Dec 28
The lawyers of Lockyer Zaduk Zeeh are experienced bail lawyers. We place substantial emphasis on our client’s freedom, whether that is during the bail hearing phase or on a bail review. We work with you and your sureties to ensure you have the best chance of release pending your trial.
If you need an experienced lawyer to represent you at your bail hearing, special bail hearing, reserve onus bail hearing, bail review, or bail pending appeal, call us at (416) 613-0416 or (416) 595-9500 or contact us at info@lzzdefence.ca for a consultation.
What is a Tunney Hearing?
Many times, the bail vettor (a Crown) will agree to your release, but there is disagreement over the required level of supervision. For example, the bail vettor may require a surety release, while your lawyer may believe that bail program is sufficient. In this example, both parties agree that you are releasable.
After Justice Di Luca’s decision in R. v. Tunney, a new procedure known as a Tunney hearing has been utilized. The Crown and your lawyer will make submissions on why their proposed level of supervision is sufficient. The Justice of the Peace or the judge will rule on the level of supervision that is appropriate in the circumstances.
The Tunney hearing process has made the bail system more efficient, but more importantly, it has been a benefit to the accused. It alleviates the need to call proposed sureties, and it eliminates the risk of an unwarranted detention. In the past, there were times that a Justice of the Peace would detain an individual because the plan proposed to them was not sufficient, instead of fashioning an appropriate release (“bail set, not met”).
