Bail Hearing Lawyer in Toronto

In Ontario, the primary purpose of a bail hearing is to ensure that the accused remains accountable and poses no risk to public safety while awaiting trial. Judges consider several key factors when making a bail decision.

Flight Risk Assessment: The judge assesses the likelihood that the accused will fail to appear in court if released on bail. This involves examining the accused’s previous record, ties to the community, employment status, family connections, immigration status, and any potential motive to flee. A strong connection to the community, steady employment, and close family ties may suggest a lower risk of flight. In comparison, a lack of these factors or previous instances of failing to appear in court might indicate a higher risk.

Public Safety Concerns: The judge must evaluate the potential risk to public safety if the accused is released is a critical consideration for the judge. This includes the nature of the offence, whether violence was involved, the accused’s criminal history, and potential threats to victims, witnesses, or the community. Offences involving violence or a pattern of dangerous behaviour may weigh heavily against the release of the accused, while non-violent offences might pose less of a public safety concern.

Likelihood of Reoffending: The judge also considers the probability that the accused will reoffend if released on bail. This involves examining the accused’s criminal history, any outstanding charges or pending cases, and evidence of a pattern of criminal behaviour. An individual with a history of repeated offences or numerous pending charges may be deemed more likely to re-offend, which can influence the judge’s decision to impose stricter bail conditions or deny bail altogether.

Assurance of Court Appearance: Another important factor is the likelihood of the accused attending future court dates is another important factor. The judge reviews the accused’s history of attending court, compliance with previous court orders, and any outstanding warrants or charges for failure to appear. A track record of honouring court commitments and following legal orders can work in favour of the accused, while a history of non-compliance can lead to more stringent bail conditions or detention.

Maintaining Trust in the Justice System: Maintaining public confidence in the justice system is a crucial consideration. The judge must consider whether releasing the accused would undermine public trust in the fairness and impartiality of the system. The potential impact on the public’s perception of the justice system and the need to uphold its integrity are significant factors. If the release of the accused is likely to erode confidence in the administration of justice, the judge may be more inclined to deny bail.

Vulnerable Groups Consideration: Judges are required to consider whether the accused belongs to an overrepresented or vulnerable group in the criminal justice system, such as Indigenous persons or other marginalised communities. This aims to address systemic discrimination and ensure fair treatment.

Based on these considerations, the judge will decide whether to deny bail or grant bail with or without conditions. Conditions of release might include surrendering travel documents, residing at a specific address, reporting to the police or a bail supervisor, and avoiding contact with certain individuals. 

Typically, the burden is on the prosecutor to show why the accused should not be released on bail. However, in certain situations, such as when the accused is already on bail for other charges or is charged with specific offences like drug trafficking or gun possession, the burden shifts to the accused to demonstrate why they should not be detained.