How does bail work in Canada?
In Canada, bail is governed by Part XVI of the Criminal Code. After arrest, police may release you with conditions (Promise to Appear, Recognizance) or hold you for a show cause (bail) hearing before a justice. At the hearing, the Crown must show cause why detention is justified, or a surety arrangement is agreed upon. Unlike the US, Canada does not have commercial bail bondsmen.
What is a surety in Canadian bail?
A surety is a person (often a family member or friend) who pledges a specified sum of money and agrees to supervise the accused. The surety does not pay the money upfront — it is a pledge that is forfeited if the accused breaches bail conditions or fails to appear. Most sureties are not required to deposit cash.
What happens if bail conditions are violated in Canada?
Violating bail conditions is a standalone criminal offence under s. 145 of the Criminal Code. Consequences include arrest, a new criminal charge for breach, and likely detention for the remainder of the proceedings. The surety may also be ordered to forfeit their pledged amount.
Can a surety be anyone in Canada?
A surety must be a Canadian resident who is not facing their own criminal charges, not bankrupt, and not otherwise disqualified by the court. The court will assess the surety's relationship to the accused, their financial capacity, and their ability to supervise compliance with conditions.