the Bail Hearing:

  • Circumstances of the case have changed materially. In other words, if the bail hearing judge were dealing with the case today, the decision made would have been different; or
  • The Bail Hearing Judge made an error in law. If a Judge finds a change in circumstances or an error, he will consider the issue of bail again, as if the hearing were occurring in the original bail court. A that stage, the Bail Review judge can confirm the prior order or release the accused on conditions.

It is important to note that, even if your Bail Hearing is successful, a Crown has the right to seek a Bail Review. In other words, if an accused person is released at a Bail Hearing, the Crown can still seek the detention of the accused.

Bail Hearings and a Bail Review

In preparation for a Bail Review, the Defence or Crown must file a package of materials, which may include:

  • Affidavits from the accused and potential sureties where the applicant is the accused;
  • A transcript of the initial Bail Hearing so the Bail Review Judge can see exactly what transpired at the original hearing; or
  • Any other relevant material can also be included in the package for consideration.

At the Bail Review hearing itself, there is no standard procedure. Sometimes, it can proceed by way of counsel’s submissions only and other times with evidence being called. How the Bail Review plays out in Court will depend on the specific issues raised by the particular case.

Bail Review in Toronto ON

It is essential to have an experienced lawyer represent your interests and rights. Contact Caramanna, Friedberg LLP at (416) 924-5969 for further information about Bail Reviews.

See also bail reviews

Frequently Asked Questions

Where a judge or justice of the peace in the Ontario Court of Justice makes an order that the accused should be detained or released on bail, both the Crown (under section 521) and Defence (under section 520) can apply to the Ontario Superior Court of Justice for a review of the detention or release order. The accused can also seek a review of the court™s decision regarding bail under section 680 of the Criminal Code.

Not everyone will be granted a bail review hearing. If applying for a review of his or her detention order under section 520 of the Criminal Code, the accused bears the burden to show cause on a balance of probabilities why the existing release order should be vacated. There are only three circumstances were a Superior Court judge can vary a release or detention order on a bail review:

  • Where the justice of the peace or judge made an error in law;
  • Where the decision was inappropriate, such that the presiding judge or justice of the peace gave excessive weight to one factor or insufficient weight to another factor ; or
  • Where there has been a material change in circumstances.

At the bail review, a judge will review the transcript of the previous bail hearing, as well as any materials filed, including affidavits of the sureties or the accused. If there is new evidence presented at the bail review, the judge should consider a number of factors, including due diligence, credibility, relevance, and the effect of this evidence on the result. If these criteria are met, the bail review judge is entitled to review the release or detention order as if he were the initial decision maker and make a decision.

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Once a bail hearing is conducted and bail is either granted or denied, one must apply for a bail review in order to have a review of the release or detention order. The provincial court does not deal with the bail review; it is heard by a Superior Court of Justice judge. On a bail review, the judge will review the transcript of the initial bail hearing, along with materials filed and any new evidence presented. The role of the bail review judge is to determine if the lower court made an error or if there has been a material change in circumstances, such that the accused™s detention (or release) is justified.

Generally, Break and Enter charges relate to residential homes or commercial places of business. The offence involves the accused entering into a place with the intention of committing an indictable offence.

In spite of what the name suggests, one need not break or force entry to be charged with this criminal offence. Indeed, walking through an open door has been held to constitute a Break and Enter. Moreover, a conviction is not contingent upon any damage to the property entered.

Break and Enters are generally committed by people attempting to steal property. By doing so, they commit the indictable offence of Theft while Breaking and Entering. If an accused does not have the intention to commit an indictable offence, but unlawfully enters a premise, he or she may be committing other offences in the Criminal Code.

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