Under section 11(e) of the Canadian Charter of Rights and Freedoms, everyone has the right not to be denied reasonable bail without just cause. “Just cause” means that bail must be granted unless there is a very good reason to deny it. “Reasonable bail” means that when bail is granted, the conditions of release must be reasonable.

When a court considers whether to grant a person bail, it may consider one or more of the following factors:

1. The primary ground: This focuses on the person’s likelihood of attending court to deal with their charges. The court may consider factors such as: the person’s status in Canada, whether they have a history of not attending court, whether they reside in the province where they have been charged and any meaningful connection the person has to the community in which they were charged i.e. are they employed in that community; do they have family nearby etc.
2. The secondary ground: This focuses on whether denying bail is necessary to protect the public. The court will consider whether releasing the person on bail would create a substantial risk that the person would commit another criminal offence. The court may consider factors such as: whether the person has other outstanding charges, whether the person has a criminal record for similar offences or whether the person has a history of failing to comply with court orders.
3. The tertiary ground: Here, the court considers:
   1. The strength of the prosecutions case;
   2. The seriousness of the offence;
   3. How the offence was committed, including whether a firearm was used; and
   4. The potential for a long jail sentence if found guilty.

Being held in custody for a bail hearing is a highly stressful experience that can impact relationships, housing, and employment. At Godinho Zager LLP, our Criminal Lawyers have extensive experience in handling bail hearings and securing our clients’ release. We can provide guidance, collaborate with your family or friends, and help prepare a strong bail plan to present to the court for your release from custody. You only get one shot at a bail hearing; it is important you choose the right team of Criminal Lawyers to help you with your bail hearing. If you or someone you know is facing a bail hearing, we encourage you to contact us promptly. We offer a free consultation to discuss your situation and explore available options.