Key points
- Bail is decided by a justice, usually within 24 hours of arrest
- Release on the least onerous conditions is the starting point
- Since July 15, 2026, more charges carry a reverse onus
- A surety supervises the accused and pledges money, usually without paying it up front
How quickly does a bail hearing happen after an arrest?
Under section 503 of the Criminal Code, police must bring a person they are holding before a justice without unreasonable delay, and within 24 hours where a justice is available. Many people are never held for bail at all: police can release them with an undertaking or an appearance notice and a first court date.
For arrests in Mississauga and Brampton, bail hearings take place at the Ontario Court of Justice in the A. Grenville & William Davis Courthouse, 7755 Hurontario Street, Brampton, either in person or by video from the police station.
What does the justice decide at a bail hearing?
The justice decides whether the accused can be released before trial and on what terms. Section 515(10) of the Criminal Code allows detention on three grounds only:
- Primary ground: detention is needed to make sure the person attends court.
- Secondary ground: detention is needed to protect the public, including the risk of new offences.
- Tertiary ground: detention is needed to maintain confidence in the administration of justice.
The Supreme Court of Canada has confirmed that release is the default. In R. v. Antic (2017) it described a “ladder” of release options, starting with the least onerous, and in R. v. Zora (2020) it held that every bail condition must be necessary, reasonable and the least onerous that will address the risk.
What is a reverse onus, and what changed in 2026?
Normally the Crown must justify why someone should be detained. In a reverse onus case, the accused must show why release is justified. The federal Bail and Sentencing Reform Act (Bill C-14) came into force on July 15, 2026 and added reverse onus situations, including:
- auto theft involving violence or organized crime, and breaking into a home
- assaults and sexual assaults involving choking, suffocating or strangling
- extortion involving violence, and human trafficking or smuggling
- serious violent offences where the person has two or more prior convictions for similar offences
Courts must now also consider whether the allegations involve random or unprovoked violence and, on the tertiary ground, the number or seriousness of any outstanding charges. In practice, this makes a well-prepared release plan more important than before.
Who can be a surety, and what do they promise?
A surety is a responsible adult who agrees to supervise the accused while on bail and pledges an amount of money to the court. In Ontario, the surety usually does not pay the money up front; it can be forfeited if the accused breaks the conditions and the surety failed to act. A suitable surety generally:
- knows the accused well and can supervise them in person, often living with them
- has stable finances that support the amount pledged
- has no recent criminal record or outstanding charges
- understands they must call the police if the accused breaches a condition
Preparing the surety before the hearing matters. The Crown or the justice may question them, and they need to show they understand the role and can actually supervise.
What bail conditions are common?
Typical conditions include living at a set address, a curfew, no contact with named people, staying away from certain places, not possessing weapons and, in more serious cases, house arrest with exceptions. Breaking a condition is a separate offence under section 145 of the Criminal Code and can lead to a new arrest and the loss of bail.
What if bail is denied or the conditions are too strict?
A detention order or unworkable conditions can be challenged through a bail review in the Superior Court of Justice under section 520 of the Criminal Code. Conditions can also be changed later, either with the Crown’s written consent or by a court order, for example when work or family circumstances change.
How Maks Law Firm helps with bail
Our criminal defence lawyers in Mississauga speak with the person in custody, work with family members who may act as sureties, build a release plan and run the bail hearing in Brampton. Families can reach us by phone or WhatsApp at any hour, which matters when a hearing may happen the next morning.
Help near you in Mississauga, Brampton and Peel
Criminal charges laid in Mississauga, Brampton and the rest of Peel Region are heard at the A. Grenville & William Davis Courthouse, 7755 Hurontario Street, Brampton, including bail hearings, first appearances and trials in the Ontario Court of Justice.
Maks Law Firm is a Mississauga law firm. Our criminal defence lawyers act for clients across Mississauga, Brampton, Peel Region and Ontario, with meetings by appointment in person in Mississauga or by phone. You can reach us 24/7 on (647) 955-1681 or WhatsApp (647) 739-1639, or send an enquiry.
Sources
- Criminal Code, ss. 145, 503, 515, 520
- R. v. Antic, 2017 SCC 27
- R. v. Zora, 2020 SCC 14
- Justice Canada: Bail and Sentencing Reform Act (Bill C-14), in force July 15, 2026
Last reviewed: November 10, 2026General information about Ontario law, not legal advice for your situation.