By Farid Zamani
If your loved one was denied bail in Ontario, you may be scared, frustrated, and unsure what to do next. A bail denial can feel like the end of the road, especially if the first hearing was rushed or the release plan was not strong enough.
But a bail denial is not always the final answer.
In some cases, an accused person can ask the Superior Court of Justice to review the bail decision. This is called a bail review. It is not a simple second chance with the same plan. The court usually needs to see that something went wrong at the first hearing, or that something important has changed since then.
This article explains what a bail review is, why bail may have been denied, and what families can do right away.
What Does It Mean If Bail Was Denied?
If bail is denied, the accused person is kept in custody while the case moves through court. This is called a detention order.
Under Canadian bail law, detention is only allowed on certain grounds. The main reasons are:
1. Attendance in court
The court is concerned that the accused person may not come back to court when required.
2. Public Safety
The court is concerned that releasing the person may create a risk to the public, a victim, a witness, or another person. This can be a major issue in cases involving domestic assault, weapons, past breaches, or threats.
3. Public confidence in the justice system
The court may decide that detention is needed to maintain public confidence in the justice system. This can involve factors such as the strength of the Crown’s case, the seriousness of the charge, the facts of the alleged offence, whether a firearm was involved, and the possible sentence if convicted.
If the court accepts one or more of these concerns, bail may be denied. But the Criminal Code gives an accused person a way to ask a higher court to review that decision.
What Is a Bail Review?
A bail review is an application to the Superior Court of Justice asking a judge to review the earlier bail decision.
Under section 520 of the Criminal Code, an accused person may apply to a judge for a review of certain release or detention orders before trial. The accused must usually give the prosecutor at least two clear days’ written notice unless the prosecutor agrees to shorter notice.
A bail review is not the same as simply asking again. The judge will usually look at the transcript and exhibits from the first bail hearing. The accused and the Crown may also present new evidence in some cases.
In Ontario, the Superior Court says a person may apply for a bail review after bail is denied, and every 30 days after that before trial. The court also explains that the person asking for the review must usually show either a legal error or a material change in circumstances.
When Can a Bail Review Succeed?
A bail review may be possible if there is a real reason for the higher court to change the first decision.
Common grounds include:
A legal error
The first justice of the peace or judge may have applied the law incorrectly, relied on improper evidence, failed to consider the right legal test, or gave too much weight to one issue.
A material change in circumstances
Something important has changed since the first bail hearing. For example, there may now be a stronger surety, a safer address, treatment arranged, employment proof, counselling records, or new facts that were not available before.
A stronger release plan
Sometimes the first plan was too weak, unclear, or rushed. A better plan may directly answer the court’s concerns about safety, attendance, or public confidence.
Why Bail Hearings Fail
Many people are denied bail because the first hearing was not fully prepared. This does not always mean the first lawyer or duty counsel did something wrong. Duty counsel provides an important service, often under time pressure and with many files to handle.
But bail hearings can fail when the plan is not ready.
Common problems include:
The surety was not prepared
A surety must understand their role. They may have to supervise the accused, report breaches, pledge money, and answer questions in court. If they seem unsure or weak, the court may not accept them.
The address was not suitable
The proposed address may be too close to the complainant, a witness, or a place the accused is not allowed to attend. In some cases, the people living at the address may not be suitable supervisors.
The plan did not answer the Crown’s concerns
If the Crown is worried about drugs, weapons, domestic violence, past breaches, or missed court dates, the release plan must deal with those concerns directly.
Important documents were missing
The court may need proof of work, school, housing, treatment, counselling, or family support. A promise without documents may not be enough.
The first hearing moved too quickly
Bail hearings often happen fast. Families may not know what documents to gather, who should act as surety, or what the court needs to hear.
How a Bail Review Lawyer Can Help
A bail review lawyer does not just repeat the first bail plan.
The first step is usually to get the record of the earlier hearing. This may include the audio, transcript, exhibits, and the reasons given by the justice of the peace or judge.
