Bail Hearing Lawyer Mississauga & Brampton
Trained at an Ontario Crown Attorney's Office.
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- English, Punjabi and Hindi
Need help with bail? Tell us what happened.
New to bail court? Read what is a bail hearing? and bail phase vs bail hearing.
A bail hearing decides whether you are released while your criminal case continues. Under section 515 of the Criminal Code, the Crown usually must justify detention, but 2026 reforms added reverse-onus cases where you must show detention is not justified. A bail hearing lawyer prepares your release plan and sureties.
Someone you care about has been arrested and is being held for bail. You may not know when they will see a judge or whether they will come home. A bail hearing lawyer can step in quickly, often before the first court appearance.
At Aftermath Law, a bail lawyer helps accused persons and their families prepare for bail. We speak with the accused, meet possible sureties and build a release plan that answers the court's concerns. Bail law changed in July 2026, so preparation matters more than before.
Our phone is answered 24/7, including during arrests. If you were arrested in Mississauga or Brampton, your case will generally be heard at the Brampton courthouse.
Peel bail hearings run through the Brampton courthouse. See our Brampton courthouse guide.
Need help with bail?
The law
The legal test for bail
The 24-hour rule. Under s. 503 of the Criminal Code, a person held after arrest must be brought before a justice without unreasonable delay. If a justice is available, that must happen within 24 hours.
Who has to prove what. In most cases, the Crown must show cause why detention or a stricter form of release is needed (s. 515(1)). This is the "show cause" hearing. The principle of restraint (s. 493.1) generally favours release.
The three grounds. Under s. 515(10), detention can be justified only on one or more of these grounds:
- Primary: detention is needed to make sure you attend court.
- Secondary: detention is needed to protect the public, including victims and witnesses.
- Tertiary: detention is needed to maintain confidence in the administration of justice.
Reverse onus. In some cases, you must show why you should be released. Examples under s. 515(6) include an indictable offence allegedly committed while already on release, certain firearms offences and certain serious drug offences.
An intimate partner violence charge is another example. This applies if you have a prior conviction or discharge for intimate partner violence, or were already on a peace bond protecting an intimate partner.
What Bill C-14 changed in 2026
The Bail and Sentencing Reform Act (Bill C-14) received Royal Assent on June 15, 2026. Its bail changes came into force on July 15, 2026. They include:
- New reverse onus situations: violent or organized-crime auto theft; home break and enter; human trafficking; human smuggling; violent extortion.
- Choking and strangulation: assault and sexual assault involving choking, suffocation or strangulation now carry a reverse onus.
- Repeat violence: serious violent offences where the accused has two or more prior similar convictions now carry a reverse onus.
- Longer lookback: for prior weapons-related violence convictions, the lookback period grew from 5 to 10 years.
- Restraint clarified: the principle of restraint does not require release.
- Ladder principle limited: the rule that the least onerous form of release comes first does not apply to reverse onus cases.
- Release plans: a reverse onus accused must clearly demonstrate that their release plan addresses the risks they pose.
- New factors: courts must consider intimate partner violence allegations, prior violent convictions, and whether violence was random or unprovoked. For the tertiary ground, courts must consider the number or seriousness of outstanding charges.
- Surety restriction: A person convicted of an indictable offence in the last 10 years generally cannot be a surety (s. 515(2.11)). The exception is when no other suitable surety is available and it is in the interests of justice.
Find your local court in our courthouse guides for Brampton, Milton, Toronto, Newmarket, Kitchener and Orangeville.
Robbery with a firearm is a reverse onus offence. See robbery charges.
See show cause bail hearings and reverse onus bail and the 2026 changes.
THE COURT PROCESS
The bail process, stage by stage
Arrest
Police decide whether to release you or hold you for a bail hearing.
Answer your call 24/7 and advise you of your rights, including the right to stay silent.
First appearance
You are brought before a justice, generally within 24 hours.
Speak with the Crown about its position and whether release on consent is possible.
Preparing the plan
The court will want to know where you will live and who will supervise you.
Interview sureties, check their eligibility and build a written release plan.
Show cause hearing
The Crown or the defence presents evidence and arguments on the three grounds.
Present the plan, call sureties as witnesses and respond to the Crown's concerns.
Decision
The justice releases you on terms or orders detention.
Review the conditions with you so you understand exactly what they require.
Bail review
If detained, you can apply to a Superior Court of Justice judge under s. 520.
Assess whether a review may succeed and prepare a stronger plan.
