What Happens During a Calgary Bail Hearing?
                     
What Happens During a Calgary Bail Hearing?
Contents
What Happens During a Calgary Bail Hearing? ........................................................................................... 2
The Legal Basis for Bail in Canada ........................................................................................................ 3
Section 11(e) of the Canadian Charter of Rights and Freedoms.......................................................... 3
Presumption of Innocence and Why Bail is Granted in Most Cases ................................................... 4
Factors That May Lead to Bail Denial ................................................................................................ 4
The Bail Hearing Process in Calgary ...................................................................................................... 5
Step 1: Initial Appearance Before a Judge or Justice of the Peace ...................................................... 5
How the Accused is Brought Before the Court ............................................................................... 6
The Role of the Crown Prosecutor and the Defence Lawyer ......................................................... 6
Does the Accused Have to Testify? .................................................................................................. 7
Step 2: Presentation of Arguments at a Calgary Bail Hearing............................................................. 7
Crown’s Arguments for or Against Bail ............................................................................................. 8
Defence Lawyer’s Arguments for Release .......................................................................................... 9
Are Sureties Required? ..................................................................................................................... 10
Step 3: Conditions of Release (If Bail is Granted) ............................................................................ 11
Common Bail Conditions in Calgary ................................................................................................ 11
Role of a Surety in a Bail Hearing .................................................................................................... 13
Consequences of Violating Bail Conditions...................................................................................... 14
Factors That Influence a Judge’s Decision............................................................................................ 15
1. Seriousness of the Charges............................................................................................................ 16
2. Criminal Record and History of Previous Breaches ...................................................................... 17
3. Risk of Flight or Failure to Attend Court ...................................................................................... 17
4. Public Safety Concerns and Impact on the Victim ........................................................................ 18
6. What Happens If Bail is Denied? ...................................................................................................... 19
Remand Custody: What It Means for the Accused............................................................................ 20
Possibility of Bail Review at a Higher Court .................................................................................... 20
Seeking Legal Assistance to Appeal a Denied Bail Decision............................................................ 21
How a Calgary Bail Lawyer Can Help.................................................................................................. 22
Importance of Hiring a Criminal Defence Lawyer for Bail Hearings................................................ 22
Key Reasons to Hire a Bail Lawyer .................................................................................................. 23
Strategies Lawyers Use to Present a Strong Case for Bail ................................................................ 23
1. Presenting a Strong Release Plan .................................................................................................. 23
2. Proving the Accused is Not a Flight Risk...................................................................................... 24
3. Addressing Public Safety Concerns .............................................................................................. 24
4. Countering the Crown’s Case ....................................................................................................... 24
5. Using the Charter of Rights to Protect the Accused ...................................................................... 25
How a Lawyer Can Negotiate for Less Restrictive Bail Conditions.................................................. 25
Common Bail Conditions Lawyers Negotiate ................................................................................... 25
Contact Details of Calgary Defence Lawyer .......................................................................................... 
26
The Legal Basis for Bail in Canada
Section 11(e) of the Canadian Charter of Rights and 
Freedoms
Under Section 11(e) of the Charter, every Canadian has the 
right "not to be denied reasonable bail without just cause." 
This provision ensures that individuals are not arbitrarily 
detained and that bail conditions are not excessively restrictive.
The underlying principles of this right include:
 The presumption of innocence, meaning that an individual 
is considered innocent until proven guilty.
 The requirement for the prosecution to justify any 
denial of bail, rather than the accused needing to 
prove
why they should be released.
Presumption of Innocence and Why Bail is Granted in Most 
Cases
The presumption of innocence is a fundamental right in 
Canadian law. Because of this, the justice system generally 
allows for the release of accused individuals unless there are 
significant reasons to deny bail.
Bail hearings ensure that:
 The accused is not wrongfully deprived of their liberty 
before being found guilty.
 The accused can continue with their daily life, 
including
work and family responsibilities, while awaiting trial.
 The conditions of release are proportionate to the 
seriousness of the charge.
