Bail Review Hearings: Understanding Your Options

If you or a loved one has been denied bail, it’s important to understand the legal avenues available for reviewing that decision. The Criminal Code of Canada provides multiple ways to challenge a bail ruling, depending on the circumstances of the case.

Key Points to Know About Bail Reviews:

•  Two Main Review Mechanisms – Bail decisions can be reviewed under Sections 520 and 521 for most offences, or under Section 680 for more serious charges, including those under Section 469 (e.g., murder, treason).

  
  

• Who Can Request a Review? – Both the accused and the prosecutor can seek a bail review. The accused may challenge a detention order, while the Crown may challenge a release order.

  
  

• Types of Bail Decisions That Can Be Reviewed:

  • Release without financial conditions

  • Release with financial obligations

  • Detention orders

  • Non-communication orders

    
    

• Standard of Review – A reviewing judge can only overturn the original bail decision if:

  • There was an error in law

  • The decision was clearly inappropriate

  • New evidence presents a material change in circumstances.

    
    
    
    

• Automatic Review for Delayed Trials – If an accused remains in custody for 90 days (indictable offences) or 30 days (summary offences) without trial, the court will automatically review their detention.

What Should You Do If You Need a Bail Review?

• Act quickly – timing is critical.

• Gather all necessary documents, including transcripts and affidavits.

• Work with an experienced criminal defense lawyer to present the strongest case possible.

If you or a loved one needs a bail review, we can help. Our criminal defence team has the experience and knowledge to fight for your release.

Disclaimer: This article is provided for general informational purposes only and should not be considered legal advice. Reading this content does not create a lawyer-client relationship with our firm. Every legal situation is unique and depends on the specific facts involved. If you are facing a legal issue or criminal charge, you should speak directly with a qualified lawyer who can review your circumstances and provide advice specific to your case.