The bail hearing is often one of the most important stages of a violent crime case. Section 11(e) of the Charter of Rights and Freedoms guarantees the right not to be denied reasonable bail without just cause. In serious cases, a defence lawyer plays a central role, because these matters frequently involve a reverse onus, meaning the accused must demonstrate why they should be released. Navigating this requires a strong command of Ontario's bail legislation.
Legal Grounds for Denying Bail
At a bail hearing, the court assesses whether detention is justified on the grounds set out in the Criminal Code:
- The primary ground focuses on ensuring the accused will attend court rather than flee.
- The secondary ground relates to public safety; if the accused poses a risk of committing further offences or interfering with witnesses, the court may deny bail.
- The tertiary ground applies to particularly serious offences and examines whether release would undermine public confidence in the administration of justice. Relevant factors include the strength of the Crown's case, the severity of the offence, the potential sentence, and whether a firearm was involved.
Crafting a Release Plan for Serious Offences
Someone seeking release on a serious charge must offer far more than a promise to attend court. A detailed release plan is essential. Sureties form a key part of that plan; these are individuals who agree to supervise the accused and ensure compliance with conditions, and they must be credible, financially stable, and capable of exercising authority. Conditions are often strict and can include house arrest, curfews, electronic monitoring, and no-contact orders. A successful application depends on presenting a plan that addresses every concern the Crown raises and demonstrates the accountability of the accused.
Why Experience Matters in High-Stakes Bail
Serious violent offences often involve a show-cause hearing where the defence must justify release. For lesser offences the burden is on the Crown to explain why bail should be denied, but in reverse onus situations, common in violent crime cases, the burden shifts to the accused. Challenging detention on the tertiary ground can be especially complex in high-profile cases, which is why experienced counsel is essential.
Release is possible even on the most serious charges, but only with a strong and highly supervised plan that addresses every legal concern.
If bail is denied at the first hearing, the accused may apply for a bail review at the Superior Court of Justice. Robb MacDonald has successfully won multiple bail hearings for clients charged with murder, a testament to the quality of his advocacy and the depth of his preparation. When the stakes are high, your choice of counsel matters. Contact Robb MacDonald at (416) 315-1505 or email rm@lawintoronto.com.