How Does Bail Work in Ontario
Bail in Ontario is a legal process that allows an accused person to be released from custody while awaiting trial. After someone is arrested and taken to a police station, they may be released with conditions or held overnight to appear in front of a justice of the peace. Whether they are released right away or held depends on the seriousness of the charge, the person’s criminal record, and whether police believe they will attend court or commit another offence.
If the person is held for a bail hearing, the court will decide whether to release them and under what conditions. The Crown prosecutor might agree to release or oppose it, and if opposed, the court holds a bail hearing. In many domestic cases, the Crown insists on strict conditions, including no-contact orders. The accused is not expected to prove innocence during this hearing; the goal is to create a release plan the court can accept.
Courts can require a surety to supervise the accused as part of a release plan. A surety is usually a friend or family member who agrees to take on legal responsibilities. This person must promise to supervise the accused, ensure they follow bail conditions, and report any violations. The court may require the surety to pledge a specific amount of money, which they may lose if conditions are breached. Actual deposits are rare, but the money must be available and declared.
The surety’s credibility is critical during the bail hearing. The court will want to know about their relationship with the accused, their background, and how they will supervise the accused. They may be required to testify under oath, particularly if the Crown is not consenting to release or if the accused has a criminal history. The surety’s plan must show how they will prevent the accused from contacting the complainant, attending restricted places, or breaching other conditions.
What Does a Surety Do?
A surety supervises an accused person while they are out on bail, ensuring they follow the court’s conditions and attend all court dates. This is a legal obligation. You are not just offering emotional support or helping out—it is a formal role with legal consequences.
You must be able to monitor the accused’s daily conduct and report any violations to police. This could include making sure they do not contact the complainant, leave the city, or consume alcohol or drugs if such conditions apply. You might need to control access to phones, monitor social media use, or restrict movements.
A surety does not have to live with the accused, but in many domestic cases, the court prefers this arrangement because it allows closer supervision. If conditions require the accused to live with you, you cannot go away on vacation or leave them unsupervised.
If the accused violates bail conditions, you must contact police. Failing to report a breach can lead to the court asking you to forfeit the amount you pledged. In serious cases, courts can seek enforcement and initiate an estreatment of bail hearing to collect that money.
To act as a surety, you should have stable legal status—permanent residency or citizenship—and no criminal record. The court must be confident in your ability to exercise authority over the accused and take your role seriously.
What to Expect from Being a Surety
Being a surety can last a long time and involves more responsibility than many people expect. Cases involving serious charges, for example like domestic assault, can take years to complete. You must be ready for a long commitment, and the court expects you to stay involved for the entire process unless you formally withdraw.
If the accused breaches a condition or fails to attend court, you can lose the money you pledged. This applies whether or not you were aware of the breach, and the court has discretion to decide whether to enforce payment. In serious cases, sureties have been ordered to pay tens of thousands of dollars.
You can apply to step down from the role at any time by going to court and telling them you no longer wish to continue. You don’t need the accused to breach a condition before stepping down. Once you’re removed as a surety, the accused may be taken into custody until another release plan is arranged.
During your time as a surety, your own activities may be affected. If conditions require the accused to live with you, you cannot travel without making alternative arrangements. Courts generally do not allow an accused to be left unsupervised. In some cases, if the accused is not considered a flight risk, travel may still be possible, but this depends on the bail conditions.
Before agreeing to be a surety, you should be confident that you can monitor the accused, act decisively if they breach conditions, and remain committed for the duration of the case. You are stepping into a role the legal system depends on, and your participation has direct legal and personal consequences.
How to Prepare for the Bail Hearing
Preparing for a bail hearing requires understanding what the court expects from you as a potential surety. The court wants to see that you have thought seriously about your role, understand the legal conditions, and have a clear plan to supervise the accused effectively. If the Crown is not consenting to release, or if the accused has a prior criminal record, you may be required to testify under oath.
