In a previous post, we explored primary grounds for bail denial. Today, we turn to secondary grounds, a distinct and equally critical basis, on which a justice can order that an accused remain in custody.

What Are Secondary Grounds?

Secondary grounds for detaining an accused person are found in section 515(10)(b) of the Criminal Code of Canada. Under this provision, a justice may refuse to release an accused when continued detention is considered necessary to protect the public, including victims, witnesses, and individuals under the age of 18.

a book about criminal law codes

… where the detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, or any person under the age of 18 years, having regard to all the circumstances including any substantial likelihood that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice.

Criminal Code of Canada, s. 515(10)(b)

Stripped down to its core, the justice must answer a single, critical question: Is this person likely to reoffend or interfere with the case if they walk out of that courtroom today? That question, and the evidence marshalled to answer it, defines secondary grounds.

How Your Criminal History Matters

One of the most heavily weighted factors under secondary grounds is an accused person’s past record with the courts. A history that includes offences such as obstructing justice, failing to comply with court orders, or breaching probation conditions can raise serious red flags. These prior violations signal to the court that the accused may not honour any new conditions imposed.

Criminal record and handcuffs on a desk.

Past convictions that mirror the current charge are particularly damaging. In domestic violence cases, for instance, a documented pattern of similar behaviour gives the Crown a compelling argument that release carries a real and substantial risk of reoffending. The court looks beyond the current charge in isolation; the entire picture of an accused’s conduct and compliance history is on the table.

Two Scenarios: Released vs. Detained

Secondary grounds analysis is intensely fact-specific. No two bail hearings are identical. Consider how starkly different outcomes can emerge depending on an individual’s background:

✔ Likely Released

Lower-Risk Profile

  • No prior criminal record
  • Stable, verifiable employment
  • Strong family support network
  • No history of breaching court orders
  • First-time or isolated offence
✘ At Risk of Detention

Higher-Risk Profile

  • Multiple prior breaches of court orders
  • Pattern of similar offences
  • Prior failures to appear in court
  • History of interference with witnesses
  • Active supervision at time of arrest

These contrasting profiles illustrate why skilled defence counsel works meticulously to build the strongest possible picture of their client before walking into a bail hearing.

Conditions That Can Help Secure Release

Defence counsel’s job is to convince the court that a carefully crafted set of conditions can meaningfully reduce — or eliminate — the risk posed by releasing the accused. The right package of conditions is not simply about checking boxes; it must directly address the court’s specific safety and compliance concerns.

  • No-contact order — Prohibiting any communication or contact with the complainant, victim, or witnesses
  • Geographic restrictions — Barring the accused from attending specific addresses, workplaces, or neighbourhoods
  • House arrest or curfew — Requiring the accused to remain at a fixed address during specific hours
  • Reporting conditions — Regular check-ins with police or a bail supervisor
  • Weapons prohibition — Prohibiting the accused from possessing any weapons

The Role of a Surety

While not mandatory in every case, having a surety can significantly strengthen a bail plan. A surety is an individual, often a family member or close friend, who agrees to take on the responsibility of supervising the accused in the community. They pledge a financial sum and take on the serious obligation of ensuring that the accused complies with all bail conditions.

What makes a strong surety? Courts look favourably on sureties who have a stable residence, a credible history of law-abiding behaviour, genuine influence over the accused, and the financial means to back up their pledge. A well-prepared surety who can speak clearly about their supervisory plan carries real weight with a justice.

⚖️ The Ladder Principle: Least Restrictive First

A foundational principle in Canadian bail law, developed through decades of case law, is the “ladder principle.” This doctrine requires the court to begin at the bottom rung: the least restrictive form of release that adequately addresses the risks identified under secondary grounds.

Only if lighter conditions are genuinely insufficient should the court move up the ladder toward more restrictive measures. The severity of the charge alone does not justify detention. The justice must still assess whether a tailored set of conditions could realistically manage the risk.

Detention is a last resort, not a starting point. The ladder principle is a critical safeguard for accused persons and one of the most powerful tools a skilled defence lawyer can invoke at a bail hearing.

Why a Strong Bail Plan Is Essential

Everything discussed above points to a single conclusion: preparation matters enormously. Defence counsel must do far more than show up and argue in general terms for release. A persuasive bail plan requires a thorough understanding of the accused’s background, a realistic assessment of the Crown’s concerns, and a precise set of proposed conditions that directly respond to those concerns.

The right bail plan can be the difference between spending the next several months in custody and going home to your family while your case works its way through the courts. Given the stakes, this is not an area where you want to navigate the system without experienced legal guidance.

Facing a Bail Hearing in Edmonton?

Bail decisions happen fast — often within 24 hours of arrest. Don’t face that hearing without a lawyer who knows how to build a compelling case for your release. Edmonton Criminal Lawyer Ziv will assess your situation, challenge any unjust detention, and fight to get you home.

Book Your Consultation → Or call us directly: (780) 429-4004

Disclaimer: This blog post is intended for general informational purposes only and does not constitute legal advice. Every criminal matter is unique. If you or someone you know has been arrested or is facing a bail hearing, please consult a qualified criminal defence lawyer. Edmonton Criminal Lawyer Ziv serves clients throughout the Edmonton area and the province of Alberta.