When someone is arrested in Alberta, understanding the bail process becomes crucial for both the accused and their loved ones. This guide will walk you through the essential aspects of the bail process in Alberta, helping you navigate this challenging situation with clarity and confidence.
What is Bail?
Bail, also known as judicial interim release, is a legal process that allows an accused person to be released from custody while awaiting their trial. This critical aspect of the criminal justice system balances public safety with the presumption of innocence.
The fundamental principle behind bail in Canada is that an accused person should not be denied reasonable bail without just cause, as protected by Section 11(e) of the Canadian Charter of Rights and Freedoms. This right reflects the understanding that accused persons should maintain their freedom and ability to prepare their defence while their case proceeds through the courts, unless there are compelling reasons for detention.
The bail system serves multiple purposes: it ensures the accused appears in court, protects public safety, and maintains confidence in the justice system. Unlike the American system, where bail often requires substantial cash deposits, the Canadian approach typically focuses more on conditions of release and promises to appear, though monetary conditions may still apply in certain cases. This approach aims to create a more equitable system that doesn’t disadvantage accused persons based solely on their financial means.
The Arrest and Initial Detention
After an arrest, the police must determine the appropriate course of action based on various factors including the nature and severity of the alleged offense, the accused’s criminal record, their ties to the community, and any potential risks to public safety or the administration of justice. They have several key options available:
- Release the accused with a promise to appear in court
- Release with an undertaking (conditions attached)
- Hold the accused for a bail hearing
If held for a bail hearing, the accused must be brought before a justice of the peace or judge within 24 hours of arrest, as required by law.
Types of Release
1. Police Release
In many cases, particularly for minor offences, the police may release an accused person directly from the police station. This release might include an appearance notice, a promise to appear, or an undertaking with conditions.
2. Court Release
For more serious matters, a bail hearing before a justice of the peace or judge is required. This typically occurs in one of two ways: through a provincial court bail hearing or a Court of King’s Bench bail hearing for more serious charges.
The Bail Hearing Process
1. Preparation
Before the bail hearing, thorough preparation is essential to maximize the chances of success. The first priority is to contact family members or trusted friends who might be willing to act as sureties. These potential sureties should be individuals with stable lifestyles, clean criminal records, and sufficient financial means to pledge as security. They need to understand the serious responsibility they’re taking on and be prepared to actively supervise the accused if bail is granted.
2. During the Hearing
The Crown prosecutor will present their position on release, taking into account the nature of the charges, the accused’s criminal record (if any), the strength of the evidence, and public safety concerns.
The defence then responds by addressing the accused’s ties to the community, employment status, family support, and proposed release plan.
The Three Grounds for Detention
When deciding whether to grant bail, the court conducts a thorough analysis based on three grounds established by the Criminal Code of Canada. The primary ground focuses on ensuring court attendance, evaluating factors like community ties, flight risk, and history of court appearances, while the secondary ground addresses public safety concerns by examining criminal history, potential risks to witnesses or victims, and whether conditions like no-contact orders or treatment programs can adequately protect the public.
The tertiary ground, typically reserved for serious cases, considers whether releasing the accused would undermine public confidence in the justice system. This becomes particularly relevant in high-profile cases or those involving grave offenses that have significantly impacted the community. The court weighs factors such as the strength of the prosecution’s case, the severity of the alleged offense, and the circumstances of the crime, while balancing public confidence against the fundamental presumption of innocence and the constitutional right to reasonable bail.
Release Conditions
If bail is granted, the court may impose various conditions on the accused. Common conditions include reporting to police at specified intervals, maintaining a curfew, and avoiding certain locations or people. The accused might also be required to surrender their passport, abstain from alcohol or drugs, or provide a cash deposit or surety.
Understanding Sureties
A surety plays a vital role in the bail process. This person agrees to supervise the accused while on release and pledges a specific amount of money as guarantee. They take responsibility for ensuring the accused follows bail conditions and must be approved by the court based on their reliability and resources.
What Happens if Bail is Denied?
If bail is denied, the accused will remain in custody until their trial, but this initial denial isn’t necessarily final. The most common recourse is pursuing a bail review in the Court of King’s Bench, where the defense can present new evidence and arguments for release. This review isn’t a traditional appeal – the higher court conducts a fresh analysis of the bail situation, considering any changes in circumstances since the initial hearing, such as new sureties, secured employment, treatment program enrollment, or weakening of the Crown’s case.
While awaiting the outcome of a bail review, the accused might also work towards resolving the case through other means, such as negotiating a plea agreement, seeking an expedited trial date, or participating in rehabilitation programs that address the court’s concerns. During this time, maintaining good behavior in custody and staying in close contact with legal counsel is crucial, as they can monitor the case’s progress and identify new opportunities for securing release as circumstances change.
Violations of Bail Conditions
Breaking bail conditions carries serious consequences. The accused may face new criminal charges and have their bail revoked. If released again, they may face more stringent conditions, and the violation could make it more difficult to obtain bail in future cases.
Conclusion
The bail process in Alberta aims to balance the rights of the accused with public safety concerns. While this guide provides a general overview, each case is unique and may present different challenges and considerations. Success in the bail process often comes down to acting quickly after arrest, being well-prepared for the hearing, and strictly following any conditions imposed.
Navigating the bail process can feel overwhelming, but you don’t have to face it alone. At Kurie Moore Law Group, our experienced Sherwood Park Lawyers have helped numerous clients successfully secure bail in Sherwood Park and Edmonton. We understand the local court system and know what judges look for in a strong bail plan.
Contact us today at 1-780-809-3545 to speak with a lawyer who can guide you through the bail process and fight for your release. Located just one block from the Sherwood Park Provincial Court, we’re ready to act quickly when you need us most. Your freedom is our priority.