Before the hearing, you should meet with the accused’s lawyer. They will go over the conditions the Crown is likely to seek and prepare you for possible questions from the court. You will need to explain your relationship to the accused, your home situation, and how you will monitor compliance with bail conditions. For example, if a no-contact condition is in place, you should be ready to describe how you will prevent the accused from contacting the complainant.
You should also be ready to demonstrate that you can respond to breaches. The judge will expect you to say that you will contact police if the accused violates the order. You may need to explain what tools you will use to monitor them—such as phone access, GPS features, or daily supervision.
You do not need your own lawyer, but you must understand the seriousness of the role. You are being asked to be accountable for someone who has been charged with a crime. You will likely need to pledge a sum of money, and the court must be convinced that you are responsible and financially stable enough to back that pledge.
Should You Be a Surety for Someone?
You should only agree to be a surety if you are confident in your ability to supervise the accused and intervene if they fail to follow conditions. This decision should not be based on emotion or loyalty alone. It is a legal responsibility that can affect your time, finances, and daily life.
You must be able to say, without hesitation, that you trust the person to follow the court’s orders and that you are willing to enforce those orders yourself. If they breach the conditions and you don’t report it, the court can make you pay the amount you promised. Even if you believe they deserve support, your role is to act as the court’s representative in the community—not just a friend or family member.
Ask yourself:
- Do I live in a stable residence where the accused can stay, if required?
- Can I realistically supervise them every day?
- Am I willing to call police if they violate their conditions?
- Am I prepared to stay in this role for up to several years?
You can stop being a surety at any time, but that means the accused will be arrested unless someone else steps in immediately. That decision can be emotionally difficult and legally complex. It’s best to avoid that situation by making a careful decision from the start.
Can You Travel If You Are a Surety?
Whether you can travel as a surety depends on the bail conditions placed on the accused. If the accused must reside with you and you plan to leave, even temporarily, the court may see that as a violation of the supervision plan. In such cases, you cannot travel unless another suitable surety is approved or the bail conditions are changed in court.
If the accused is not required to live with you, and their conditions allow them to live independently while still under your supervision, you might be able to travel. But you still need to ensure that you are reachable and capable of responding if the accused breaches conditions during your absence. If something goes wrong while you are away, and you are seen as negligent, the court may not accept excuses.
Even when travel is technically possible, you must weigh the risk. The court expects you to be available and proactive. If you are not present to supervise the accused, your credibility as a surety can be undermined. If something happens during that time, you may face legal or financial consequences.
In all cases, if you plan to travel, you should inform the lawyer representing the accused. They can help determine whether the current bail conditions make travel realistic or whether you need to apply for a change before making any plans.
Can The Accused Travel?
Whether the accused can travel while on bail depends entirely on their release conditions. In most domestic-related cases, the court imposes conditions that restrict contact with the complainant or require the accused to stay within a certain jurisdiction. However, conditions that specifically restrict travel are not automatic unless the court believes the accused is a flight risk.
If the court does not take the accused’s passport or impose a condition limiting movement, then the accused may travel. But this is only true if travel doesn’t interfere with any conditions—such as attending court dates or staying within a defined area. For example, if the accused must live with their surety or remain at a particular address, they cannot leave that location, even briefly, without court permission.
In some cases, the court may allow travel with written permission or after a formal request to vary bail conditions. This variation must be approved by a judge. Any travel must not result in missed court appearances or violations of no-contact orders, which are common in domestic charges.
If you are the surety, it is your job to ensure the accused does not travel in violation of their conditions. Allowing or ignoring unlawful travel can put your role and financial pledge at risk.
Can You Step Down from Being a Surety?
You can step down from being a surety at any time, and you do not need to provide a reason. You do not need to wait for a breach of conditions. If you feel you cannot continue to supervise the accused—due to a personal situation, travel, health, or loss of trust—you have the right to withdraw.
To step down, you must go to court and inform the justice of the peace or judge that you no longer want to act as surety. The accused will likely be arrested unless a new surety is already in place or approved immediately. Once you are removed, you are no longer legally or financially responsible for the accused.
