Section 515 of the Criminal Code of Canada, addresses the different considerations that regard bail. According to Canadian Charter of Rights and Freedoms, Section 11(e), “A person who gets charged with an offense should not be denied reasonable bail without just reason.”
If you are denied bail, you will have to remain in custody as you await an appeal of the decision or until your case comes to an end. If you or a loved one is in police custody, pending a bail hearing, it is of utmost importance to take necessary steps that will ensure your release.
The hearings occur before a Justice of Peace or Judge. It is where your case is determined, whether you get released as you wait for the trial to commence or not. In the event of a serious criminal charge where the accused isn’t in custody, a bail hearing may be held for the accused to justify their release.
Such hearings get referred to as “Reverse Onus.” In each case, the court has to determine who owns the “onus.” In Section 515(10) of the Criminal Code of Canada, the accused could be detained on either, “primary,” “secondary,” or “tertiary” grounds.
Feel free to reach out to Grewal Law, if you, a loved one, or a friend are in custody and need legal assistance in Brampton, Mississauga, Vaughan, Woodbridge, Caledon. The lines are open 24/7.