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What is Bail?

Bail, also known as a “recognizance of bail”, is a court order that lets you remain in the community while your case is in the court system. If you are denied bail you will be kept in custody while your case is ongoing.

A bail hearing is not a trial. The judge or justice of the peace doesn’t decide whether you’re guilty or innocent. Instead, they consider the risk of letting you go back into the community while your case is ongoing.

A bail hearing is also known as a “show cause hearing”. That is because usually the Crown must “show cause” why you shouldn’t be released from custody on the least strict type of release: an Undertaking without Conditions.

An Undertaking without Conditions lets you be released from custody as long as you promise to go to court when required. If the Crown wants you to follow more conditions if you are released, they must explain why.