Understanding the Process for a Criminal Case Bail Hearing in Ontario
Apr, 2025
Being arrested and facing criminal charges can be one of the most overwhelming experiences in a person’s life. Whether it’s your first encounter with the law or not, the first court appearance—known as a bail hearing—is crucial. It can determine whether you are released back to your community or kept in custody while your case moves through the court system.
At Rashidy & Associates, our criminal defence lawyers in Toronto routinely represent individuals at all stages of the criminal process, including bail hearings. Mohamed El Rashidy, litigation lawyer from our Toronto office, often stresses the importance of early legal intervention: “A properly prepared bail hearing can be the difference between getting your life back on track or spending months behind bars while awaiting trial.”
The Role of Police in Initial Arrest and Release Decisions
The bail process begins at the time of arrest. After arresting an individual, the police may choose to release them on a Promise to Appear or Undertaking with conditions. This is more likely for minor or non-violent offences.
However, for serious charges, individuals are often held in custody and must appear before a justice of the peace within 24 hours. At this point, the Crown must either consent to release or conduct a formal bail hearing.
As Mohamed El Rashidy notes, “Many people don’t realize that early legal involvement—sometimes within hours of arrest—can significantly affect how the case unfolds. As lawyers, we can reach out to police, prepare a surety plan, and start advocating for your release even before the court date.”
How Bail Works Under the Criminal Code in Criminal Cases
The rules surrounding bail are laid out in Section 515 of the Canadian Criminal Code. In most situations, the burden is on the Crown (the prosecutor) to show why the accused should be kept in custody. This is referred to as a “show cause” hearing.
The court will consider various forms of release, such as:
- Release without conditions
- Release with conditions, such as no-contact orders or curfews
- Release with a surety, someone who pledges to supervise the accused and ensure they follow bail terms
If the court is satisfied that the accused will attend court, won’t pose a danger, and won’t interfere with the administration of justice, they are likely to be released.
But even when release is legally possible, it must be properly argued. That’s where skilled representation makes a difference. At Rashidy & Associates, we develop a tailored release plan based on your personal situation—whether that involves family members, mental health supports, or community ties.
Grounds for Denial of Bail: Key Factors Considered
There are three primary grounds under which a court can deny bail:
- Primary Grounds: The court believes the accused won’t attend their court dates.
- Secondary Grounds: The accused poses a threat to public safety or may commit more crimes if released.
- Tertiary Grounds: The need to maintain confidence in the justice system, often in high-profile or extremely serious cases.
When assessing these grounds, the court looks at:
- The nature and seriousness of the offence
- The accused’s criminal history
- Whether they were already on release for another charge
- Their employment status and family/community support
- Any risk of flight
Unfortunately, people from marginalized or immigrant communities may face additional bias or misunderstanding. Language barriers, cultural differences, and unfamiliarity with the legal system can be misinterpreted as a lack of community ties or stability.
That’s why Mohamed El Rashidy, who speaks Arabic and French, focuses heavily on bridging this gap: “It’s not just about translating words—it’s about making sure the court understands the full context of your life, your responsibilities, and your potential.”
Understanding Reverse Onus and Serious Criminal Charges
In some cases, the usual rules don’t apply. Under the reverse onus provisions of the Criminal Code, the accused must prove that they should be released—rather than the Crown proving why they should remain in custody.
Reverse onus applies in situations such as:
- Being charged with a firearms offence
- Allegations of trafficking or importing drugs
- Offences committed while already on release
- Failing to appear in court previously
These hearings are more complex and demand a higher level of preparation. Defence lawyers must present a solid plan for release that includes responsible sureties, detailed supervision arrangements, and a clear explanation of why the individual can be trusted to comply with bail terms.
“At Rashidy & Associates, we don’t just argue—we present solutions,” says Mohamed El Rashidy. “We work with families, mosques, and cultural organizations when appropriate to build a plan that reassures the court and sets our client up for success.”
Why Cultural Understanding Matters at a Bail Hearing
Legal expertise is critical—but it’s not always enough. Cultural sensitivity can be just as important, especially when bail courts are evaluating trust, community connections, and credibility.
As a tri-lingual firm with deep connections to Toronto’s diverse communities, Rashidy & Associates takes pride in representing clients in Arabic, French, and English. Many of our clients are newcomers or first-generation Canadians who may not fully understand the legal process—or who have had negative experiences with authority in their home countries.
In these cases, working with someone like Mohamed El Rashidy, who understands the linguistic, religious, and cultural context of your life, can be vital. “There’s an immediate sense of trust,” says one past client. “I didn’t have to explain everything—I felt seen and respected.”
Looking Ahead: What Happens After Bail?
Being granted bail is only the beginning. If released, the accused must follow all conditions strictly. Any breach can lead to re-arrest and additional charges. It’s also important to begin preparing for trial or resolution from the moment you’re released.
Our firm supports clients every step of the way—from bail to trial or resolution. We offer clear guidance, proactive planning, and legal advice that’s responsive to your situation.