The bail hearing is often one of the most important stages of the criminal process in violent crime cases in Toronto. Section 11(e) of the Canadian Charter Rights of Freedoms provides the right not to be denied reasonable bail without just cause. If you find yourself facing serious charges, a Toronto criminal defence lawyer may play a central role in your case. Serious charges often involve a reverse onus, meaning the accused must demonstrate why they should be released on bail. Navigating these situations requires knowledge of Ontario’s bail legislation.
Legal Grounds For Denying Bail in Ontario
During bail hearings in Ontario, the court assesses whether detention is reasonable based on legal grounds set out in the Criminal Code:
- Primary ground: It focuses on ensuring the accused will attend court without fleeing.
- Secondary ground: The secondary grounds for detention relate to public safety. If the accused poses a risk of committing further crimes or interfering with witnesses, the court may deny bail.
- Tertiary ground: It applies to particularly serious offences. It examines whether releasing the accused would undermine public confidence in the administration of justice. It includes factors such as:
- Strength of the Crown’s case.
- Severity of the offence.
- Possible sentence if convicted.
- Whether the case involved the use of a firearm.
Crafting a “Release Plan” for Serious Offences
Individuals seeking a homicide defence in Toronto need to do more than offer a promise to appear in court. A detailed release plan is essential.
Sureties form a key part of this plan. These are individuals who agree to supervise the accused and ensure compliance with bail conditions. Sureties must be credible, financially stable, and capable of exercising authority.
Conditions of release plans are often strict. They can include house arrest, curfews, electronic monitoring, and no-contact orders.
A violent crime lawyer must design the release plan to address all concerns raised by the Crown.
A successful judicial interim release application relies on presenting a plan that mitigates all known risks and demonstrates accountability by the accused.
Why Legal Experience Matters in High-Stakes Bail
Serious violent offences often involve a show-cause hearing, where the defence must justify the accused’s release. In cases involving lesser offence, the burden is on the Crown at the bail hearing to explain why bail should be denied. In reverse onus situations, which are common in violent crime cases, the burden shifts to the accused, who must show why they should be granted bail.
Challenging detention on tertiary grounds can be complex, especially in high-profile Toronto cases, which is why an experienced criminal defence lawyer is essential.
FAQ
Can someone charged with homicide actually get bail in Toronto?
Yes, release is possible with a strong and highly supervised release plan that addresses all legal concerns.
What is a “Reverse Onus” hearing?
It is a type of show-cause hearing where the accused must demonstrate why detention is not justified.
What happens if bail is denied at the first hearing?
The accused may apply for a bail review at the Superior Court of Justice, where a judge reassesses the decision.
How long does a bail hearing for a violent crime take?
These hearings are complex and can take a full day or longer, depending on the evidence and the number of witnesses.
Has Robb MacDonald secured bail for accused persons facing murder charges?
Robb MacDonald has successfully won multiple bail hearings in cases where his clients were charged with murder. These bail hearings are extremely hard fought and Robb has had to convince judges to release his clients when they have faced the most serious charges in the
Criminal Code of Canada. The fact that Robb has won multiple bail hearings in murder cases is a testament to the qualify of Robb’s advocacy and the depth of his preparation.
Robb MacDonald Is Ready To Assist With Your Bail Hearings
An informed approach to bail can significantly impact the course of a case.
When stakes are high, your choice of legal counsel matters. Contact Robb MacDonald at (416) 315-1505 or visit our website for a legal consultation.
Disclaimer: This post is for informational purposes only and does not constitute legal advice.