Factors That May Lead to Bail Denial
While the right to reasonable bail exists, the court may deny 
bail under specific circumstances. The Crown prosecutor 
(representing the government) must demonstrate why detention 
is necessary. The judge or justice of the peace considers three 
main grounds when deciding bail:
1. Primary Grounds – Ensuring Court Attendance
Bail may be denied if the court believes that the accused 
is unlikely to return for future court dates. Factors include:
 Previous failures to appear in court
 Lack of a fixed address or ties to the community
 History of avoiding legal obligations
2. Secondary Grounds – Public Safety and Protection
If the accused is deemed a danger to the public, the judge 
may refuse bail. Considerations include:
 The seriousness of the offence, such as violent crimes or 
offences involving weapons
 The accused’s criminal record, particularly for similar 
offences
 Evidence suggesting a risk of re-offending
3. Tertiary Grounds – Public Confidence in the Justice 
System
Even if the accused does not pose a flight risk or a public 
safety threat, bail can still be denied if releasing them would 
harm public confidence in the justice system. This is often 
applied in high-profile cases involving serious charges such as 
murder, sexual assault, or terrorism.
The Bail Hearing Process in Calgary
The process follows specific legal steps, ensuring fairness 
while balancing public safety concerns.
Step 1: Initial Appearance Before a Judge or Justice of the 
Peace
Once a person is arrested and charged with a criminal offence in 
Calgary, they are usually taken into custody and held until their 
bail hearing. The initial appearance before the court must 
occur
within 24 hours of the arrest, or as soon as possible if no judge 
or justice of the peace is available within that timeframe.
How the Accused is Brought Before the Court
 If the police decide not to release the accused after their 
arrest, the individual will be transported to the Calgary 
Remand Centre or a local detention facility.
 The accused is then escorted to court, typically appearing 
in provincial court before a judge or a justice of the 
peace (JP) for the bail hearing.
 In some cases, the hearing may be conducted by video 
link
rather than in person, particularly if there are logistical 
challenges in bringing the accused to the courtroom.
The Role of the Crown Prosecutor and the Defence 
Lawyer
At the bail hearing, both the Crown prosecutor and the defence 
lawyer play crucial roles in presenting arguments about whether 
the accused should be released or detained.
Crown Prosecutor’s Role
 The Crown presents reasons why the accused should 
either be held in custody or released under strict 
conditions.
 If the accused is charged with a serious offence (such as 
violent crimes, drug trafficking, or firearms offences), the 
Crown will often oppose bail and argue that the accused is 
a risk to society or may fail to appear in court.
 In cases where the Crown does not oppose bail, they may 
still recommend certain conditions for the accused's
release (e.g., curfew, no-contact orders, electronic 
monitoring).
Defence Lawyer’s Role
 The defence lawyer argues for the release of the accused, 
ensuring their client is not unfairly detained before trial.
 The lawyer may present:
o A release plan detailing where the accused will stay 
and how they will comply with conditions.
o Character references from family members 
or employers supporting the accused.
o Reasons why continued detention would be unfair, 
particularly if the accused has strong community ties,
a job, or no prior criminal record.
Does the Accused Have to Testify?
 The accused is not required to testify at a bail hearing, 
and in many cases, they do not.
 The defence may call other witnesses, such as a family 
member, employer, or potential surety (a person willing 
to
supervise the accused if they are released).
 If the accused does testify, they will be subject to cross- 
examination by the Crown prosecutor, which could 
potentially harm their case at trial.
Step 2: Presentation of Arguments at a Calgary Bail 
Hearing
After the initial appearance, the presentation of arguments is 
the next critical step in a Calgary bail hearing. This stage 
involves both the Crown prosecutor and the defence lawyer
presenting their cases before the judge or justice of the peace, 
who will determine whether the accused should be released 
or detained while awaiting trial.
Crown’s Arguments for or Against Bail
The Crown prosecutor will present reasons why the accused 
should be denied bail or, if released, should be subject to 
strict conditions. Their arguments typically focus on three 
primary concerns:
1. Public Safety Concerns
 If the accused is charged with a violent offence, a crime 
involving firearms or weapons, or an offence that poses a 
threat to the community, the Crown may argue that 
detention is necessary.
 The judge will consider whether the accused is likely to
reoffend while on bail, based on past behaviour or patterns 
of criminal activity.
 In cases involving domestic violence, the Crown may 
argue that the accused poses an ongoing threat to the
victim.
2. Risk of Flight
 The Crown may oppose bail if they believe the accused is 
a flight risk and might not return for future court 
appearances.
