A bail hearing (also called “judicial interim release”) is when a Justice (“judge”) decides whether a person who has been arrested should be allowed to go free while they wait for their trial. If the police believe that simply releasing you with conditions (like promising to appear in court) is not enough, you will be brought before a Justice. The Justice will then decide if you should be released on bail, and whether any conditions should be attached.
If the Crown Prosecutor (the lawyer representing the government) opposes your release, they will usually provide one or more reasons, known as grounds for denial.
Primary Grounds for Denying Bail: Ensuring Court Attendance
One of the main legal grounds for denying bail is set out in section 515(10)(a) of the Criminal Code, which says that a Justice can refuse to release someone “where the detention is necessary to ensure his or her attendance in court in order to be dealt with according to law”.
Community Ties and Stability
The judge will consider whether you are likely to show up for your trial. The more ties you have to the community, the more likely it is that you will attend court. For example, if you are being prosecuted in a specific city and you have a job, a home, and family in that area, the Justice is more likely to believe you will come back for court. Being involved in local organizations (like a religious or community group, or volunteering) can also strengthen your case for bail.
On the other hand, if you do not have a stable address, this could raise concerns, though it is not automatically a reason to deny bail. This is why having a strong bail plan is important. Your lawyer will help create a plan that addresses any concerns the court might have.
Flight Risk and International Ties
The judge will also consider if there is a risk that you might try to flee the country to avoid trial. If the crime you are accused of carries a long sentence, the court might think that you have a strong reason to escape. In Canada, which is a multicultural country, many people have dual citizenship or ties to other countries. For example, if you hold passports from two countries, the court might see this as a risk. You could, in theory, leave Canada and avoid the Canadian legal system altogether.
Past History of Non-Compliance with Court Orders
If you have been charged before with failing to show up for court or violating previous court orders, this will be taken very seriously. The court will carefully consider any past history of not following the rules, as this shows a higher risk of not showing up for future court dates.
Why a Strong Bail Plan Matters
The Justice’s main concern when we are talking about primary grounds in a bail hearing is to ensure that you will attend court. Your community ties, history of compliance with the law, and potential flight risk are all carefully examined. It is important to have a strong defence plan prepared by your lawyer to address these concerns.
Summary: What Courts Look for Under Primary Grounds
When a Justice evaluates whether to detain you on primary grounds, they are asking one central question:
Is this person likely to return to court?
To answer this, they will weigh your community ties, your personal history of following court orders, and any indicators of flight risk. The more evidence you can provide that you are rooted in the community and committed to the process, the stronger your case for release.
Facing a Bail Hearing? Contact Edmonton Criminal Lawyer Ziv Today
Bail hearings move quickly, and the decisions made can have lasting consequences. Whether you are concerned about primary grounds or any other aspect of a bail hearing, having an experienced criminal defence lawyer by your side is critical.
Edmonton Criminal Lawyer Ziv has the knowledge and experience to build a compelling bail plan tailored to your situation. Don’t leave your freedom to chance.
Contact Edmonton Criminal Lawyer Ziv now for a consultation. Your future may depend on the strength of your defence, and it starts at the bail hearing.