What happens at a bail hearing in Ontario?
Last reviewed 22 Sep 2026 · Updated 28 Sep 2026
A bail hearing is where a court decides whether someone charged with a crime is released while the case proceeds, and on what conditions. It usually happens within a day of arrest. The court looks at the charge, the person's record, and the release plan: who will supervise, where they'll live, and who is putting up money.
When does the hearing happen?
After an arrest, police either release the person from the station with paperwork, or hold them for a bail hearing. If they are held, the law says they must be brought before the court within 24 hours, or as soon as possible after that. Weekends and holidays included — Toronto runs bail court seven days a week.
Where does it happen?
In the Ontario Court of Justice for the area where the arrest happened. In the GTA that usually means the Toronto courthouse at 10 Armoury Street, Old City Hall, Brampton (7755 Hurontario Street), Newmarket (50 Eagle Street West) or Oshawa (150 Bond Street East). Many hearings now happen by video from the police division or detention centre.
Who decides, and what are they deciding?
A justice of the peace, or sometimes a judge. They are not deciding guilt. They are deciding three things, in order: will this person come back to court, is the public safe if they are released, and would releasing them undermine confidence in the justice system.
The Crown lawyer argues one side; the defence lawyer argues the other.
What does the court want to see?
A plan. Where the person will live, who will supervise them, what rules they will follow, and — if the court asks for it — money pledged as a promise. The court prefers the least restrictive release that still answers those three questions.
A weak plan at 9 a.m. can mean days or weeks in custody while a better one is built.
What is a surety?
An adult who agrees to supervise the person and pledge an amount of money if they break the rules. Usually a parent, partner, sibling or close friend with a stable address and no serious record. The surety may have to testify.
(Full guide: What a surety does.)
What can happen at the end?
- Released, with conditions (a release order).
- Released, with a surety and conditions.
- Detained — held in custody until trial, with a right to review that decision.
- The hearing adjourned so a plan can be prepared — usually a few days.
What should the family do tonight?
- The court usually asks about the proposed surety: their name, their relationship to the person, their address, and whether they own a home or work. Those details are what a hearing is built around.
- The papers the police handed over — release documents, charge sheet, property receipt — are what the court and the lawyer read first.
- The two facts the office asks for first are where the person is being held and the charge as the family understands it.
- Get a criminal defence lawyer's office on the phone before the hearing.
What happens when you call Remandly at 2 a.m.?
Someone answers. Not voicemail, not a form. You say what happened — where the person is being held, what they were told, who you are to them — and a file opens while you're talking.
If a bail hearing is coming, the questions that matter get asked now, not in the morning: who could act as a surety, whether there's a fixed address, what the release paper says. Bail hearings are handled anywhere in Ontario. After the call, the file stays open by text, so you're not starting over with a stranger at 9 a.m.
What do people ask about bail hearings?
When does the hearing happen?
After an arrest, police either release the person from the station with paperwork, or hold them for a bail hearing. If they are held, the law says they must be brought before the court within 24 hours, or as soon as possible after that. Weekends and holidays included — Toronto runs bail court seven days a week.
Where does it happen?
In the Ontario Court of Justice for the area where the arrest happened. In the GTA that usually means the Toronto courthouse at 10 Armoury Street, Old City Hall, Brampton (7755 Hurontario Street), Newmarket (50 Eagle Street West) or Oshawa (150 Bond Street East). Many hearings now happen by video from the police division or detention centre.
Who decides, and what are they deciding?
A justice of the peace, or sometimes a judge. They are not deciding guilt. They are deciding three things, in order: will this person come back to court, is the public safe if they are released, and would releasing them undermine confidence in the justice system.
The Crown lawyer argues one side; the defence lawyer argues the other.
What does the court want to see?
A plan. Where the person will live, who will supervise them, what rules they will follow, and — if the court asks for it — money pledged as a promise. The court prefers the least restrictive release that still answers those three questions.
A weak plan at 9 a.m. can mean days or weeks in custody while a better one is built.
Charged in Ontario or Alberta? Seven questions, about four minutes. Just asking?
Use the box above — free 24/7 criminal law information · not legal advice · not a law firm.
Open a file — a criminal defence lawyer's office gets on itSources
- Justice Laws Website, accessed 2026-09-25
- Ontario Court of Justice, accessed 2026-09-25
- Legal Aid Ontario, accessed 2026-09-25
Remandly is not a law firm and this page is information, not legal advice. Payment arrangements available. Private retainer only. Legal Aid Ontario: 1-800-668-8258.