Bail

Bail on a Murder or Violent Crime Charge

A murder case can take years to reach trial. Whether the accused spends that time at home or in custody is decided at a single hearing, and on these charges the accused carries the burden.

By Robb MacDonald · Updated 6 October 2026

Yes, bail is possible on a murder charge in Canada. Only a Superior Court judge can grant it, and the accused has to show why detention is not justified. Since July 2026, that means clearly demonstrating that the proposed release plan addresses the risks. The public-confidence ground usually decides these hearings.

Who decides bail on a murder charge?

Murder is one of the offences listed in section 469 of the Criminal Code, along with accessory after the fact to murder and conspiracy to commit murder. For those offences, a justice of the peace at the bail centre has no power to release. The application goes to a judge of the Superior Court of Justice under section 522, and the judge must order detention unless the accused shows cause why it is not justified.

Attempted murder is not on the section 469 list. It is heard at the bail centre like other charges, though it is often a reverse-onus hearing because of a firearm or other features of the allegation.

The right behind this is in section 11(e) of the Charter: the right not to be denied reasonable bail without just cause. It applies to murder charges too. Release is harder to get, but the law has never treated it as impossible.

What changed for bail in July 2026?

Parliament's Bail and Sentencing Reform Act came into force in July 2026, and it changed serious-charge bail hearings in three ways.

The standard rose. An accused charged with murder, or facing any other reverse onus, now has to show cause by clearly demonstrating that the release plan addresses the risks posed in relation to the three grounds for detention. A general argument for release is no longer enough. The plan has to answer each concern specifically.

The restraint principle was qualified. A new section 493.11 says that the principle of restraint does not require release, and that a judge must not give primary consideration to releasing a reverse-onus accused at the earliest opportunity.

And the public-confidence ground widened. Courts weighing it can now consider the number and gravity of any other outstanding charges against the accused.

How does the public-confidence ground work?

Section 515(10) sets out three grounds for detention: securing attendance in court, protecting the public, and maintaining confidence in the administration of justice. In murder cases the first two can often be met with a strong plan. The third, often called the tertiary ground, is usually where the hearing is won or lost.

The court looks at the apparent strength of the Crown's case, the gravity of the offence, the circumstances of it, including whether a firearm was used, and the potential sentence. In R. v. St-Cloud, 2015 SCC 27, the Supreme Court said this ground is not limited to rare or exceptional cases. It also held that the court should consider weaknesses in the Crown's case and available defences, measured against what a reasonable, informed member of the public would think. That makes the strength of the case a live issue at bail. Identification problems, a viable self-defence claim, or a weak link between the accused and the death can all count.

What does a release plan need?

On a murder or serious violent charge, the plan is the case for release. Courts expect the defence to have thought through every gap before the hearing, and they test that thinking on the witness stand. A strong plan usually includes:

More than one surety, who know the accused well, have meaningful assets to pledge, and can describe exactly how they will supervise.
A residence away from the complainant's family and the area of the alleged offence.
House arrest, with narrow exceptions such as court dates and medical appointments, always in the company of a surety.
GPS electronic monitoring where the risk calls for it. In Ontario this is usually arranged privately and paid for by the accused or the family.

No-contact and no-weapons conditions are standard, and so is surrendering a passport. The point is not to offer every condition imaginable. Since R. v. Zora, 2020 SCC 14, conditions have to be tied to a real risk. The aim is a plan where each concern the Crown raises already has an answer, and each answer has a person standing behind it.

Sureties need to be chosen with care. Since July 2026, a court cannot name someone convicted of an indictable offence in the past ten years unless no other suitable surety is available and it is in the interests of justice. Our guide to how bail works for families explains what a surety is signing up for.

What about violent charges other than murder?

Attempted murder, aggravated assault, robbery and firearms charges are heard by a justice of the peace, at the Toronto Regional Bail Centre for Toronto cases. Many of them are reverse onus under section 515(6). The list includes most firearms offences, and assault or sexual assault involving choking or strangling. It also covers a repeat weapons-violence offence within ten years, a third violent indictable offence, and any offence allegedly committed while already on bail. The same "clearly demonstrating" standard applies.