 Factors that indicate a higher flight risk include:
o No fixed address or unstable living arrangements.
o Lack of employment or financial stability.
o Previous failures to appear in court.
o Access to significant financial resources that would 
allow the accused to flee.
3. Likelihood of Reoffending or Interfering with the Case
 If there is reason to believe that the accused will commit 
additional offences while out on bail, the Crown will 
push for detention.
 The Crown may also argue against bail if the accused 
could interfere with witnesses, tamper with evidence, or 
otherwise obstruct justice.
Defence Lawyer’s Arguments for Release
The defence lawyer will argue that the accused should be 
granted bail, often presenting a release plan that demonstrates 
the accused is not a risk to public safety or a flight risk. The 
defence typically highlights the following factors:
4. Stable Housing
 If the accused has a stable residence, this is an important 
factor in favor of release.
 The defence may present evidence that the accused lives
with family members, a spouse, or a surety who will 
supervise them.
 If the accused is homeless or has unstable living 
arrangements, the defence may suggest community
housing programs or bail supervision services.
2. Employment and Community Ties
 The defence may argue that the accused has long-term 
employment or is actively working, which makes it less 
likely they will flee.
 Strong community ties, such as family 
responsibilities,
volunteer work, or participation in religious or cultural 
groups, can be used to demonstrate that the accused is 
unlikely to commit further crimes or attempt to evade the 
legal process.
3. Lack of Criminal Record or Prior Compliance with Bail
 If the accused has no prior criminal record, or has 
previously been on bail without violating conditions, the 
defence will argue that they are a low risk for reoffending 
or skipping court dates.
 Even if the accused does have a past record, the defence 
may argue that they have turned their life around and 
that strict bail conditions can mitigate concerns.
Are Sureties Required?
A surety is a person who agrees to take responsibility for the 
accused while they are out on bail. The surety ensures the 
accused follows all bail conditions and appears in court when 
required.
 Whether a surety is required depends on the severity 
of the charges and the accused's background.
 If the court is concerned about the accused's ability to 
comply with bail conditions, a surety may be required 
to provide financial security and supervision.
 The defence lawyer may propose a surety as part of the 
release plan, which can help ease the court’s concerns.
Who Can Act as a Surety?
 A surety is usually a family member, close friend, or 
employer who is willing to supervise the accused.
 They must have no criminal record and be 
financially
stable.
 They must pledge a specific amount of money (which may 
or may not be required upfront) to ensure the accused 
complies with their bail conditions.
Step 3: Conditions of Release (If Bail is Granted)
If bail is granted at a Calgary bail hearing, the accused will be
released from custody under specific conditions that they 
must follow until their trial or case resolution. These 
conditions are imposed to ensure public safety, prevent 
reoffending, and guarantee court attendance. Failure to 
comply with these conditions can result in serious legal 
consequences.
Common Bail Conditions in Calgary
Bail conditions vary depending on the severity of the 
charges and the risk factors identified during the hearing. 
However, some of the most common conditions include:
1. House Arrest and Curfew
 The accused may be placed under house arrest, meaning 
they must remain at a specific residence unless they have 
court-approved reasons to leave (e.g., work, medical 
emergencies, or legal meetings).
 A curfew may also be imposed, requiring the accused to 
be inside their home during specific hours, such as between 
9:00 PM and 6:00 AM.
2. Travel Restrictions
 The court may restrict the accused from leaving Calgary, 
Alberta, or Canada, depending on the case.
 The accused may be required to surrender their passport
to prevent international travel.
3. No-Contact Orders
 If the charges involve an alleged victim (e.g., in domestic 
violence cases), the accused may be prohibited from 
having any contact with that person.
 The accused may also be restricted from communicating 
with witnesses, co-accused individuals, or certain 
associates.
4. Restrictions on Alcohol and Drug Use
 In cases involving drug offences, impaired driving, or 
violent crimes, the court may prohibit the accused from 
consuming alcohol or illegal substances.
 The accused may also be required to undergo drug or 
alcohol testing as part of their bail conditions.
5. Electronic Monitoring or Reporting to Police
 For higher-risk cases, the accused may be ordered to wear 
an electronic ankle bracelet that tracks their location.
 Some individuals must report regularly to a Calgary 
police station to confirm their compliance with bail
conditions.
