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bail hearing lawyerFor individuals charged with criminal offences, the initial arrest and detention is a traumatic experience that can be significantly mitigated by an experienced bail hearing lawyer.

Robichaud’s criminal law firm recognizes the anxiety of being charged with a criminal offence, arrested by police, and then held for a bail hearing pending show cause for release back into the community.

Although the bail hearing is one of the first steps taken in a criminal proceeding, it is one of the most important.   Under the Canadian Criminal Code, for most purposes a person really only has one real chance at bail.  Even though a bail hearing decision can be appealed, losing at an initial bail hearing fundamentally affects that way the reviewing court is going to consider an application for appeal.   More troublesome is most appeals of bail hearings can take several weeks to ultimately schedule which means the accused languishes in custody until that appeal date.

A bail hearing is a constitutional right, and having an experienced lawyer can ensure that this right is not ignored.

One judge of the Superior Court of Ontario put the importance of bail hearing in the following way.

The grant or denial of bail implicates not only s. 11(e) of the Charter but also the accused person’s liberty and security of the person interests.  Bail is not a privilege.  Judicial interim release should only be withheld where it is necessary[1]… Where bail is unjustly denied, there is a miscarriage of justice.  It cannot be over emphasized that pre-trial bail rests on the presumption of innocence. – R. v. J.V. (Villota) [2002] O.J. No. 1027 (Ont.Sup.Ct.) Hill J.

As one can see, a bail hearing for people charged with crimes is a complicated matter that have significant effects if not dealt with properly.  Although there is some information on the internet about a bail hearing, only an experienced bail hearing lawyer can explain these processes to you and ensure that the accused’ rights are protected to the fullest.

Please contact an experienced bail hearing lawyer at Robichaud’s criminal law firm today at (416) 999-8389 for more information or for one of our criminal defence lawyers to assist you with a bail hearing.  

The importance of hiring a lawyer for a bail hearing.

Although the experience is never pleasant, having an experienced lawyer on your side can increase your chances of release from custody at a bail hearing.

Next to the trial itself, the bail hearing is the most important part of a criminal proceeding.  As a Canadian Supreme Court judge once wrote:

“At the heart of a free and democratic society is the liberty of its subjects. Liberty lost is never regained and can never be fully compensated for; therefore, where the potential exists for the loss of freedom for even a day, we, as a free and democratic society, must place the highest emphasis on ensuring that our system of justice minimizes the chances of an unwarranted loss of liberty.” – Iacobucci (dissent in Hall) at para 47; 2002 SCC 64, 4 C.R. (6th) 197, 217 D.L.R. (4th) 536, 167 C.C.C. (3d) 449, 293 N.R. 239, 165 O.A.C. 319, 97 C.R.R. (2d) 189, [2002] 3 S.C.R. 309

Having an experienced bail hearing lawyer can help increase the odds that a person’s liberty is not unnecessarily lost.  Among other things, a lawyer can:

  • Attempt to make arrangements with police to have the accused turn themselves in at a convenient time for all parties which can also mean the accused avoiding unnecessary time in custody;
  • Ensure that potential sureties are adequately prepared for the difficult task ahead of them when offering themselves as a surety to the court. Without proper preparation, a surety may offer information that is unhelpful towards convincing a Justice of the Peace that they are properly suited for the job;
  • Prepare case law and higher authorities for the Justice of the Peace to consider when deciding to release or detain an individual;
  • Work with the Crown Attorney or Federal Prosecutor towards agreeing to reasonable conditions for the accused’s release and thereby forgoing the need for a contested, and sometimes risky bail hearing;
  • Prepare the accused on what to expect in the coming hours when they are held in custody including where they will be taken, what to do once placed under arrest, and how long the process typically takes;
  • Appeal the decision of a Justice of the Peace to the Ontario Superior Court of Justice (for non-“469 offences”) if an individual is detained at a bail hearing; and,
  • Most importantly, ensure that every step is taken to increase an individual’s chance of release.


2013Tuesday, December 24,

Why Criminal Court is open on Christmas and other holidays in Ontario

December 24th, 2013|Comments Off on Why Criminal Court is open on Christmas and other holidays in Ontario

WASH bail court and the holiday season.  The festivities do not deny liberty. The Holiday Season does not mean that people are not charged with criminal offences.  In fact, the Holiday Season can be some [...]