What Happens If Bail Is Denied in Ontario

If bail is denied in Ontario, the accused remains in custody under the detention order. For many adult criminal cases, a lawyer can assess an application to the Superior Court of Justice under section 520 of the Criminal Code. This is a formal review with specific legal requirements, and release is not guaranteed. ^[1]

For the person in custody and their family, the immediate priorities are understanding the reasons for detention and identifying whether there is a sound basis to challenge the decision. The right approach depends on the charge, the hearing record and any meaningful new information. Our Bail Resource Centre explains the wider process.

What a bail refusal means

A bail hearing decides whether an accused person should be released while the criminal case proceeds. Detention may be justified to secure attendance in court, protect public safety, or maintain confidence in the administration of justice under the statutory criteria. A refusal is not a finding that the person committed the alleged offence. ^[2]

Start with the court’s reasons. Was the concern an unsuitable address, unreliable supervision, an alleged pattern of offending, or a combination of factors? Identifying the actual concern is more useful than assuming a larger financial pledge will resolve it.

When a bail review may be available

In R v St Cloud, the Supreme Court of Canada explained circumstances in which a reviewing judge may intervene. These include a legal error, a decision that was clearly inappropriate, or admissible new evidence demonstrating a material and relevant change in circumstances. ^[3]

Disagreeing with the result is not enough. A review application needs to explain the legal problem or show why new information changes the assessment. A proposed change should be connected to the reason bail was refused. Counsel must also consider whether the evidence can properly be introduced on review. ^[3]

For example, if the original plan did not provide a workable place to live, confirmed accommodation may deserve investigation. If the concern involved contact with a complainant, an address change alone may leave important questions unanswered. These are practical examples, not predictions of how a judge will decide.

Building a more workable release proposal

A revised plan should explain what can actually happen if release is ordered. Who has agreed to provide accommodation? Is that address available now? How would the person attend court, travel to work and follow any restrictions? Gather information that can be checked rather than broad assurances that everything will be fine.

If supervision is proposed, describe the person’s availability and ability to carry out the responsibilities. Do not promise constant supervision without considering work, childcare and other commitments. Our guides to preparing a bail plan and being a surety in Ontario explain the questions to discuss with counsel.

More restrictive conditions do not automatically produce a better plan. Think carefully about whether a proposed condition is practical, addresses the identified concern and can be followed consistently. A plan that sounds impressive but cannot operate day to day creates avoidable problems.

What information a lawyer may need

Ontario’s Criminal Proceedings Rules set out materials for bail applications, including affidavits and, for reviews, transcripts and relevant exhibits. The requirements depend on the application. A lawyer should identify the necessary record before the hearing is arranged. ^[4]

To make that discussion productive, gather the following information where available:

The accused person’s full name, custody location, charges and next court date.

The date and courthouse of the bail hearing, the detention order and any documents already received.

Names and contact details of people offering accommodation or other practical support.

Accurate details of what has changed since the first hearing and documents that could verify the change.

Information about other orders or proceedings that could affect the proposed plan.

Separate what you know personally from what someone else has told you. Let counsel decide which documents are relevant and how evidence should be presented. Family members do not need to write legal arguments before making the initial call.

How long a bail review can take

There is no reliable completion date that applies to every case. The hearing record, supporting evidence and local scheduling arrangements all need attention. For example, the Superior Court’s Central East direction requires the necessary materials to be served and filed before a review can be scheduled. Other regions have their own directions. ^[5]

Section 520 ordinarily requires at least two clear days of written notice to the prosecutor unless the prosecutor consents otherwise. That notice rule does not promise a hearing or release within two days. After a decision under section 520, 521 or 525, a further application under section 520 or 521 generally cannot be made for 30 days unless a judge grants leave. ^[1]

A detention review after 90 days is a different process

Section 525 provides a separate review mechanism for qualifying accused persons whose trial has not started within the applicable 90-day period. The calculation can be affected by later detention orders or review decisions. The provision excludes section 469 offences and people who must remain detained on another matter; it also contains waiver provisions. ^[6]

Reaching the threshold does not automatically end detention. The court considers continued custody under the applicable legal framework. Current section 525 also provides that, following a continued detention order, another hearing under that section is not automatic unless the judge requires it. A lawyer can check eligibility and the correct dates. ^[6]

Some serious charges follow a different route

For offences listed in section 469, including murder, bail must be addressed by a superior court judge under section 522. That provision places the burden on the accused to justify release through a plan addressing the relevant risks. Review of an order made under section 522 follows section 680, rather than the usual section 520 route. A section 680 review proceeds in the Court of Appeal on the direction of its Chief Justice or acting Chief Justice. ^[7][8][10]

The court and statutory authority that produced the detention order matter. Before preparing another application, confirm the correct route with a lawyer who has reviewed that order.

Frequently asked questions

Does being denied bail mean I have been found guilty

No. Bail addresses release or detention while the case proceeds. The criminal allegations still have to be resolved through the court process. ^[2]

Can I request a review immediately after the first refusal

A first section 520 application does not carry a general 30-day waiting period after the initial section 515 refusal. Notice, preparation and scheduling requirements still apply. The restriction on further review applications is a separate rule. ^[1]

Will finding a new surety guarantee release

No. The proposed surety must fit a lawful and workable plan, and the review must address the court’s actual concerns and applicable legal requirements. ^[2][3]

Can a review also address bail conditions

Yes, depending on the order and circumstances. A consent variation may be available for a section 515 release order with written consent from the accused, prosecutor and any sureties. Read our guide to changing bail conditions for the different routes. ^[9]

Should the family wait until 90 days before asking for help

There is no need to postpone an initial legal consultation. Counsel can assess whether a review application is appropriate sooner and explain how any detention review provisions apply to the case.

Speak with LZZ Defence about a bail review

If someone you care about has been denied bail, contact LZZ Defence to discuss the decision and potential next steps. Have the hearing date, courthouse, custody location and available court documents ready for the conversation.

Learn about our bail hearings and reviews services, request a consultation, or call (416) 613-0416.

This article provides general information about adult criminal proceedings in Ontario. Advice about a particular case requires a review of its facts, orders and applicable law.

Legal sources

[1] Criminal Code section 520 — Review of order

[2] Criminal Code section 515 — Release and detention criteria

[3] Supreme Court of Canada — R v St Cloud 2015 SCC 27

[4] Ontario Superior Court of Justice — Criminal Proceedings Rules Rule 20

[5] Ontario Superior Court of Justice — Central East Practice Direction Part 4

[6] Criminal Code section 525 — Review of detention where trial delayed

[7] Criminal Code section 522 — Interim release by judge only

[8] Criminal Code section 680 — Review by court of appeal

[9] Criminal Code section 519.1 — Variation of release order with consent

[10] Criminal Code section 469 — Offences reserved to superior court jurisdiction