6. Employment or Educational Requirements
 If the accused is employed or enrolled in school, the court 
may allow them to continue, as long as they do not 
violate any other conditions.
7. Residing with a Surety
 In many cases, the accused must live with a surety, who 
will monitor their compliance with bail conditions.
Role of a Surety in a Bail Hearing
A surety is a person (often a family member, employer, or 
close friend) who agrees to take responsibility for supervising 
the accused while they are out on bail.
Responsibilities of a Surety
 Ensuring the accused follows all bail conditions (curfew, 
no-contact orders, etc.).
 Reporting any breaches to the authorities—if the 
accused violates their bail conditions, the surety 
must inform the police or risk financial penalties.
 Providing financial security—the surety may need to 
pledge a specific amount of money as a guarantee.
Who Can Act as a Surety?
 Must be a Canadian citizen or permanent resident.
 Should have a clean criminal record.
 Should be financially stable enough to pledge money as a 
guarantee.
 Should be someone with a strong relationship with the
accused (e.g., parent, sibling, employer).
If a surety fails to properly supervise the accused or does not 
report a breach, they could lose the financial pledge and 
face potential legal consequences.
Consequences of Violating Bail Conditions
If an accused person fails to follow their bail conditions, 
they can face serious legal repercussions.
1. Arrest and New Criminal Charges
 Breach of bail conditions is a criminal offence under 
the
Criminal Code of Canada.
 If the police find out that an accused has violated bail 
terms (e.g., broke curfew, contacted a victim, or traveled 
without permission), they may be arrested immediately.
2. Bail Revocation
 If an accused breaches bail conditions, they may have a 
new bail hearing, and the court may cancel their bail.
 If bail is revoked, the accused will remain in custody 
until
trial, with little chance of being released again.
3. Stricter Bail Conditions
 If an accused is given another chance, the court may 
impose harsher conditions, such as:
o Tighter curfew hours
o Electronic monitoring
o Increased supervision by a surety
o Higher financial security deposits
4. Impact on the Case
 A bail breach can negatively affect the accused’s 
credibility in court.
 It may be used against them in sentencing if they 
are convicted.
Factors That Influence a Judge’s Decision
When determining whether to grant bail, a judge or justice of 
the peace in Calgary considers multiple factors to assess 
whether the accused should be released while awaiting trial. The 
decision is based on legal principles outlined in the Criminal 
Code of Canada and guided by Section 11(e) of the Canadian
Charter of Rights and Freedoms, which ensures that bail is 
not denied without just cause.
The following key factors influence a judge’s decision during 
a bail hearing:
1. Seriousness of the Charges
One of the primary factors a judge considers is the nature and 
severity of the charges against the accused. The more serious 
the offence, the more likely the court will impose strict bail 
conditions—or deny bail altogether.
Violent vs. Non-Violent Offences
 Violent offences (e.g., assault, domestic violence, sexual 
assault, weapons-related charges, and homicide) are treated 
more severely than non-violent offences.
 Non-violent offences (e.g., fraud, theft, or drug 
possession)
may result in a higher likelihood of bail unless there 
are aggravating factors such as a history of repeat 
offences.
 In firearms-related cases, the Crown often seeks
detention due to public safety concerns.
For high-profile or serious cases, such as murder, terrorism, 
or large-scale drug trafficking, the accused may face reverse 
onus bail—meaning they must prove why they should be 
released rather than the Crown proving why they should be 
detained.
2. Criminal Record and History of Previous Breaches
A judge will examine the accused’s past interactions with the 
legal system, including:
 Whether they have previous convictions, particularly for 
similar offences.
 Whether they have previously violated bail conditions or 
court orders.
 If they have a history of reoffending, suggesting they pose 
a higher risk to public safety.
Impact of Prior Breaches
 If the accused has previously been released on bail but 
failed to comply with conditions, the Crown will argue 
that they are not a suitable candidate for release.
 A pattern of repeat offences may lead the court to
conclude that no bail conditions will be sufficient to 
ensure compliance.
For first-time offenders with no criminal record, there is a 
much stronger chance of securing bail, especially if they 
have a strong release plan and support from a surety.
3. Risk of Flight or Failure to Attend Court
A major concern for the court is whether the accused will show 
up for future court dates. If there is a significant risk of flight, 
bail may be denied.
