When there is refusal to release the accused, bail hearings or show cause hearings are required. Section 515 of the Criminal Code is the governing provision pertaining to bail hearings. The standard of proof for a bail hearing is on the balance of probabilities. The onus of proving why the accused should be detained usually rests with the Crown, however that onus is reversed under section 515(6) of the Code where the accused is charged with an indictable offense not part of section 469 and a few other exceptions.

There are three criteria justifying detention of the accused before trial:

  1. Primary Ground: Detention is necessary so that the accused appears in Court – meaning there have been too many “Failures to appear” previously.
  2. Secondary Ground: Detention is necessary for the protection or safety of the public and the administration of justice.
  3. Tertiary Ground: Detention is necessary to maintain confidence in the administration of justice

Let us assist you by drafting a strategy for you in your bail hearing. Have you been recently detained or been in detention way too long and there is no sight as to when the trial date is?

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