A lawyer can then look for issues such as:
- whether the correct legal test was used
- whether the evidence supported detention
- whether the first release plan was weak
- whether the sureties were properly prepared
- whether new evidence can help
- whether a stronger plan can manage the court’s concerns
If the issue is legal error, the lawyer can explain why the first decision should be changed. If the issue is a change in circumstances, the lawyer can build a new plan with better evidence.
What Families Should Do Right Away
If your loved one was denied bail, move quickly but carefully.
Find out where they are being held
Confirm the detention centre and the next court date.
Get the paperwork
Collect the charge sheet, release documents, detention order, and any papers from the first bail hearing.
Make a list of possible sureties
Think about responsible adults with clean records, stable housing, and the time to supervise the accused.
Gather proof
Useful documents may include:
- proof of address
- employment letter
- school records
- treatment or counselling records
- medical documents, if relevant
- letters from family or community support
- proof of income or assets for a proposed surety
Speak with a criminal defence lawyer
The sooner a lawyer can review the first hearing, the sooner they can tell you whether a bail review may be worth bringing.
What Not to Do After Bail Is Denied
Do not contact the complainant, victim, or witnesses
This could lead to breach allegations or new charges, especially if there is a no-contact order.
Do not post about the case online
Posts, comments, videos, and messages can be saved and used in court.
Do not reuse the same weak plan
A bail review usually needs a real reason for a different result. Going back with the same plan may waste time and money.
Do not pressure anyone to act as surety
A surety must understand the duty and agree freely. A weak or unwilling surety can hurt the application.
Can Duty Counsel Handle a Bail Review?
Duty counsel may be able to help with some bail matters. But a bail review often needs more preparation than a first appearance.
A proper bail review may involve ordering the transcript, studying the reasons for detention, preparing affidavits, meeting with sureties, gathering records, and building a stronger release plan.
That work takes time. If your loved one was denied bail after a rushed hearing, it may be worth speaking with a private criminal defence lawyer about whether a bail review is possible.
Talk to a Lawyer About Your Options
If your loved one was denied bail after a rushed hearing, a duty counsel appearance, or a weak first release plan, contact Zamani Law.
We can review the earlier bail hearing, explain what may have gone wrong, and advise whether a bail review application is the right next step.
Contact our team today to discuss your options and next steps.
Frequently Asked Questions
Can you get bail after being denied?
Yes. In some cases, an accused person can apply to the Superior Court of Justice for a bail review.
What is a bail review?
A bail review is a hearing where a higher court reviews the earlier bail decision. The judge may look at the transcript, exhibits, the first judge’s reasons, and any new evidence that is allowed.
How soon can you apply for a bail review in Ontario?
An accused person may apply after bail is denied. The Criminal Code usually requires at least two clear days’ written notice to the prosecutor unless the prosecutor agrees to shorter notice. After a review is heard, another application usually cannot be brought for 30 days unless a judge gives leave.
Can a new lawyer help after bail was denied?
Depending on the facts, yes. A lawyer may be able to review the transcript, find legal errors, prepare better sureties, gather missing documents, and build a stronger release plan.
What makes a strong bail plan?
A strong bail plan directly answers the court’s concerns. It may include suitable sureties, a safe address, clear rules, proof of work or school, treatment plans, counselling records, and steps to reduce risk.
Is a bail review guaranteed to work?
No. Bail review results depend on the facts, the charges, the accused person’s history, the strength of the release plan, and whether there was a legal error or material change in circumstances.
Legal Disclaimer
This article is general legal information only and is not legal advice. Bail review options depend on the facts of the case, the charges, the accused person’s history, and the evidence. Speak with a criminal defence lawyer about your situation.
About the Author
Farid Zamani is the founder of Zamani Law, a criminal defence firm based in the GTA committed to protecting clients’ rights with professionalism and compassion. After earning his law degree at Buckingham Law School in the U.K., Farid worked at Daley Byers Criminal Law for 12 years before launching his own firm. Farid practises criminal law and has experience handling a wide range of serious and complex cases. Dedicated to the community, Farid is the co-founder of the non-profit Children Without Borders and has contributed to many other charitable organizations.