Ottawa Lawyer | Bail Conditions Following Ontario Criminal Charges

OTTAWA CRIMINAL DEFENCE LAWYER – When you have been charged with an Ontario offence and released on bail, there are conditions you must follow upon your release from custody.

As a lawyer who has defended public demonstration participants in the past, I read with interest the story of the charged G20 demonstrators who had special conditions applied to their bail arrangements – some of them were not allowed to speak to each other outside of a courtroom setting, and further still, some are being barred from participating in public demonstrations during their bail period.

If you successfully apply for bail, the next few months will not be easy. You will likely be under supervision, and you may have to refrain from certain activities. Even if these restrictions seem unfair or unnecessarily hurtful to you and your family, you must follow them! Here’s what happens if you don’t:

  1. You may be arrested, with more criminal charges added.
  2. You may have to attend a “contested bail hearing,” where the judge is likely to put an end to your current release from custody.
  3. You will have significantly lower chances, in the future, of successfully applying for a bail or release from custody.
  4. Favourable negotiations with the Crown, on your original charges, will be much more difficult.

If you do feel that your bail conditions are unfair, there is an option – discuss your release documents with your criminal defence lawyer. He or she may be able to successfully have the conditions changed.

If you have been arrested and charged with a criminal offence in Ontario, and have questions about your release or bail, a top criminal lawyer can provide the answers you need. For more information, contact the Ottawa defence lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 233-4529.

Have You Been Asked to Be A Surety for Someone Seeking Bail?

If you have asked to be a surety for a friend of loved one who is detained in custody (in jail) following an arrest, you should be asking the following questions:

  • What is a surety?
  • What are a surety’s duties?
  • Does a surety have to deposit money and if so how much?
  • What if the accused person does not comply with the bail order?
  • What if I no longer want to be a surety?
  • Who is eligible to be a surety?
  • Can the accused person’s lawyer give me advice about being a surety?

Read moreHave You Been Asked to Be A Surety for Someone Seeking Bail?

Arrested in Ontario? Will You Need a Bail Hearing?

Is there always a bail hearing when someone is arrested?

The simple answer is “no”.  In fact, often there is no bail hearing needed at all.

If you are arrested by the police, the police can release you directly from the police station without a bail hearing under three different arrangements.

First, the police can release you if you enter into a “promise to appear”.  Where that happens, you will be given a formal document with a date and time for a court appearance.  You will sign the promise to appear and agree to attend court as required.

The police can also release you directly if you enter into a “recognizance” in an amount not exceeding $500 without deposit, unless you do not ordinarily reside in the province or within 200 kilometres of the place where you are in custody.  If you do not live in the province or within 200 km, the officer in charge can require you to deposit a sum of money not exceeding $500 as part of the recognizance.

The police can also require you to enter into an “undertaking” in Form 11.1 with one or more of the following conditions:

a)    remain within a specified jurisdiction

b)    notify the police of any change in address, employment or occupation

c)    abstain from communicating with named persons and/or abstain from attending any specified address

d)    deposit passport

e)    abstain from possessing any firearms

f)      report to the police and sign in at the police station on specified dates

g)    abstain from the consumption or drugs or alcohol.

In any of these situations, your release following arrest will be reasonably prompt and no bail hearing will be required.