Bail Revocation and Termination (Until December 18, 2019)
- 1 General Principles
- 2 Duration of Release Mechanisms
- 3 Bail Modification and Vacating Bail Orders
- 4 Bail Revocation Upon Arrest for New Charges
- 5 Vacating Recognizance
- 6 See Also
Where the accused is out of custody on pending charges, either by virtue of an appearance notice, promise to appear, summons, undertaking or recognizance, the court may order the accused to be taken into custody after trial.(s. 523)
The "duration of any release order ... is governed by s. 523."
Duration of Release Mechanisms
- Section 469 Offences
Consequence of New Information or Indictment Charging Same Offence(s)
Bail Modification and Vacating Bail Orders
The general power to make an order vacating a release order and replace the order with a remand order or new release order is found in s. 523(2).
Bail can be revoked "on cause being shown" on the basis of reasons set out in s. 515(10).
Section 523(2) permits a release or detention order to be vacated and replaced with new one:
An application may be made to revoke bail under s. 523 after it has been granted pursuant to ss. 515 or 522 of the Code or after a bail review under s. 520 of the Code.
Bail Revocation Upon Arrest for New Charges
Section 524(1) and (2) authorizes a judge or justice to issue a warrant of arrest where there is grounds to believe that the accused has breached a court order.
- Standard of Proof
The standard of proof under s. 524(a) is on proof of "reasonable ground" while under s. 524(b) is on proof of balance of probabilities.
- Section 469 Offences
When an accused is granted bail in relation to any charge of murder (or any s 469 offences) and the accused is subsequently arrested for breach of recognizance, "the superior court has jurisdiction, whether under section 524(4) or under section 521 of the Criminal Code, to revoke the accused's bail on the murder charges”.
Revoking Bail Upon Finding of Guilt
Upon finding of guilt the judge has discretion in whether to revoke bail.
Discretion can be exercised where:
- new facts emerge about the index offence;
- new facts emerge about other offences;
- likelihood of jail term;
A judge may, on his own accord, revoke bail on conviction.
The lost of the presumption of guilt, alone, does not constitute reason to revoke bail.
- R v Yassin, 2012 ONCJ 783 (CanLII), per Renaud J
- Yassin, ibid. ("In this regard, Justice Ducharme added a valuable comment at footnote 4: 'While s. 523(2)(a) would seem to permit a trial judge to act sua sponte, the requirement to show cause means, as a practical matter, that this would rarely be done.'”)
R v Green, 2006 CanLII 27306 (ON SC), per T Ducharme J, at para 15
Revocation of s. 525 Release Upon Breach of Conditions
A person released under s. 525(4) may have their release revoked pursuant to s. 525(5) to (8).