The presumption of innocence and the right to reasonable bail are fundamental principles of our justice system and constitutionally protected rights. If you are arrested and taken into custody in Edmonton, you are entitled to a bail hearing within 24 hours. This is called a “first appearance bail hearing,” and it is held before a Justice of the Peace of the Justice Hearing Office via teleconference or videoconference. You have the right to speak to a criminal lawyer before the bail hearing, and you also have the right to hire a lawyer to represent you at the hearing.
Canadian Laws & Codes
The Charter of Rights and Freedoms says that you have a right not to be denied reasonable bail without just cause. In most situations, being granted bail is the rule and detention in custody is the exception. If the Crown Prosecutor is opposed to your bail, they have the burden (or “onus”) of proving why you should not be released (this is called “showing cause”). In this situation, you and your criminal lawyer will decide whether you wish to run a bail hearing in front of the JP or if you wish to adjourn your bail hearing to be heard by a judge in the Edmonton Court of Justice (provincial court). Frequently, bail hearings where the Crown is opposed to release (called “contested bail hearings”) are adjourned to provincial court so that you and your lawyer have time to come up with a good bail plan.
As outlined in the Criminal Code of Canada, there are three reasons why your bail might be denied (these are referred to as “grounds for detention”):
- If detention is necessary to ensure your attendance in court
- If detention is necessary for public safety, considering any substantial likelihood of reoffending upon release or interference with the administration of justice
- If detention is necessary to maintain confidence in the administration of justice, considering: the apparent strength of the prosecution’s case, the gravity and circumstances of the offence, and the potential for a lengthy prison sentence if convicted.
Outlining Bail Plans
A good bail plan often takes time to put in place and will address any grounds for detention that the Crown prosecutor is relying on to oppose your release. When preparing a bail plan, it is important to be proactive and provide all relevant information to your Edmonton criminal defense lawyer. A good bail plan will answer questions such as:
- Where will you reside if released? Is there a stable home environment for you to go to?
- What will you be doing to occupy your time and keep you out of trouble? Will you be working full-time? Attending school? Letters of employment and written confirmation of acceptance into schooling programs are beneficial.
- Do you have dependents, financial or otherwise?
- Can you promise to pay a certain amount of money as collateral if you were to breach a bail condition?
- Is there someone in your life who might act as a surety? A surety is an individual who makes a promise to the court to supervise you while you are out on bail. Your surety also promises to pay money to the court if you breach any of your bail conditions or if you do not show up to court.
- If you are dealing with mental health or substance use/addictions issues, would you be open to going into residential treatment? If so, the next step is to investigate treatment options.
Thinking about these questions in advance can help speed up the process of developing a solid bail plan that your lawyer can use when arguing for your release. In some cases, a good bail plan can assist your lawyer in negotiations with the Crown prosecutor which could result in the Crown consenting to your release in advance. This is the best option as it reduces your risk of going to court and having a judge decide against releasing you.
Understanding Release Conditions
If you are released, the court can impose conditions that you must follow while out on bail. The purpose of imposing conditions is to address any risk to public safety and ensure you do not commit new offences while awaiting trial. Some examples of conditions include:
- Attend court as directed
- Report to a bail supervisor
- No contact with certain individuals (often the complainant or co-accused)
- “No go” to certain places
- Curfew or house arrest
- No Weapons
It is important to note that if you breach any of your bail conditions, your bail can be revoked (meaning you will end up back in custody) and you may also be charged with an additional offence of breaching a release order. This will make it more difficult to secure your release at any future bail hearings.
Partner with an Edmonton Lawyer, & Get Help with Bail
Remember, the Charter of Rights and Freedoms protects your rights at the pre-trial stage because you are presumed innocent until you are found guilty by a judge or jury, or you plead guilty. Release on bail at the earliest reasonable opportunity with the least onerous conditions is the default position that the courts must consider. There are many elements when it comes to bail, and many moving parts, and an Edmonton criminal lawyer can help guide you through this complex and often evolving process.
BW Law, based in Alberta, specializes in defending charges from sexual assault to traffic violations. Our all-female lawyer team brings over 50 years of combined courtroom experience, maintaining a stellar reputation across courts. We ensure meticulous case management and client relations, offering a free 30-minute consultation to start your defense strategy. Celebrated for never losing a jury trial, we’re your best defense in challenging times. Our practice areas include fraud, workplace investigations, and domestic violence. Contact us at 780-244-5800 to protect your rights and regain peace of mind.