RemandlyCall now

What does a surety do in an Ontario bail case?

Asked 4 times this month · Ontario

A surety is an adult who promises the court two things: to supervise someone released on bail, and to pledge an amount of money as that promise.

A surety is an adult who tells the court they will supervise a person released on bail and who pledges an amount of money as a promise that the rules will be followed. Two things are involved: making sure the person sticks to every condition of release, and risking loss of the pledged amount if they don't. Usually no money changes hands up front — it's a pledge rather than a deposit, though a court can order that an amount actually be paid in. The court usually looks for an adult with a stable address in Ontario, no serious record, a real relationship with the person, and enough presence in their life to actually supervise them. A surety may be asked to testify at the hearing, answering plain questions about who they are and how they'll supervise. They can also withdraw as surety later by going back to court, which puts the person back in custody until a new plan is approved. This process is the same across Ontario courts. The lawyer's office goes through what being a surety would mean in a specific situation on the call.

Sources: Criminal Code of Canada · Law Society of Ontario · Law Society of Alberta · Legal Aid Ontario · Legal Aid Alberta

Share card · Ask your own question

Related guides

Is this about something happening to you or someone you know?

Talk to someone now — your file opens and the office is on itOr start by text

Published under a standard reviewed by a criminal defence lawyer licensed in Ontario