Factors That Increase Flight Risk
 No stable address or residence in Calgary.
 Lack of employment or financial instability.
 Strong connections outside Alberta or Canada that could 
facilitate fleeing.
 History of failing to appear in court for previous charges.
 Access to substantial financial resources that would 
make it easier to leave the country.
Factors That Reduce Flight Risk
 Having strong family ties and community connections in 
Calgary.
 Being employed or enrolled in school, showing a
commitment to staying in the area.
 Providing a surety who will take responsibility for 
ensuring the accused attends court.
If there is concern about flight risk, the court may 
impose conditions such as:
 Surrendering a passport.
 Regular check-ins with police.
 Electronic monitoring or GPS tracking.
4. Public Safety Concerns and Impact on the Victim
The safety of the general public and any specific victims is a 
crucial factor in a bail hearing. The court must consider 
whether the accused poses a risk to others if released.
Public Safety Considerations
 If the accused is charged with a violent offence, the 
Crown will argue that releasing them may endanger 
the public.
 The judge may consider whether the accused has a 
history
of domestic violence, sexual offences, or gang-related 
activity.
 Cases involving weapons, drug trafficking, or organized 
crime carry a higher risk of bail being denied.
Impact on the Victim
 If there is a known victim in the case, the court will 
evaluate whether the accused might harass, intimidate, or 
harm them if released.
 In domestic violence cases, a no-contact order is often 
imposed as a bail condition.
 The victim’s input (through victim impact statements 
or a
Crown submission) can influence the judge’s decision.
In cases where public safety is a serious concern, the accused 
may be denied bail regardless of their ties to the community.
6. What Happens If Bail is Denied?
If bail is denied at a Calgary bail hearing, the accused does not 
have the right to immediate release and will be held in remand 
custody while awaiting trial. However, there are still legal 
options available to challenge the decision through a bail 
review in a higher court. Seeking legal representation from a 
Calgary
criminal defence lawyer is crucial in navigating these 
next steps.
Remand Custody: What It Means for the Accused
When bail is denied, the accused is transferred to remand 
custody, meaning they will remain in jail until their trial 
or further court hearings.
Where Is the Accused Held?
 In Calgary, accused individuals who are denied bail 
are typically held at the Calgary Remand Centre.
 If space is limited, they may be transferred to other
provincial detention facilities in Alberta.
Conditions in Remand Custody
 Unlike sentenced prisoners, individuals in remand are not 
serving a sentence but are held in custody until their trial.
 Remand facilities often have strict rules, including 
limited
visitations, controlled movement, and monitoring.
 The accused may spend months in custody before their 
case is resolved, especially if they face serious charges or 
court delays.
Possibility of Bail Review at a Higher Court
If bail is denied at the initial hearing, the accused has the right to 
request a bail review at a higher court, but this is not 
automatic. A bail review must be formally requested and 
requires presenting new evidence or showing that the judge 
made a legal error.
How to Apply for a Bail Review
 A bail review application is submitted to the Court of 
King’s Bench of Alberta.
 The defence must show that:
o There was an error in law made by the judge at 
the initial bail hearing.
o There has been a change in circumstances (e.g., 
new
evidence, stronger surety, or an improved 
release plan).
o The previous bail decision was unreasonable or too 
harsh.
How Long Does a Bail Review Take?
 A bail review process can take weeks or months to be 
scheduled.
 During this time, the accused remains in remand 
custody.
 The defence lawyer must prepare detailed legal 
arguments and may need to obtain new surety conditions 
or additional evidence to support the review.
Seeking Legal Assistance to Appeal a Denied Bail Decision
If bail is denied, it is highly recommended that the accused or 
their family consult an experienced Calgary criminal defence 
lawyer as soon as possible.
Why Legal Representation is Important
 A lawyer can review the initial bail decision and assess 
whether an appeal is likely to succeed.
 They can work on improving the accused’s release plan, 
which might include securing a stronger surety or 
presenting better bail conditions to satisfy the court’s 
concerns.
 A lawyer can prepare a bail review application that 
addresses the reasons for the original denial and argues 
why the accused should be released.
How a Calgary Bail Lawyer Can Help
A bail hearing is one of the most crucial stages in a criminal 
case, as it determines whether an accused person will remain in 
custody or be released while awaiting trial. Having an 
experienced Calgary bail lawyer can significantly increase the 
chances of securing release and minimizing restrictive bail 
conditions.
