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Knowledge

Your Bail Plan and Understanding Bail Conditions

October 2023

Understanding bail conditions and building a solid bail plan can play a pivotal role in determining one's journey through the criminal justice process. From establishing a stable living arrangement to addressing concerns that the Crown might have, a carefully designed bail plan not only showcases responsibility but also underscores a commitment to upholding the principles of justice. In this exploration, we delve into the essential components of creating an effective bail plan and shed light on the bail conditions and the importance of strict adherence to them.

Bail Plan

Crafting a comprehensive bail plan is an important step when the Crown evaluates whether to grant bail. This plan showcases your commitment to complying with the conditions set forth by the court, while simultaneously addressing any concerns the Crown may have. One crucial aspect of a bail plan is your proposed living arrangement. By outlining a stable and suitable place to reside, you assure the Crown that you won't pose a risk to the community. For instance, having a bail plan that includes residing with a family member or a responsible friend can demonstrate your accountability and willingness to adhere to the terms set by the court.

Incorporating a curfew into your bail plan can provide an added layer of assurance. This measure showcases your respect for the legal process and your dedication to following the rules. Imagine a scenario where the Crown is concerned about your potential to engage in unlawful activities during the nighttime hours. By proactively suggesting a curfew that aligns with your work or other responsibilities, you're indicating your commitment to both your personal obligations and the stipulations of your bail conditions. A well-structured bail plan not only instills confidence in the Crown but also reinforces your readiness to engage in the legal process responsibly.

Here is a checklist of things you should address when it comes to the Crown’s concerns about whether you should be allowed out on bail:

  • where you will be living while out on bail
  • who will supervise you (for example, it could be a surety or, if you do not have anyone who can be your surety, a Bail Supervision Program, which your lawyer or the Crown lawyer can refer you to)
  • what release conditions would be reasonable and necessary (for example, what would be a reasonable curfew, whether you have work or school you have to consider)
  • information about your job or any courses you’re taking
  • how you will address any drug or alcohol issues that were involved in the offence you’ve been charged with
  • how you plan on keeping track of your court dates and getting to court

Make sure to communicate with your lawyer about the following key aspects: Provide them with information on how to contact your friends or family in case of need, ensuring a reliable support network is readily available. If you identify as First Nation, Métis, or Inuit, share this information as it could be relevant to your case. Additionally, inform your lawyer about any injuries, illnesses, mental health conditions, or addiction issues you may be dealing with. Open and transparent communication with your lawyer about these matters will help ensure that your legal strategy is tailored to your unique circumstances and needs.

 

Bail Conditions

Bail conditions serve as a vital aspect of the Canadian legal system, designed to strike a delicate equilibrium between safeguarding public safety and upholding the presumption of innocence. These conditions are imposed on individuals who have been released from custody pending trial, setting parameters to ensure their compliance with the law while they await their day in court. Imagine a scenario where an individual is accused of a non-violent offense. In this case, bail conditions may include requirements such as refraining from contacting certain individuals, staying within a designated geographic area, and submitting to regular check-ins with law enforcement. By tailoring these conditions to the specific circumstances of each case, the legal system seeks to prevent potential risks while respecting an individual's right to liberty.

Moreover, bail conditions extend beyond the scope of risk management, aiming to uphold the integrity of ongoing legal proceedings. They discourage potential interference with witnesses, victims, or evidence, thereby preserving the fairness of future trials. For instance, consider a situation where a high-profile corporate executive is charged with white-collar crime. Bail conditions may prohibit them from interacting with their colleagues or associates who are involved in the same investigation. This measure prevents any undue influence on the ongoing case, fostering an environment where justice can be pursued impartially. Ultimately, the purpose of bail conditions extends beyond confinement; it is a mechanism to ensure that the principles of justice, safety, and fairness are upheld throughout the legal process.

