What is a Surety?
A surety is a person who takes legal responsibility for someone accused of a crime while they are out on bail. As a surety, you agree to supervise the accused in the community and ensure that they follow all court-ordered conditions. These conditions often include attending court dates, not contacting specific people, and staying within certain areas.
You promise the court a specific amount of money to guarantee the accused’s good behaviour. In most cases, you won’t have to deposit the money, but you must show that it’s available. If the accused breaks the conditions, the court can ask you to pay that amount. This financial promise is meant to encourage active supervision.
A surety is usually a family member, friend, or close acquaintance. The court expects the surety to know the accused well enough to monitor them and influence their actions. The court will consider whether you have the ability to do this before agreeing to the bail plan.
How Does Bail Work in Ontario?
Bail is the process that allows an accused person to stay in the community while waiting for trial. After someone is arrested, they may be held in custody for a bail hearing, which usually happens the next day. If released on bail, they must follow specific conditions set by the court.
The court may ask for a surety when the accused has no stable residence, is considered a flight risk, or the charges are serious, such as domestic violence. The Crown can object to the release if they think the accused might reoffend or skip court. If that happens, a judge will need a strong plan showing how the surety will supervise the accused.
As a surety, you may need to testify in court during the bail hearing. You will be expected to explain how you will supervise the accused, ensure they follow the rules, and what steps you will take if they don’t. The judge needs to be convinced that you understand the role and take it seriously.
What to Expect from Being a Surety
Being a surety means you must monitor the accused’s daily behaviour and take action if they breach any conditions. This can involve checking their phone, restricting their social media use, or even contacting the police if necessary. You don’t have to live with the accused, but you must be able to supervise them effectively.
You will be expected to remain available throughout the legal process, which can last months or years. If the accused is required to live with you, travel or vacation plans may need to be cancelled or adjusted. If the conditions don’t require cohabitation, travel might still be possible depending on the circumstances.
If the accused breaks any conditions and you do not report it, the court may find you responsible and order you to pay the amount you promised. You can stop being a surety at any time, even without a breach, by telling the court. If you do, the accused will be arrested and returned to custody until a new bail plan is approved.
8 Tips for Being a Surety in Ontario
1. Understand the Role
As a surety, your main job is to make sure the accused follows all court-ordered bail conditions. You must supervise them closely and report any breaches. You aren’t just vouching for them—you are actively responsible for what they do while out on bail. The court depends on you to help enforce its conditions. If the accused breaches bail, the court may demand that you pay the amount you promised.
2. Be Prepared for the Commitment
The legal process can take a long time. Many domestic-related cases in Ontario take between 18 months and two and a half years to finish. During that time, you are expected to stay involved and be available. This means being ready to supervise the accused for a long period, even when it becomes inconvenient or difficult. You should only agree to be a surety if you are confident you can follow through.
3. Know the Financial Risk
You promise a specific sum of money when you agree to be a surety. This amount can range from $500 to tens of thousands, depending on the seriousness of the charge. In most domestic assault cases, it’s usually around $1,000, and you don’t have to pay it up front. But if the accused breaches a condition, the Crown can ask the court to order you to pay. Courts rarely pursue forfeiture unless the breach is serious or you failed to report it.
4. Legal Boundaries and Withdrawal
You can withdraw as a surety at any time by going to the court and requesting to be removed. If you do this, the accused will be arrested and held until a new surety is approved. You don’t need to wait for a breach to withdraw. If you feel you can no longer supervise the accused or their behaviour is putting you at risk, it is better to inform the court early.
5. Supervision Tools and Authority
You are expected to take real steps to monitor the accused. This can include:
- Having access to their phone location
- Restricting social media use
- Enforcing curfews or living arrangements
- Reporting violations to police
You do not need to live with the accused unless the court says so, but you must be able to supervise them meaningfully.
6. Be Ready to Testify
You may be asked to testify at the bail hearing, especially if the Crown doesn’t agree to the release. The court will ask you how you know the accused, whether you trust them, and how you plan to supervise them. You must be ready to answer questions from both the defence and the Crown. The accused’s lawyer should prepare you beforehand.
7. Travel and Practical Concerns
If the accused is required to live with you, you won’t be able to travel without permission from the court. If they don’t live with you, you can usually travel, but you still need to ensure their compliance. Think carefully about your own schedule and responsibilities before agreeing to take this on.
8. Eligibility
You must be a Canadian citizen or permanent resident to be a surety. You should not have a criminal record, and you must be stable—financially, emotionally, and socially. The court will look at your background and your relationship to the accused. It helps if you have a close relationship with the person and can influence them.
Before you agree to be a surety, ask yourself whether you trust the accused to follow rules, whether you are available to supervise them, and whether you can accept the legal and financial risks involved. This is a serious legal responsibility, and once accepted, it can last for years. If you are unsure, speak with the accused’s lawyer or get legal advice for yourself.
X-Copper Can Help
If you’re thinking about becoming a surety for a friend or family member, you’re likely under stress and trying to make the best decision for someone you care about. X-Copper understands how difficult and confusing this process can be—not just for the accused, but for those supporting them.
Having the right legal team can make all the difference. X-Copper will work directly with the accused and the surety to present a solid release plan and advocate for fair treatment in court.
If your friend or family member has been arrested, don’t take on the process alone. Contact X-Copper to get professional support that’s grounded, experienced, and focused on results.
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