A surety is a person who agrees to supervise an accused person while they are released on bail, and who pledges a sum of money that may be forfeited if the accused breaches their bail conditions or fails to attend court. The surety acts as a guarantee to the court that the accused will comply with the terms of release.
To be approved as a surety, the person must: be a Canadian citizen or permanent resident, have no criminal record (in most cases), have the financial means to cover the pledge amount, have a close enough relationship with the accused to exercise meaningful supervision, and understand the accused's charges and bail conditions. The surety testifies under oath at the bail hearing and is cross-examined by the Crown.
The quality of the surety is often the decisive factor in a bail hearing. A strong surety — one who is credible, financially capable, aware of the accused's issues, and willing to call the police if the accused breaches — can persuade the court to release an accused person who might otherwise be detained. Defence lawyers work closely with proposed sureties to prepare them for the bail hearing and ensure they understand their obligations.