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