Bail Hearings

Everyone is innocent until proven guilty and the Canadian Charter of Rights and Freedoms guarantees the right not to be denied reasonable bail without just cause.

If an accused is not released by the police, he or she must be brought before a provincial court judge or a justice of the peace without unreasonable delay within 24 hours of the arrest.

Once an accused person is taken into custody and held for court, the Crown prosecutor can either consent to that person’s release or oppose release and request a bail hearing.

A bail hearing is also known as a “show cause hearing”. Show cause simply refers to the burden that is usually upon the Crown to show just cause as to why the accused should be detained and denied bail until their trial.

A show cause hearing/bail hearing is a court hearing where a judge decides based on the representations made by the Crown prosecutor and the defence attorney whether to release the accused or hold them on remand before their trial.

In Canada, there are only three grounds for detaining an accused person prior to trial. They are commonly referred to as primary grounds, secondary grounds, and tertiary grounds.

• Primary grounds -Whether detention is necessary to ensure the accused's attendance in court.
• Secondary grounds -Whether detention is necessary for the protection or safety of the public.
• Tertiary grounds -Whether detention is necessary to maintain confidence in the administration of justice, and is generally reserved for more serious offences.

Generally, the prosecutor has the burden to show on a balance of probabilities why the accused should be detained. However, the accused has the burden to show why he or she should be released if they are charged with specific offences that reverse the burden of proof to the defence.

If the Crown is unable to prove any of the three grounds required to detain the accused or if the defence is able to illuminate to the judge why the accused should be released prior to trial then the judge is bound to release the accused. A release on bail is officially referred to as a judicial interim release.

When an accused is released on bail it is usually accompanied with conditions such as but not limited to: house arrest, a recognizance with cash or property put up or with sureties in place to watch over the accused, accused must remain in the jurisdiction and not communicate in any way with any alleged victim or alleged witness, a undertaking with a promise to appear to court when directed, etc.

If the accused is not released from custody, the judge may still make an order that directs the accused not to communicate, directly or indirectly, with alleged victims, witnesses or any other person identified in the order. This often puts the accused in quite the predicament when trying to fight for their innocence while being locked behind bars.

McCarthy Kuszelewski Law is a Halifax Law Firm that has several associates who have a vast magnitude of knowledge and experience pertaining to bail hearings. Everyone is innocent until proven guilty so when you or a loved one is facing a bail hearing you want an experienced team of lawyers that can help fight for you with tenacity in an effort to obtain your freedom.

Do not hesitate, contact us today day or night, and we will get started on your file immediately to help fight for your case! Contact: 902-431-4405, 902-221-7631, or via email at: admin@mkjustice.ca.