Living on bail
You must follow every condition until the case ends or the order changes.
Seek changes to conditions when circumstances change. Need different conditions? See bail reviews and changing conditions.
Breaching conditions. Failing to comply with a release order or undertaking is a separate offence under s. 145. It is hybrid, with an indictable maximum of 2 years. A breach allegedly committed while you are on release carries a reverse onus at the next bail hearing (s. 515(6)(c)).
Under s. 524, the Crown can also apply to cancel your release. If it is cancelled, you must show why you should not be detained.
The 2-year figure is a maximum, not a prediction. Detention itself can affect your job, family, housing and immigration plans, and can add pressure to resolve a case early.
Just arrested? Read what to do in the first 24 hours.
Breaking a condition is a separate offence. See breach of bail conditions.
Your options
Possible outcomes
Release on consent: the Crown may agree to a release plan without a contested hearing.
Release on an undertaking or release orderRelease follows the terms of the plan.
with or without conditions, depending on the case.
Release with a suretyAnother person agrees to supervise release.
a person promises the court to supervise you and may pledge money.
DetentionThe accused remains in custody before trial.
you stay in custody until trial, or until a bail review or a change in circumstances.
No lawyer can promise release. A clear, realistic plan can help the court assess the risks.
The earlier a lawyer is involved, the more can be protected.
RELATED GUIDES
Keep reading
4 GUIDESTHE CROWN'S VIEW
How the Crown looks at a bail hearing
At the start of a case, the Crown decides whether to consent to your release or to ask for a show cause hearing. Crown policy says the charge screening test, a reasonable prospect of conviction and a prosecution in the public interest, applies at every stage, including bail.
When deciding whether to consent to release, prosecutors focus on the three legal grounds for detention. Will the person attend court? Is there a substantial likelihood of further offences or interference with witnesses? And would release undermine confidence in the justice system? A clear release plan that answers each concern can move the Crown from opposing release to consenting to it. Our lawyer trained at an Ontario Crown Attorney's Office and knows what a prosecutor needs to see before agreeing.
That plan may include a responsible surety, a stable address, and conditions that match the risks. In reverse onus cases, the burden is on the accused, so a strong plan matters even more. See our guide to reverse onus and the 2026 bail changes.
Your defence
How we prepare for your bail hearing
Which detention grounds must the plan answer? - Criminal Code s. 515(10)
The Code identifies attendance in court, protection or safety, and maintaining confidence in the administration of justice as grounds for detention. Each ground has its own statutory requirements. We examine the allegations, record, proposed address and available supports to build a plan directed at the grounds actually raised.
Who must justify release or detention? - Criminal Code ss. 515(1) and (6)
The usual starting point requires the prosecutor to justify detention or a more restrictive release order, but specified situations place the burden on the accused. We check the precise charge, criminal history and existing orders before treating a case as reverse onus. Where that onus applies, the proposed plan must address the statutory detention risks.
Is a less restrictive plan appropriate? - Criminal Code ss. 493.1 and 515(2.01)–(2.04)
The Code favours the least onerous release conditions appropriate to the circumstances, while accounting for the detention grounds. Its rules also require attention to whether conditions can realistically be followed. We examine reporting, residence, contact and work restrictions against the actual risks and any applicable statutory exceptions.
Can the proposed surety qualify? - Criminal Code ss. 515(2.03) and (2.11)–(2.12)
A surety is not required in every case. The Code restricts naming someone convicted of an indictable offence in the previous ten years, unless no other suitable surety is available and the appointment is in the interests of justice. We check the proposed surety’s history, suitability and ability to carry out the role before presenting the plan.
Read bail sureties: living with the accused. Helping a family member? See how to get someone out on bail.Is the supporting information reliable? - Criminal Code s. 518(1)(e)
A bail court may receive evidence it considers credible or trustworthy in the circumstances. We organize the proposed address, support arrangements and other supporting information so the plan can be assessed rather than merely asserted. We also check the prosecution’s account for gaps or errors relevant to release.
What if an existing order needs changing? - Criminal Code ss. 519.1 and 520
The available process depends on whether a consent variation is possible or a court review is needed. A section 519.1 variation requires written consent from the accused, prosecutor and any sureties; section 520 provides an accused’s review application, subject to its requirements. We review the existing order, proposed changes and supporting material before choosing the route.
WHAT TO DO NOW
What to do if someone you know has been arrested
- Call a lawyer right away. Have the person's full name and where they were arrested.
