Understanding Bail

What is Bail?

A bail hearing will determine if you can be released, or not, until your next court date.

In most cases, you will only be held in custody, or denied bail, if there are concerns about:

• Not attending your court appearance
• The safety of the community or individuals

A Bail Hearing does not decide if you are guilty or innocent, it only decides if you can be released back into the community.  

So, let’s get to work – on Understanding Bail:

• Know Your Legal Support Options
• What Happens in a Bail Hearing?
• Following Conditions
• Money Talk: Cash Bail

Know Your Legal Support Options

Accepting help is a sign of strength. Especially during tough times.

There are professionals out there who can help you, some even free of charge, during your Bail Hearing.

The most common legal support you can get for your hearing is a Duty Counsel lawyer from Legal Aid Alberta.

Duty counsel are free lawyers who help you only for the day. They cannot be your lawyer throughout the process. Duty counsel lawyers help outline options, next steps, and will communicate with the Crown Prosecutor on your behalf.

Other legal support options include:

What Happens in a Bail Hearing?

In Alberta, bail hearings happen every day of the year from 8 a.m. to midnight. If you’re in Edmonton or Calgary, they’re usually done over video. In smaller communities, they might happen over the phone instead.

At a Bail Hearing, the Justice of the Peace will decide if you will be held in jail until your trial.

Prior to the bail hearing, your lawyer or courtworker may discuss options with the crown prosecutor — and make agreements that can be brought to the Justice of the Peace at the hearing.

Whether you get released (or not) depends on a lot of factors, including:

• The police report
• How serious the charge is
• Prior record
• Systemic or background factors for Indigenous people (previously called Gladue Principles or Rights)
• Any previous releases on bail

If your legal representative (aka, your lawyer!) and the Crown agree that you can be released, and under what conditions, then your lawyer will discuss the options with you.

You will need to agree with the conditions in order to be released from custody until your trial.

Additional Legal Rights for Indigenous People

If you are Indigenous, you have additional legal rights in your bail hearing.

These rights have been won in the Supreme Court because of the overrepresentation of Indigenous people in the justice system.

Court processes, including bail hearings, must consider the unique systemic or background factors which may have played a part in bringing you before the court.

These factors include the impacts of Canada’s history of colonization and discrimination of Indigenous people. Because of these factors, the court must consider alternatives to jail when making decisions.

So, make sure you discuss your legal rights with your lawyer or courtworker before your bail hearing.

Intimate Partner Violence Cases

Intimate partner violence is one of the most common violent crimes in Canada.

Charges may include assault, sexual assault, forcible confinement, harassment, and uttering threats.

An intimate partner in the criminal code is defined as a current or former spouse, common law partner, or dating partner.

If your charge involves intimate partner violence, you must prove to the court why you should be released from custody.

There are other special cases where you need to do the proving, including:

• Already out on bail when charged with another crime
• Breaching existing release conditions
• Crimes for a criminal organization
• Serious drug offences
• Crimes involving firearms or weapons while on a weapons prohibition order

Common Outcomes

Here are the 3 most common outcomes of Bail Hearings in Alberta:

Following Conditions

If you are released from custody after your Bail Hearing, there may be rules that you need to follow, also known as conditions.

Bail conditions will almost always be related to the charges.

For example, for an assault charge, some common conditions may be:

• No contact with the individual involved in the charge
• Stay away from a residence or place where the person will be
• Cannot possess firearms or weapons

Other common conditions may include:

• Curfew
• Alcohol or drug restrictions

Money Talk: Cash Bail

If paying bail money (aka “cash bail” or “posting bail”) is a condition of your release, that means that you cannot be released until the money is paid.

Cash bail acts like a “guarantee” that you will show up for your court date.

The money is returned if you attend your court date and follow conditions.

Here are some common forms of release:

You can pay bail money yourself, although it can be difficult from inside jail. Often, someone like a family member will pay the bail. The money will be returned to whoever posted it.