Bail Reviews and Changing Bail Conditions in Ontario

The short answer

There are two main ways to change a bail decision in Ontario. The first is a consent change, where the Crown agrees to new terms and the paperwork is filed. The second is a bail review, where a Superior Court judge looks at the original decision. A bail review is used for detention orders and for release terms that the Crown will not agree to change.

The consent route is usually faster and less expensive, so it is normally tried first. See our bail hearings page for an overview.

Changing conditions by consent

A release order made under s. 515 can be varied with the written consent of you, the Crown and any sureties (s. 519.1). Common reasons for a change include:

• Relaxing a curfew so you can work.
• Allowing contact with your children.
• Changing your address.
• Removing house arrest after a good record on release.

If you have a surety, they usually must agree in writing, especially to changes involving your address or supervision.

For example, someone who has started a night-shift job may ask to change a curfew. The request is stronger with proof, such as a letter from the employer and a clear record of following the current terms. A request does not suspend the old condition, so keep following it until the change is signed and in force.

Bail review

If the Crown will not agree, or if you were detained, you can apply for a review in the Superior Court of Justice (s. 520). If the Crown believes a release order is too lenient, the Crown can apply for a review of it (s. 521).

If you apply, you must give the Crown at least two clear days' written notice, unless the Crown agrees to less. If the Crown applies, it must give you at least two clear days' written notice. Once a review has been decided, another application generally cannot be brought within 30 days without leave of a judge.

A bail review is not a second bail hearing. The judge looks at whether the first decision should be changed, not simply whether they would have decided it differently.

When a bail review can succeed

A reviewing judge can change a bail decision only if:

• The first justice made an error of law.
• The decision was clearly inappropriate.
• There is new evidence showing a relevant change in circumstances.

Without one of these, the judge generally will not replace the original decision with their own view.

Changes since your hearing

The most common basis for a review is new evidence. Examples include a new or stronger surety, a treatment bed that is now available, a long delay with no trial date in sight, or new information that weakens the Crown's case. Bring documents with you, because a letter from a treatment program or a signed statement from a new surety is stronger than a description.

What a review needs

1. The transcript: A transcript of the original bail hearing is usually required.
2. The application: Your lawyer files an application with a written outline of the reasons for the review.
3. New evidence: If the review is based on a change in circumstances, affidavits or documents prove that change.
4. The plan: The application explains how you will follow your terms if released.

A review usually takes a few weeks to schedule, depending on the transcript and the court's availability.

The hearing itself

At the review hearing, the judge reads the materials, hears from your lawyer and the Crown, and may hear from a proposed surety. The judge then decides whether to confirm the original order, change the conditions, release you on a new plan or, on a Crown review, order detention.

While you wait

Follow every condition you have now. A breach is a separate offence under s. 145, and it can seriously harm your request. If someone asks you to ignore a term, say no and tell your lawyer. See our breach of bail guide.

Changing a police undertaking

If police released you on an undertaking rather than a court release order, the conditions can usually be varied with the written consent of you and the Crown (s. 502). If the Crown does not agree, your lawyer can apply to a justice to change the terms. In either case, the original conditions remain in force until the change is properly made.

What makes a review application strong

A strong review application is specific and supported by documents. It identifies the exact error or change in circumstances, explains why the original decision should be changed, and sets out a detailed plan that answers the concerns the first justice raised. Applications that simply repeat the arguments from the original hearing, without anything new, rarely succeed, so it is important to identify early whether there is a solid basis for a review.

Reviews in reverse onus cases

If the original hearing involved a reverse onus, the reviewing judge will still consider whether you met that burden, including whether your plan clearly demonstrates that it deals with the risks. A review in this situation often depends on new evidence, such as a stronger surety, confirmed treatment or electronic monitoring, that addresses the specific concerns the first justice identified.

When the complainant wants contact

In domestic cases, the complainant sometimes asks for a no-contact condition to be removed or relaxed. Their wishes are important, but they do not change the order on their own. The Crown usually considers the complainant's views, any safety concerns and the history of the case before deciding whether to consent to a variation, and if the Crown does not agree, a review may be the only route.

Practical tips while you wait

Keep a copy of your current release order with you, and make sure your surety has one as well. If your circumstances change, such as a new job, a new address or a medical issue, tell your lawyer promptly, because those changes may support a variation or a review. Keep proof of compliance, such as work schedules and program attendance, since a good record on release can strengthen any request to relax your conditions later.

How we can help

We can ask the Crown to agree to a change, or prepare and argue the bail review application. Call (647) 223-1980 for a free consultation.

Frequently asked questions