What if My Bail is Denied in Canada?

March 16, 2024

Navigating the legal system can be confusing and intimidating for many people. The prospect of staying in custody longer than necessary can be frightening, so making bail and staying at home is a top priority for many people.

Naturally, this leads to many people wondering, “What if my bail is denied?” The lawyers at Passi & Patel in Brampton can help guide you through every step of a criminal case, including the bail process. Call our office today to speak to an experienced lawyer and learn more.

Bail Lawyer in Canada

What is Bail?

Bail allows a person accused of a crime to be released from custody pending their trial. Once bail is granted, an accused person can stay out of custody and access their support network, go to work, visit their friends and family and live at a location as directed by their surety. In Canada, reasonable bail is a fundamental principle enshrined in the Charter of Rights and Freedoms.

Reasons a Judge May Deny Bail

However, judges can deny bail to a detained person for various reasons. If the judge has any reason to believe that the accused will not abide by their bail conditions, they can deny bail. Some common reasons judges deny bail include if the accused person is:

  • Prior convictions for similar offences
  • Flight risk 
  • Serious threat to public safety
  • Prior history of failing to comply with court orders
  • Lack of ties to the community
  • Weak sureties 

If a judge has denied your bail, you may have remedies you can explore. A professional criminal lawyer can be an invaluable resource throughout that process.

Next Steps if a Judge Denies Bail

After a denial, you may feel frustrated and frightened; however, you do have options after a judge denies your bail.

Consult With Your Lawyer

An important element of your recourse after rejected bail is to consult with your legal team. The bail process is complicated, especially if you try to navigate it alone. Your defence lawyer can provide insight into their recommendations for actions to take after bail denial. 

Review and Prepare

Next, be sure to review exactly why the justice of the peace denied your bail. Gather any relevant evidence and work to create a new plan that will address those concerns with your legal team.


Your reassessment should include exactly how you plan to address any concerns. This may look like stronger security measures and assurances that you will appear in court at your appointed date.

Seek Legal Options

Depending on your jurisdiction, you may be able to appeal the bail decision or ask for a review based on new material. An experienced lawyer can help you learn about your different options and provide guidance about which next steps may be appropriate given your circumstances. 

Reach Out Today

What to do if a judge refuses your bail depends on why the judge denied your bail in the first place and how you can address those concerns.

If you’re asking, “What if my bail is denied?” reach out to the team at Passi & Patel at 905-459-0004 to learn more about your options and to receive support through every step of your criminal court case. Our compassionate and experienced lawyers are here to help.