- Tell the accused not to discuss the facts on jail phones or with other people in custody.
- Identify possible sureties: responsible adults with a stable home and no indictable conviction in the last 10 years.
- Gather details for the plan: address, work schedule, school or treatment.
- Do not contact the complainant or witnesses on the accused's behalf.
- Bring sureties to court, ready to testify if needed.
PEEL REGION
Bail hearings in Peel Region
If Peel Regional Police hold you after an arrest in Mississauga or Brampton, you will be brought before the court within 24 hours. People arrested in Caledon are held by the Ontario Provincial Police and also go to court in Brampton. Peel bail hearings take place at the A. Grenville and William Davis Courthouse at 7755 Hurontario Street. Many first bail appearances happen by video from the police station.
Legal Aid Ontario has a criminal duty counsel office at the Brampton courthouse. Duty counsel can help people who do not have a lawyer yet. If you reach a lawyer early, they can ask the Crown about a consent release, prepare sureties and build a release plan before the hearing. If a justice orders detention, you can ask for a bail review in the Superior Court of Justice in the same building. Our Brampton courthouse guide explains what to expect.
BEFORE YOU CALL
Preparing for the first conversation
Your papers (an appearance notice, summons, undertaking or release order) hold most of what we need. Look for these three things.
The charge and the section number, exactly as written.
Your next court date, time and courthouse.
Any conditions, such as no contact or where you must live.
WHY AFTERMATH LAW
A defence you can reach, afford and understand
Call 24/7Including from the police station
Arrests do not only happen during office hours. Call (647) 223-1980 any time, including from a police station. You deal directly with Dildeep Sahi. If he is in court or on another call, he will call you back as soon as he can.
Legal Aid acceptedWe'll help you check if you qualify
We accept Legal Aid Ontario certificates for criminal matters. If you qualify, Legal Aid Ontario may cover the cost of your defence. If you are not sure whether you qualify, we will help you find out.
Flat fees, payment plansAgreed in writing before work starts
Private clients get a clear flat fee for their charge, agreed in writing before work starts, with payment plans available. No surprise invoices.
English, Punjabi, HindiFamily can join, with your consent
Explain what happened in the language you think in. Family members are welcome to join the consultation with your consent.
Trained at an Ontario Crown Attorney's Office
Training at a Crown Attorney's Office gives insight into how the prosecution prepares and reviews a case.
Related pages
LANGUAGES
Consultations in English, Punjabi and Hindi
Speak with Dildeep in English, Punjabi (ਪੰਜਾਬੀ) or Hindi (हिन्दी). Legal Aid Ontario certificates are accepted.
Official sources
8 links
- Criminal Code, s. 145 (failure to comply)
- Criminal Code, s. 493.1 (principle of restraint)
- Criminal Code, s. 503 (appearance within 24 hours)
- Criminal Code, s. 515 (judicial interim release)
- Criminal Code, s. 520 (bail review)
- Criminal Code, s. 524 (cancellation of release)
- Canadian Charter of Rights and Freedoms
- Justice Canada: Bail and Sentencing Reform Act (Bill C-14)
Next steps
Talk to a lawyer today
If someone you know is being held for bail, call (647) 223-1980 now, day or night. Start with a free consultation.
Call 24/7General information only, not legal advice. Contacting Aftermath Law does not create a lawyer-client relationship.
What clients say
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Questions
Frequently asked questions
How long does it take to get a bail hearing in Ontario?
A person held in custody must generally see a justice within 24 hours of arrest. The full hearing may not happen on that first day. Delays can occur while the Crown reviews the file or while sureties are arranged.
What is a reverse onus bail hearing?
In most cases, the Crown must justify detention. In a reverse onus case, you must show why you should be released. Bill C-14 added several new reverse onus situations as of July 15, 2026.
Who can be a surety?
A surety is a person who promises the court to supervise you and may pledge money. Since July 15, 2026, a person convicted of an indictable offence in the last 10 years generally cannot be a surety (s. 515(2.11)). The exception is when no other suitable surety is available and it is in the interests of justice.
Can bail be denied and then reviewed?
Yes. Under s. 520, an accused can apply to a Superior Court of Justice judge to review a detention order. The Crown must receive at least two clear days' written notice, and repeat applications generally wait 30 days.
What happens if I break a bail condition?
You can be charged with failing to comply under s. 145. The Crown can also apply to cancel your release under s. 524, and you may then have to show why you should not be detained.