 

Examples of bail conditions:

  • Not talking to (in person or over text or phone or online) with the alleged victim or complainant
  • Not talking to in person or over text or phone or online with your co accused
  • Not going within a specific distance of a specific place or person(s)
  • Live at a specific address
  • Stay at home during specific hours usually overnight
  • Follow the rules of a house arrest.

 

What happens if I don’t follow my bail conditions?

Adhering to bail conditions is of paramount importance. Failure to follow these stipulations can have significant consequences, resulting in a re-arrest and an extended stay in custody until a new bail hearing takes place. This serves as a safeguard to ensure that those released on bail uphold their commitments and maintain the delicate balance between liberty and legal accountability. Picture a scenario where an individual facing charges is granted bail with the condition to avoid contact with a specific witness. If, however, they disregard this condition and attempt to influence or intimidate the witness, law enforcement can swiftly intervene. The police have the authority to re-arrest the individual and bring them back into custody, signaling a suspension of their bail privileges until a new hearing evaluates the situation.

The decision to re-arrest and hold someone in custody underscores the gravity of adhering to bail conditions. This process ensures that individuals remain accountable for their actions and upholds the principle of fairness in legal proceedings. Furthermore, it acts as a deterrent against potential attempts to undermine the legal process or endanger others involved in the case. By illustrating the direct consequences of non-compliance, the Canadian legal system reinforces the significance of respecting bail conditions and underscores the interconnectedness between personal liberty and the responsibility to engage in the legal process with integrity.

Titan Defence Successes

R v ZM
Client had been ordered detained after 4 th set of outstanding charges including an attempt murder, serious drug possession and proceeds of crime, breaches of court orders and a domestic assault. Successfully secured the clients release because of a material change in circumstance: namely weaknesses which arose on the Crown’s cases after thorough review of the cases before the court. These frailties ultimately also lead to a reduction of the attempt murder to an aggravated assault. All other sets of charges were ultimately withdrawn.

R v JB
Client charged with human trafficking related offences. He maintained his innocence from the beginning. Despite him having a very minor criminal record, he was ordered detained at two separate bail hearings. He retained us to conduct a third bail hearing. After reviewing the file, we launched an attack on the credibility of the witness. We were able to find other cases in which the complainant had falsely accused an individual of trafficking and relied on those for the bail. The client was released immediately to his family and four kids, and ultimately acquitted of human trafficking.

R v RB
Client was ordered detained after 5 th set of charges before the court including, assault, assault with a weapon, criminal harassment, fraud, multiple breaches of court orders and domestic assault. Was able to secure the clients release arguing both legal error and material change in circumstances by strengthening the plan of supervision and pointing out the weaknesses in the Crown’s cases against the client. Was able to  secure acquittals on two sets of charges at trial, and the Crown ultimately withdrew the rest as all matters related to the same two complainants. Client remains to be free of a criminal record despite the number of matters/charges with which he was faced.

Contact Titan Defence

At Titan Defence, we are committed to providing you with the expertise and guidance you need during this critical phase. Our dedicated team understands the intricacies of the legal process and can help you create a strong bail plan while ensuring that you comprehend and adhere to the conditions set forth. Don't face this complex situation alone — reach out to Titan Defence and let us support you in securing the best possible outcome for your case. Your rights and your future deserve the attention of seasoned professionals who are passionate about justice.

Author: Titan LLP

NOTE: THIS IS NOT LEGAL ADVICE AND THIS SHOULD ONLY BE RELIED ON FOR INFORMATIONAL PURPOSES. THIS BLOG IS NO SUBSTITUTE FOR LEGAL ADVICE BY AN ACTUAL LAWYER. THE LAW ALSO DYNAMIC IS CHANGES OFTEN, AND AS A RESULT, THE INFORMATION CONTAINED HEREIN MAY BE OUTDATED AFTER TIME. THIS BLOG MUST NOT BE RELIED ON AS A SUBSTITUTE FOR ACTUAL LEGAL RESEARCH.