Stepping down is a serious decision. If the accused is arrested after you withdraw, they may be held in custody until another bail hearing can be arranged. In some cases, the Crown may oppose further release.
You should be certain about your decision before taking this step. The court does not penalize you for withdrawing, but it expects sureties to take their role seriously from the start.
How to Stop Being Someone’s Surety
If you decide to stop being a surety, you must take formal action through the court. You cannot simply inform the accused or their lawyer. The legal process involves going to the courthouse and asking to be removed from the recognizance or bail document you originally signed.
You will need to appear in front of a justice of the peace or judge. The court will then issue a warrant for the accused’s arrest, unless a new surety is ready to take over immediately. If you know another person who is willing and eligible to act as surety, it is best to coordinate with the accused’s lawyer before attending court.
There is no penalty for stepping down. The court will not force you to remain in the role. But once you step down, your legal responsibility ends. You are no longer at risk of losing the money you pledged, and you no longer need to supervise the accused.
After the court removes you as surety, the accused becomes the responsibility of the police until they can be released again under new conditions. The accused should be aware that your decision could lead to their re-arrest and detention. If you plan to stop being a surety, it is best to give notice so they can try to arrange another release plan.
What Happens If the Accused Flees?
If the accused flees while on bail, the surety faces financial consequences. The most immediate result is that the court may issue a warrant for the accused’s arrest. Once the accused is found, they will likely be taken into custody and may not be granted bail again.
As a surety, you have pledged to supervise the accused and ensure they attend court. If they fail to show up, the Crown can start a process called “estreatment.” This is a court hearing to recover the money you pledged. You may be required to explain what you did to prevent the accused from fleeing and how you responded when you realized they were gone.
The court can order you to pay all or part of the amount you promised. While courts may consider your efforts in some cases, they are not obligated to show leniency. The more serious the charge or the less action you took, the more likely you are to lose the full amount.
What Happens if the Accused Commits a Crime?
If the accused commits a crime while on bail, their release conditions will almost certainly be revoked. They will be arrested and held in custody. The Crown will oppose any new release, especially in cases involving violence or repeat offences.
As the surety, your financial pledge is at risk. If the court finds that you failed to supervise the accused adequately, you may be asked to pay the amount promised. The estreatment process applies here just as it does when the accused flees.
The new offence may also lead to additional charges that complicate the original case. For example, a domestic assault charge followed by a breach or second assault will influence sentencing, credibility, and bail status. The accused could face harsher penalties and lose eligibility for diversion or discharge programs.
You are not automatically penalized because the accused committed a crime, but you must be able to show that you took your role seriously. That means regular supervision, setting boundaries, and being ready to contact police if something goes wrong.
Tips and Best Practices for Being a Surety
Before agreeing to be a surety, speak to the accused’s lawyer. Understand exactly what the bail conditions are and what the court expects from you. Ask detailed questions about your role, including what to do if the accused violates a condition.
Be realistic about your availability. Can you supervise the accused daily? Can you stop them from contacting the complainant? If the answer is no, you should not take on the role.
Set clear rules with the accused from day one:
- No communication with prohibited individuals.
- No travel without court permission.
- Mandatory court attendance.
Keep detailed notes of anything unusual. If something concerns you—such as signs of substance use or attempts to contact someone they are barred from seeing—speak to their lawyer or the police. Courts appreciate documentation if there is a dispute over your actions.
Avoid giving access to phones or private spaces without limits. Supervision means being active, not passive. If a GPS app or other monitoring method helps, use it. The goal is to prevent breaches, not just respond to them.
If your situation changes—illness, moving, or breakdown of trust—go to court to ask to be removed as surety. Do not wait for a breach to happen. Taking early action can protect your legal and financial standing.
X-Copper Can Help
If you are thinking about becoming a surety for a friend or family member, you’re likely feeling pressure, uncertainty, or both.
If someone you care about is facing criminal charges, contact X-Copper. We can help you understand your options, prepare for court, and support your loved one with trusted, experienced legal representation.
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