Ottawa Bail Hearing Lawyer

When someone is arrested and held, getting them released on bail is often the first and most urgent priority. A bail hearing can happen within a day of arrest, and being prepared makes a real difference. Brett McGarry is an Ottawa criminal defence lawyer who acts quickly on bail hearings and can be reached to start working on a release plan right away.

Call 613-884-8576 for help with a bail hearing.

What Is Bail and How Does It Work in Ontario?

Bail, also called judicial interim release, is the release of an accused person from custody while their case is ongoing. At a bail hearing, sometimes called a show cause hearing, the court decides whether the person should be released and on what conditions. The starting point in Canadian law is that a person is presumed innocent and should usually be released on the least restrictive terms that are appropriate.

Grounds for Detention

A court can order someone held in custody on three grounds:

• The primary ground: to make sure the person comes back to court.
• The secondary ground: to protect the public, including any risk of reoffending or interfering with witnesses.
• The tertiary ground: to maintain public confidence in the administration of justice, considered mainly in the most serious cases.

In some situations the law places a reverse onus on the accused, which means it is up to the defence to show why release is appropriate. These cases call for careful preparation.

The Bail Hearing Process in Ottawa

Bail hearings for Ottawa matters are held at the courthouse at 161 Elgin Street, often very soon after arrest. The Crown will outline its position and the allegations, and the defence presents a release plan. Coming to court with a well-prepared plan, including a suitable surety, gives the strongest opportunity for release.

Sureties and Release Plans

A surety is a person, often a family member or close friend, who agrees to supervise the accused in the community and to pledge an amount of money that can be lost if the conditions are broken. A strong release plan explains who the surety is, how they will supervise, where the accused will live, and what conditions will manage any concerns the court may have. We help identify suitable sureties and build a plan the court can rely on.

Bail Conditions and How to Change Them

Release usually comes with conditions, such as reporting to police, staying away from certain people or places, a curfew, or living with a surety. Conditions that are too restrictive can be difficult to live with. Where circumstances change, we can apply to vary the conditions, for example to adjust a curfew or ease a no-contact term, with the consent of the Crown or by application to the court.

What Happens If Bail Is Denied

If bail is denied, that is not necessarily the end of the matter. The defence can seek a bail review in the Superior Court, where the decision can be reconsidered, particularly if there is new information or a stronger release plan. Acting quickly is important.

How Brett McGarry Can Help

Bail is time sensitive, and early action matters. Brett McGarry can begin preparing a release plan immediately, contact and prepare a surety, and present a focused case for release at the hearing. See the Track Record for examples of recent results.

Areas We Serve Across Ottawa

We act quickly on bail hearings for people across Ottawa, including Centretown, Gloucester, Nepean, Kanata, Barrhaven and Orléans. Ottawa bail hearings are held at the courthouse on Elgin Street, usually within a day of arrest, so families across the city can reach us right away. We assist clients in English and French.

Bail Hearing FAQ

How quickly does a bail hearing happen after arrest?

Often within about 24 hours of arrest. Because it happens so fast, it is important to get a lawyer involved right away so a release plan can be prepared.

What is a surety?

A surety is someone who agrees to supervise the accused in the community and to pledge money that can be forfeited if the conditions are broken. A strong surety can be central to getting bail.

Do I have to pay money to get bail in Canada?

Usually no cash is paid up front. A surety pledges an amount that is only at risk if the conditions are breached. Cash deposits are required only in limited situations.

What are the grounds for being denied bail?

A court can order detention to ensure attendance in court, to protect the public, or to maintain confidence in the justice system in the most serious cases.

Can bail conditions be changed later?

Yes. Conditions can be varied where circumstances change, with the consent of the Crown or by application to the court.

What can I do if bail is denied?

You can seek a bail review in the Superior Court, where the decision can be reconsidered, especially with new information or a stronger release plan.

Contact an Ottawa Bail Lawyer

If you or a loved one has been arrested in Ottawa, contact Brett McGarry right away to begin working on a bail plan. Call 613-884-8576 or contact us online.

For more questions about bail hearings in Ottawa, see our criminal law FAQ.

This page provides general information about the law in Canada and is not legal advice. Every case depends on its own facts, and past results do not guarantee future outcomes.