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The right to bail is enshrined in our Constitution. Section11(e) of the Charter of Rights and Freedoms states that "Any person charged with an offense has the right... not to be denied reasonable bail without just cause." In other words, not everyone is guaranteed bail; however, there must be a good reason to deny a person of bail.


In most cases, a person who is seeking bail will need to produce a "surety" for the Court. A surety is someone who agrees to take responsibility for a person accused of a crime. Sureties will often be required to promise to pay a certain amount of money to the Court if the accused person violates any of their bail conditions. These conditions can include residing at a certain address, staying away from an alleged victim, attending all court dates, etc.


If you are considering being a surety for a friend or family member, our office can assist you in the process. More information about being a surety is available online at the website of the Ministry of the Attorney General.

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