Every year, thousands of Albertans face bail hearings, a pivotal moment that can determine their immediate future. This hearing determines whether the accused will be released from custody while awaiting trial or if they must remain behind bars. If you or a loved one are navigating the legal system, understanding how bail hearings work can help ease uncertainty and prepare you for what’s ahead.
What Is a Bail Hearing?
A bail hearing is a court proceeding where a judge or justice of the peace decides whether to grant an accused person release from custody before their trial. Bail (also known as Judicial Interim Release) is not automatically granted—several legal factors influence the outcome.
When Does a Bail Hearing Take Place?
- Typically, a bail hearing occurs within 24 hours of an arrest.
- If a hearing isn’t held immediately, the accused may remain in custody until one can be scheduled.
- In Alberta, bail hearings are often conducted in the Alberta Court of Justice (formerly called Provincial Court) or by video conference.
What Happens at a Bail Hearing?
During the hearing, both the Crown prosecutor and the defence present arguments regarding the accused’s release. The Crown may argue against release if they believe the accused poses a flight risk, is a danger to the public, or has a history of failing to comply with court orders.
Who Has the Burden of Proof?
- In many cases, the Crown must convince the judge that the accused should be held in custody.
- In reverse onus cases (e.g., serious offences, repeat offences, or breaches of previous bail conditions), the accused must prove why they should be released.
Key Factors Considered by the Court
- Public Safety – Will the accused be a danger to the community if released?
- Likelihood of Attending Court – Is there a risk the accused will not show up for future court dates?
- Confidence in the Justice System – Would releasing the accused undermine public trust in the legal process?
Possible Outcomes of a Bail Hearing
There are three potential results from a bail hearing:
1. Release on Bail
If the judge or justice of the peace grants bail, the accused is free to leave custody under specific conditions.
Common Bail Conditions:
- Surety Requirement – A trusted person (a surety) agrees to supervise the accused and ensure they follow their bail conditions.
- Financial Deposit or Promise to Pay – The accused (or surety) may need to post bail money or promise a financial penalty if conditions are broken.
- Curfew & Travel Restrictions – The accused may be required to stay at home during certain hours or remain in a specific location.
- No-Contact Orders – The accused may be prohibited from contacting certain individuals, such as victims or witnesses.
- Mandatory Reporting – The accused may need to check in regularly with a bail supervisor.
2. Detention Until Trial
If the judge denies bail, the accused remains in custody until their trial or a later bail review. This is more likely if they have a criminal history, are facing serious charges, or are considered a flight risk.
3. Bail Review
If bail is denied, the accused can request a bail review in the Alberta Court of King’s Bench. However, this process takes time, requiring formal legal submissions.
What to Do If Facing a Bail Hearing
- Hire a Lawyer – A criminal defence lawyer can argue for the best possible bail conditions.
- Prepare a Strong Release Plan – Demonstrating a stable living situation and responsible sureties can improve the chances of release.
- Follow All Conditions If Released – Violating bail conditions can result in re-arrest and additional charges.
Final Thoughts
A bail hearing is a critical step in the Canadian legal system, impacting an accused person’s freedom while awaiting trial. Understanding how it works, what to expect, and how to prepare can make a significant difference in the outcome. If you’re facing a bail hearing, don’t navigate it alone—consult with Greg White Defence today if you or someone you know is facing a bail hearing, getting professional legal advice as soon as possible is essential.
