It can be overwhelming when you’re arrested in the Lower Mainland. One of the first legal processes is a judicial interim release hearing in Vancouver, also called a bail hearing throughout BC. 

Under the Canadian Charter of Rights and Freedoms, individuals are presumed innocent and typically have the right not to be denied reasonable bail without just cause. 

An experienced Vancouver criminal lawyer like Tom Doust can help prepare a detailed release plan and address the Crown’s concerns.

The Three Statutory Grounds for Detention Under the Criminal Code

Section 515(10) of the Criminal Code sets out three grounds on which the Crown may seek detention:

  • Primary grounds: To ensure the accused will attend future court appearances. 
  • Secondary grounds: To protect public safety and reduce the risk of further offences or interference with witnesses.
  • Tertiary grounds: To maintain public confidence in the administration of justice, considering factors like the seriousness of the alleged offence and the potential sentence.

The court weighs these factors carefully before deciding whether detention is necessary.

The Bail Ladder and Reverse Onus Provisions

Canadian courts follow what’s called the ladder principle. This means judges and justices of the peace must impose the least restrictive form of release that’s appropriate. More restrictive conditions can only be justified where necessary. 

Most hearings require the Crown to explain why detention is warranted. However, some cases involve reverse onus bail in Canada. This is when the accused must demonstrate why release is appropriate. 

These situations may include allegations involving:

Building a Release Plan in BC Courts

A successful bail application relies on evidence, not assurances. 

Common elements include:

  • A responsible surety or bail supervisor in BC who agrees to supervise the accused.
  • Appropriate release conditions under the Criminal Code imposed by courts, like curfews, no-contact orders, area restrictions, abstaining from drugs or alcohol, or reporting requirements.
  • Early discussions between defence counsel and Crown prosecutors which may lead to an agreed release and avoid a contested hearing. 

Preparing a realistic release plan from the start may improve the likelihood of obtaining judicial interim release, which is why early legal counsel is so important.

FAQs

How quickly does a bail hearing take place after an arrest in Vancouver?

The Criminal Code requires an arrested person to be brought before a judge or justice of the peace within 24 hours, or as soon as possible if that isn’t feasible. In British Columbia, hearings take place in Provincial Court during regular hours or through after-hours judicial services.

What are common release conditions in British Columbia?

Typical release conditions include reporting to a bail supervisor, observing a curfew, avoiding specified geographic areas, surrendering passports, and complying with no-contact orders.

What does a surety do?

A surety is usually a trusted friend or family member who agrees to supervise the accused and may pledge money that could be forfeited if bail conditions are breached.

What happens if a bail condition is breached?

Not complying with bail conditions is a separate criminal offence. It may result in arrest and potential detention in jail.

Contact Tom Doust Today

A realistic bail plan is critical after an arrest. If you or someone you care about has been arrested in the Lower Mainland, every hour counts. Contact Tom Doust at 1 (604) 618-7994 or visit our contact page immediately to secure experienced representation from an assertive Vancouver criminal lawyer.

This article is for informational purposes and doesn’t constitute legal advice.