A bail hearing — formally a judicial interim release hearing — is a court proceeding where a justice of the peace or judge decides whether an accused person will be released from custody while their criminal case is pending. The hearing takes place under Part XVI of the Criminal Code (sections 515–526).
At a bail hearing, the Crown may argue for detention on one or more of three grounds: that detention is necessary to ensure the accused attends court (the primary ground), that detention is necessary for public safety (the secondary ground), or that release would undermine public confidence in the administration of justice (the tertiary ground). The accused or their surety proposes a release plan — conditions, supervision, and a pledge of money — to address the Crown's concerns.
For most offences, the burden is on the Crown to show why detention is justified. However, for certain serious offences — including some firearms offences, offences committed while on release for another charge, and offences under section 469 of the Criminal Code — the burden shifts to the accused to show why release is justified. The release plan and the quality of the surety are often decisive factors.