Bail

The Canadian Charter of Rights and Freedoms guarantees every Canadian the right to bail.

11. Any person charged with an offence has the right not to be denied reasonable bail without just cause;

In Canada, a proceeding involving the question of bail, is called a “show cause hearing”. The prosecution has the burden of proof to show cause why bail should be denied but, in some cases, that burden to show cause for release shifts to the accused person.

The Criminal Code sets out the limits on the basic Charter right.

The Supreme Court has ruled that a judge in considering an issue of bail should use a "ladder approach". The least restrictive release terms should be considered first, namely; release on a personal undertaking. At the top of the ladder is the most restrictive order, namely: an order for remand into custody.

The Supreme Court of Canada has in recent years rendered a number of landmark decisions setting out the rules that judges must adhere to when hearing applications for bail.

(A review of those cases is under construction.)