At 2 am your phone rings. Someone calls to tell you that your son, brother or partner has been arrested and is currently sitting in a Peel Regional Police cell. Everyone’s first question is always the same: when does he get out? The honest answer is it depends — on the Charge, on his criminal history, and on how the next 24 to 48 hours go at the A. Grenville and William Davis Courthouse located at 7750 Hurontario St. Let me explain what really goes down.
The Clock Starts the Moment Police Lay a Charge
Once someone has been arrested and detained for a Bail Hearing instead of being released by an officer at the station, the law states that they have to appear in front of a justice of the peace (JP) within 24 hours — or as quickly as possible. In Brampton, a bail court appearance typically occurs the next morning — possibly via video from the police division. On Weekends and holidays, appearances may be delayed slightly, but the process is designed to move quickly. No one is meant to remain incarcerated indefinitely without a judicial officer examining their case.
That initial appearance is referred to as a show-cause hearing. People are frequently confused regarding what they think they need to prove. Most of the time, the opposite applies.
Who really needs to “Show Cause” at a Bail Hearing?
As stated previously, for approximately majority of charges (i.e., assault, theft, mischief etc.) and a considerable number of drug offenses, the Crown bears the burden. They must provide the JP with reasons why this individual needs to remain imprisoned. The standard assumption in Canadian law is release; therefore, Brampton courts operate under that assumption similar to other jurisdictions throughout Ontario. Although, it is important to note changes to Bail Laws were made with the new Bail and Sentencing Reform Act.
However, there exists a reverse aspect to this situation, which is typically unexpected by many families. If someone is accused of an offense while they were already under another type of release (e.g. House arrest), or charged with firearm related offenses, or charged with a particular crime involving domestic violence against a former spouse, then the responsibility shifts. Now it becomes the obligation of the accused to demonstrate to the court that detention is unnecessary. This is known as reverse onus and completely alters the way the hearing unfolds. I have seen numerous situations where families assumed bail would automatically occur because “this is merely a first-time offense”, while unaware that their relative had existing conditions from an unrelated offense that occurred almost eight months prior.
The ladder principle: least restrictive options first
Brampton court — along with those in each region of Ontario — are mandated to progress upwards through a ladder of release options beginning with the least restrictive option that continues to address the threat of harm. The least restrictive option on this ladder includes an undertaking with no restrictions attached to it. Next in line are undertakings that include various types of restrictions such as; having no contact with a complainant, adhering to a curfew, or avoiding entry into a specific geographic area within the city. Further up the ladder is a recognizance; although, a recognizance may also require a surety.
A surety pledges financial backing to the court (an amount of money) and agrees to serve as a supervisor and to report back to police if the accused breaches any conditions of their release. In Brampton, parents consistently serve as sureties for individuals appearing before the bail court. So too do employers, older siblings and long-standing partners. The jp and the crown may question that surety during testimony. Does that person comprehend the specifics surrounding the alleged offense? Are they cohabitating with the accused? Is that person capable of enforcing a curfew if their adult child wishes to leave home at midnight? Weak sureties can ruin otherwise solid bail applications.
Role of surety in Brampton Bail Hearing
Most contested bail Hearings require a surety. A surety is essentially an acquaintance or family member who agrees to monitor and supervise you in order to assist you in attending your scheduled court date(s).
A surety pledges a specified amount of funds. The funds are never provided by the surety initially. However, if you fail to adhere to the conditions of your release (for example failing to comply with your curfew or making contact with someone you are restricted from communicating with) — the Crown can pursue collection action against those pledged funds.
The court scrutinizes potential sureties carefully. When selecting a surety for your case, the JP will assess:
• Their relationship to you.
• Do they have any previous convictions?
• Do they understand and accept the terms of your proposed conditions?
• Would they report you to authorities if you breached those conditions?
If Crown counsel believes that your proposed surety cannot effectively monitor/oversee you, they will likely interrogate them as part of their cross examination during the hearing.
Consent Releases Move Fast. Contested Hearings Don’t.
There are some realities concerning bail Hearings in Brampton that people generally don’t anticipate. Some the of bail matters resolved in Brampton result from Crown consent releases. As your Defence Lawyer, l negotiate release terms with Crown counsel prior to proceeding and both parties agree upon those terms — resulting in little-to-no debate from the jp. These consent releases can occur on the very same day.
Contested Hearings represent an entirely different scenario. Both sides present evidence — each party presents arguments regarding whether the individual poses a risk and/or whether releasing them will jeopardize witness safety — and ultimately, it is up to the jp to determine whether there are sufficient reasons to support detention based on three criteria: will you appear in court as required; will you commit additional crimes/offenses; and would releasing you create concern amongst members of society regarding the seriousness of the allegations. Some contested Hearings in Brampton may last several hours and if deemed complex, may be adjourned to allow for proper preparation and presentation for both parties.
What happens If my bail is denied in Brampton
A detention order issued by an Ontario court of justice doesn’t necessarily mean that your opportunity for release has expired. Any individual whose bail application was denied in Brampton possesses the right to seek review of their detention by a judge of the Superior Court of Justice located in Brampton. This isn’t simply a repeat of the original hearing — it’s an entirely separate evaluation; often using new information, incorporating a better surety arrangement or establishing tighter conditions. I’ve experienced situations where due to a lackluster surety plan, an applicant failed at their first Bail Hearing; however, two weeks later successfully appealed their detention order utilizing new information that reinforced a revised surety arrangement and more stringent proposed conditions.
What should I do before a Bail Hearing in Brampton
Should someone close to you become arrested in Brampton — do not delay in initiating arrangements for release. Secure a surety immediately — prepare them for attendance at court; and have their lawyer examine any disclosed materials prior to your own hearing commences. Those persons who depart from courtrooms quickest in regard to obtaining release are not those with lesser severity charges — these are those who arrived prepared with established plans for release.
Disclaimer: Information provided on this blog is for general informational purposes only, it does not constitute legal advice. If you have a case at the Brampton Criminal Court and need legal representation, contact Manbir Nirwal for a free consultation. We’re here to help.
