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Bail Review: A Legal Process in Ontario for Ensuring Appropriate Bail Conditions and Avoiding Unnecessary Custody
Last Updated: August 25 2026
Question: In Ontario, how do I request a bail review after bail is denied or my bail conditions are too strict?
Answer: In Ontario, a bail review lets an accused ask for a judge to re-assess whether they should be released and whether bail conditions are appropriate. You must generally file your bail review application within seven days of the initial bail hearing, and the judge will consider the Crown’s and defence’s evidence, the strength of the case, any criminal record, your ties to the community (family, employment, residence), and the seriousness of the offence and the risk of not appearing in court. If approved, the judge can set release conditions such as a surety, curfew, or reporting requirements, and if denied you may remain in custody until trial. For help preparing submissions, reviewing timelines, and building a practical bail plan, DefendCharges.Lawyer can assist in Ontario, call (647) 977-5997 to discuss your options today.
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Bail review is a legal process in Ontario that allows individuals who have been denied bail or are dissatisfied with their bail conditions to have their case reviewed by a judge. The purpose of the bail review is to ensure that the bail conditions are appropriate and that the accused is not being held in custody unnecessarily. In Ontario, the bail review process is governed by the Criminal Code of Canada and the Bail Reform Act. The Bail Reform Act sets out the criteria for bail review, including the types of cases that can be reviewed, the procedures for filing a bail review application, and the criteria for granting bail.
Note: Please contact DefendCharges.Lawyer by phone at: (647) 977-5997 to discuss any specific questions that you may have.
When an individual is arrested, they are brought before a justice of the peace or judge who decides whether or not to grant bail. If bail is denied, the individual can apply for a bail review. The application must be filed within seven days of the initial bail hearing. At the bail review hearing, the judge will consider the facts of the case and the accused’s criminal record, if any. The judge will also consider the accused’s ties to the community, such as family, employment, and residence. The judge will also consider the nature and seriousness of the offence and the likelihood of the accused appearing in court. The judge may decide to grant bail, deny bail, or impose conditions on the accused. Conditions may include a surety, a curfew, or a requirement to report to a bail supervisor. If the judge denies bail, the accused may be held in custody until their trial.
The Law
Summary Comment
The bail review process is an important part of the criminal justice system in Ontario. It ensures that individuals are not held in custody unnecessarily and that bail conditions are appropriate. It also ensures that the accused is able to appear in court and participate in their own defence.
