What Are Bail Conditions and How Difficult Can They Be?

Graham Zoppi & Hillson

January 13, 2024
Bail Hearing in Toronto

Following an arrest, you might feel anxious about achieving bail. Bail allows you to return to life while fighting criminal charges. You’ll ideally stay out on bail until a judge or jury renders a final decision on your case.

Each bail order comes with specific conditions you must follow. What are bail conditions, and how difficult can they be to navigate? RGZ Law explores the details below. 

What Does Bail Mean?

In Canada, bail is also known as judicial interim release. It refers to a judicial process that releases a charged person from custody while they move through their court proceedings. While bail allows you some normalcy and comparative freedom to the alternative (detention), you still must adhere to the conditions of your bail to retain its privileges. 

Types of Bail

The Canadian justice system has two forms of release that could be granted for someone with criminal charges. 

Release by Police

The police might choose to release you following an arrest and charges. You won’t have to appear before a judge under that circumstance. If local police officers arrest you, they may choose a release on one or both of the following:

With a “notice to appear,” police use their judgment to determine whether they can trust a person with charges to appear in court to answer the charges. They’ll issue an appearance notice with conditions like mandatory court attendance and fingerprinting following the arrest. 

With an “undertaking,” there are additional conditions imposed on you in order for an officer or court to grant you a release. The additional conditions can include:

  • No direct or indirect contact with the alleged victim
  • Location restrictions
  • Curfews
  • Restricted travel allowances
  • Passport surrender

Release by Court

Alternatively, police might keep you in custody until a provincial court justice will grant you bail. If you must undergo a bail hearing, you should seek the assistance of legal counsel. 

When applying for bail before a justice, you may be required to have a surety to be released on bail. A surety is a person who will help the court watch you and ensure that you follow any bail conditions that are imposed. A surety is typically a Canadian citizen or permanent resident has no prior criminal record, and has some form of income or assets sufficient to meet the financial surety pledge they are making to the court.

You might also require cash bail, which requires that you put up money to secure your release. Under some circumstances, your bail conditions might include a combination of both. 

What Are Bail Conditions, and How Difficult Can They Be? Find Answers Through RGZ Law

What are bail conditions, and how difficult can they be? The answer largely depends on the criminal charges and whether the accused is deemed a flight risk by the police or judge. Call 416-873-6970 to book a consultation with a criminal defence lawyer from RGZ Law. We’ll help you navigate your bail conditions and pending court cases.