The main practical difference is speed. A bail centre hearing can happen within days, while a murder bail application in the Superior Court is prepared and scheduled more like a motion.

Why the first hearing matters so much

The time spent in custody before trial can be long, and it is not given back if the case falls apart. In one of Robb's 2025 files, K.S. was charged with second-degree murder in the death of her child's father. She spent two years and eight months in custody. Then Robb obtained records showing her ex-partner's documented history of violence and criminal activity, and every charge was withdrawn. Read the 2025 record, in which five people went from a murder charge to going home. Past results do not guarantee future outcomes.

If bail is denied on a murder charge, the review goes to the Court of Appeal under section 680, not to another Superior Court judge. For other offences, a bail review under section 520 goes to the Superior Court, and a detained accused is entitled to a detention review after 90 days. Either way, a review usually needs an error or a material change, so the best chance is a plan that is right the first time.

Robb MacDonald has won multiple bail hearings for clients charged with murder, and has practised criminal defence for more than twenty years. He earned his J.D. at Queen's University in 2006, was called to the Ontario bar in 2007, and trained under Edward Greenspan QC. He is a two-time provincial advocacy champion (Arnup Cup, OTLA Cup) and is in court about five days a week. Every Ontario lawyer is regulated by the Law Society of Ontario.

Call (416) 315-1505 or email rm@lawintoronto.com. The office is at 130 Spadina Ave. #606, Toronto, ON M5V 2L4, and Robb answers day and night. You can also request a confidential consultation.

Bail on Serious Charges: Common Questions

Can you get bail for first-degree murder?+

Yes, though it is difficult. The application is made to a Superior Court judge under section 522 of the Criminal Code, and the accused must clearly demonstrate that the release plan addresses the risks on all three grounds for detention. The seriousness of the charge weighs heavily on the public-confidence ground, so the strength of the Crown's case and the quality of the plan usually decide the outcome.

Is attempted murder a reverse onus offence?+

Often, but not always. Attempted murder is not a section 469 offence, so bail is decided at the regular bail court. It becomes reverse onus when it falls into section 515(6), for example where a firearm is alleged, where the accused was already on release, or where it is a third violent indictable offence. Otherwise the Crown carries the burden.

How long does it take to get a bail hearing on a murder charge?+

Usually longer than an ordinary bail hearing. The defence needs enough disclosure to address the strength of the case, and sureties who have been properly prepared. If electronic monitoring is part of the plan, that has to be arranged before the hearing too. Rushing to a hearing with a thin plan is a common mistake, because a review after a loss is harder still.

Who pays for electronic monitoring?+

In Ontario, GPS monitoring as a bail condition is usually arranged through a private provider and paid for by the accused or their family. The cost and the provider's reporting arrangements need to be in place before the hearing, because the court will want to know exactly how the monitoring will work and who will respond to an alert.

Can the accused testify at their own bail hearing?+

They can, but it is rarely wise in a murder case. Under section 518, the accused cannot be questioned about the offence itself at the bail hearing, but anything they say can still create problems later. The plan is usually presented through the sureties and documents rather than through the accused.

What happens if bail is denied on a murder charge?+

The decision can be reviewed by the Court of Appeal under section 680 of the Criminal Code, on the direction of its chief justice. A review usually requires showing that the judge made an error or that there has been a material change, such as a stronger plan or new evidence weakening the Crown's case. A new application can also be brought later if circumstances change.

Can media report the evidence from a murder bail hearing?+

Not if the accused asks for a publication ban, which the court must grant under section 517. The ban covers the evidence, information and representations at the hearing and the reasons given, and lasts until the accused is discharged at a preliminary inquiry or the trial ends. This matters in high-profile cases, where publicity could affect a future jury.

Bail on a serious charge? Build the plan before the hearing.

Robb is available day and night and in court five days a week. Free, confidential consultation.

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