How to Get Someone Out on Bail in Ontario

The short answer

You cannot pay a fee to get someone out of custody in Ontario. Instead, a justice decides at a bail hearing whether the person will be released and on what terms. If the justice orders release with a surety, a family member or friend often takes on that role and promises to supervise the person.

This guide explains, step by step, what you can do to help someone who is being held for a bail hearing.

Step 1: Call a lawyer quickly

The first appearance usually happens within 24 hours of the arrest, so time is short. A lawyer can speak to the Crown, ask for disclosure and start building the release plan right away. If the person has no lawyer, duty counsel at the courthouse can speak for them at the first appearance, and many families hire a lawyer after that.

Step 2: Decide who can be a surety

The court wants an adult who knows the person well and can supervise them in practice. It also looks at the surety's finances and the stability of their home and work. See our sureties guide.

Since July 15, 2026, someone convicted of an indictable offence in the last 10 years generally cannot be a surety, subject to a limited exception. Ask honestly whether the proposed surety can watch the accused day to day. If they cannot realistically do that, they should not offer, because a weak surety can hurt the plan.

Step 3: Gather the paperwork

A proposed surety should bring:

• Government photo ID.
• Proof of address, such as a utility bill or lease.
• Proof of work and income, such as a pay stub or a letter from an employer.
• A short description of the accused's work or school schedule.

These documents help the justice see that the surety is stable and that the plan is realistic.

Step 4: Get ready to speak

The surety usually testifies, either in person or by video, and the Crown may ask questions. Typical questions include how long the surety has known the accused, where the accused will live, what the surety will do if a condition is broken, and whether the surety understands that the pledged money is at risk.

Honest, direct answers help the most, even when the questions are uncomfortable. A surety who admits a concern and explains how they will handle it is usually more credible than one who insists everything will be fine.

Step 5: Understand who decides and who must prove what

A justice decides whether the person is released and on what terms. Usually, the Crown must show why the person should stay in custody. In reverse onus cases, the accused must show why they should be released, and since July 15, 2026 they must clearly demonstrate that the plan deals with the risks. See our reverse onus guide.

Step 6: Sign the release paperwork

If the justice orders release with a surety, the surety must be present to sign the documents. If the surety is late or does not bring ID, the person may spend another night in custody, so be ready on the day of the hearing.

What about cash bail?

Ontario does not rely on cash bail, and there are no bail bond companies. The surety promises an amount but does not hand it over at the hearing. That amount is only at risk if the accused breaks the terms and a court orders it paid.

If bail is denied

The accused can ask for a bail review in the Superior Court of Justice under s. 520. A review needs a clear reason, such as a legal error, a clearly inappropriate decision or a real change since the hearing.

Mistakes that delay release

• Discussing the case on jail calls: These calls are recorded and can be used as evidence.
• Offering to be a surety without being able to supervise: The justice may reject the plan, which can add days to the wait.
• Contacting the complainant or a witness: This can lead to new charges and make release much less likely.
• Arriving without documents: Missing ID or proof of address can delay the hearing or the signing of the release.

After release

Once the person is released, the work is not over. The accused must follow every condition exactly, and the surety must supervise as promised. If a condition is not working, such as a curfew that conflicts with a new job, ask the lawyer about changing it. Do not simply ignore the condition while waiting for an answer. A breach is a separate offence under s. 145 and can lead to the release being cancelled.

Conditions you can expect

Release orders often include conditions such as a curfew, a ban on contacting the complainant or certain witnesses, a requirement to live at a specific address, and restrictions on alcohol or weapons. In more serious cases, the order may include house arrest, with exceptions for work, medical appointments and court. The person must understand every condition before signing, because breaking any one of them is a separate criminal offence.

When addiction or mental health is involved

If addiction or mental health is connected to the charge, a release plan that includes treatment can make the justice more comfortable granting release. Families can help by contacting treatment programs, counselling services or the person's doctor, and by gathering written confirmation of any appointments or placements. Programs in Peel Region and across Ontario sometimes have waiting lists, so starting these calls early is important.

Working with duty counsel

If the person does not yet have a lawyer, duty counsel at the courthouse can speak for them at the first appearance. Duty counsel can explain the process, speak to the Crown and sometimes arrange a consent release. Families can help by giving duty counsel the names and phone numbers of possible sureties, along with any information about the person's address, work or health.

Keeping records

Families often find it helpful to keep a simple record of court dates, conditions and contact with the lawyer. A written list of the conditions, kept somewhere easy to find, can help the accused person and the surety avoid accidental breaches, especially in the first weeks after release when the rules are new.

How we can help

We work with families at all hours to get a release plan ready quickly. Call (647) 223-1980 for a free consultation.

Frequently asked questions