Here’s how a criminal defence lawyer can assist during a bail 
hearing:
Importance of Hiring a Criminal Defence Lawyer for Bail 
Hearings
While bail hearings may seem straightforward, they involve 
complex legal arguments that require an in-depth 
understanding of Canadian criminal law. The Crown will 
often push for detention or strict bail conditions, making it 
essential for the accused to have strong legal representation.
Key Reasons to Hire a Bail Lawyer
 Legal Expertise: A skilled defence lawyer understands 
bail laws, the Charter of Rights and Freedoms (Section 
11(e)), and court procedures, ensuring the accused’s 
rights are protected.
 Case Preparation: Lawyers carefully analyze the 
charges, past criminal history, and evidence to build a 
compelling case for release.
 Negotiation Skills: Defence lawyers can negotiate with 
the Crown to reduce the risk of bail being denied.
 Strategic Bail Plans: A lawyer can present a well-
structured release plan, including sureties and strict 
conditions to satisfy the court’s concerns.
 Challenging Crown Arguments: Defence lawyers
effectively counter the prosecution’s claims about public 
safety, flight risk, and prior non-compliance.
Strategies Lawyers Use to Present a Strong Case for Bail
A Calgary bail lawyer employs several legal strategies to 
convince the judge or justice of the peace that bail should 
be granted. These strategies include:
1. Presenting a Strong Release Plan
 A bail lawyer will propose a clear and structured release 
plan that includes:
o A stable residence (ensuring the accused has a secure 
place to stay).
o Employment status or community ties (proving they 
are less likely to flee).
o A responsible surety (a person who will supervise the 
accused and ensure compliance with bail conditions).
2. Proving the Accused is Not a Flight Risk
 Lawyers argue that the accused has no history of fleeing 
from legal proceedings.
 They provide evidence of strong family connections, 
steady employment, or other community ties that make 
it
unlikely for the accused to leave Calgary.
3. Addressing Public Safety Concerns
 If the Crown argues that the accused is a danger to 
society, the defence lawyer will present:
o Character references from family, employers, 
or community leaders.
o A detailed supervision plan to ensure the accused
follows all conditions.
o Proposed bail conditions (such as electronic 
monitoring or no-contact orders) to reassure the court.
4. Countering the Crown’s Case
 If the prosecution claims that detention is necessary, the 
lawyer may argue:
o The evidence against the accused is weak.
o The accused has no prior convictions or history of 
violent behaviour.
o Strict bail conditions can be imposed instead of 
detention.
5. Using the Charter of Rights to Protect the Accused
 A lawyer may argue that denying bail violates Section 
11(e) of the Canadian Charter of Rights and Freedoms, 
which guarantees reasonable bail unless there is just 
cause.
How a Lawyer Can Negotiate for Less Restrictive Bail 
Conditions
Even if bail is granted, the conditions imposed by the court 
can be highly restrictive. A defence lawyer works to minimize 
unnecessary or overly harsh conditions, making it easier for 
the accused to comply.
Common Bail Conditions Lawyers Negotiate
Bail Condition How a Lawyer Can Negotiate
Request for curfew instead, allowing
House Arrest limited movement for work or personal 
needs.
Negotiate for a more flexible curfew based
Strict Curfew on employment or family responsibilities.
Modify restrictions if the accused and the
No-Contact complainant share children or business
Bail Condition How a Lawyer Can Negotiate
Orders ties.
Request that travel bans be limited to
Travel specific regions instead of all of Alberta or 
Restrictions Canada.
Argue that a surety is sufficient
Electronic supervision, making monitoring 
Monitoring unnecessary.
Alcohol/Drug If the offence is not related to substance use,
Prohibition request that this condition be removed.
A lawyer can also help modify bail conditions after release 
if they become too restrictive or interfere with the accused’s 
ability to work or support their family.
Contact Details of Calgary Defence Lawyer
Akram Law - 918A 5 Ave SW Suite 1, Calgary, AB T2P 0N7
Phone Number: 403-774–9529 
Email: [email protected] 
Website - akramlaw.com
Business Hours: Monday-Thursday: 9 AM-5 PM, Friday: 9 AM-12 PM,
Saturday: 10 AM-1 PM