Being arrested is a frightening and confusing experience, but what happens immediately afterward is crucial. The first 24 hours can determine whether you go home to your family or remain in custody. This guide is designed to help you understand the bail process in Manitoba and the essential steps you need to take to protect your rights from the very start.
What is a Bail Hearing?
A bail hearing, also known as a judicial interim release hearing, is a legal proceeding where a judge or justice of the peace decides whether an accused person should be released from custody while they await trial. The Crown prosecutor’s goal is to keep you in custody, while your lawyer’s goal is to secure your release under the least restrictive conditions possible. The decision is based on a few key factors, primarily to ensure you will appear in court, to protect the public, and to maintain public confidence in the justice system.
Presumption of Innocence at the Heart of Bail
At every bail hearing, the presumption of innocence must be front and centre. You are not supposed to be punished before trial. Instead, the court is deciding whether there are specific reasons to keep you in custody despite that constitutional presumption. A strong bail plan—and a lawyer who understands how to frame your case—helps keep the focus where it belongs: on your right to be presumed innocent while your charges are resolved.
The Key Steps in Your First 24 Hours
The clock starts ticking the moment you are arrested. Under Canadian law, you must have a bail hearing within 24 hours of your arrest, or as soon as is reasonably possible. Here’s what typically happens:
- Arrest and Processing: The police will process you at the station, take your statement, and hold you in a cell.
- The Phone Call: You have the right to a phone call. Use it to contact a criminal lawyer immediately. If you cannot afford one, you can contact Legal Aid Manitoba, which has lawyers on call 24 hours a day to provide advice.
- Preparation for Bail: Your lawyer will use the time to gather information about you to present a compelling case for your release. This includes details about your ties to the community, employment, and family.
- The Bail Hearing: You will appear before a judge or justice of the peace. This is your lawyer’s chance to present a plan for your release, often with conditions or a surety.
Factors That Influence a Bail Decision
A judge’s decision is not arbitrary. Canadian bail law looks at three main “grounds” for detention:
- Primary Ground (Flight Risk): Is there a real risk that you will not show up for your future court dates if released?
- Secondary Ground (Further Offences / Public Safety): Is there a risk you will commit further offences, interfere with witnesses, or otherwise pose a danger to the public if you are out on bail?
- Tertiary Ground (Confidence in the Justice System): In very serious cases, is detention necessary to maintain public confidence in the administration of justice (for example, where the allegations and potential penalties are particularly grave)?
In some situations, bail laws now include “reverse onus” provisions—meaning the starting point is detention, and it is up to the defence to show why release is appropriate. This can arise, for example, where someone is charged while already on bail, where certain firearm or serious violence allegations are involved, or where there is a history of non-compliance.
Even in cases involving prior breaches or existing conditions, bail is still possible. A skilled bail hearings lawyer in Winnipeg can propose a strengthened plan—such as tighter supervision, treatment, or stricter conditions—to address the court’s concerns on each ground and argue that detention is not necessary.
A skilled bail hearings lawyer in Winnipeg who understands these three grounds, and the newer reverse onus rules, will shape your bail plan and submissions to deal directly with what the judge needs to hear.
Understanding Your Legal Rights
Throughout this process, you are protected by the Canadian Charter of Rights and Freedoms. You have the right to a bail hearing within 24 hours and the right to not be denied bail without just cause. A lawyer will ensure your Charter rights are not violated and that the evidence against you was obtained legally. This fundamental protection is a cornerstone of our justice system and a key reason why having an experienced legal advocate on your side is so important.
Why a Lawyer Is Your Strongest Ally
Navigating this process alone can be a significant disadvantage. The law of bail is complex, and an error at this stage can have serious consequences. A lawyer from Simmonds and Associates will:
- Provide Immediate Advice: They can offer urgent guidance during the critical hours following your arrest.
- Build a Compelling Case: They know what information a judge needs to hear and can present a strong argument for your release.
- Negotiate Terms: A lawyer can negotiate reasonable bail conditions on your behalf, such as a curfew or reporting to the police.
- Manage the Process: They will handle the legal filings and ensure your case moves forward efficiently, reducing stress on you and your family.
Whether you’re facing charges for impaired driving or a more serious offense, having an expert on your side from the very beginning is invaluable.
The Role of a Surety
In many cases, securing bail requires a surety. A surety is a person who agrees to supervise you while you are out on bail, ensuring you follow all the conditions set by the court. They act as a form of security for the court. Your lawyer will help you find a suitable surety—often a family member or close friend—and prepare them for their role, explaining their responsibilities and the risks involved. This is a critical part of a successful bail application and can make all the difference in your case.
Common Bail Conditions
If bail is granted, it is often accompanied by conditions that you must follow until your trial. These are designed to minimize risk to the public and ensure you appear in court. Common bail conditions include:
- A curfew, restricting when you can leave your home.
- Staying away from specific people or places, such as a victim’s residence.
- A ban on possessing weapons or consuming alcohol.
- Reporting to the police on a regular basis.
Your lawyer’s role is not only to get you released but also to negotiate conditions that are fair and manageable, allowing you to resume your life as normally as possible.
The Broader Context of Bail in Canada
The right to a bail hearing is enshrined in the Canadian Charter of Rights and Freedoms. This constitutional right ensures that an individual is not unnecessarily held in custody before their trial. For more on the specifics of the bail process under the Criminal Code, you can refer to the official Department of Justice Canada fact sheet.
The process for seeking bail can be complex, and it is a key reason why it’s so important to consult with a legal professional who can guide you every step of the way.
Recent amendments to Canada’s bail laws have made it more common for the Crown to argue that detention is justified, particularly in cases involving alleged repeat offending or certain categories of serious crime. Even so, the presumption of innocence and the right not to be denied reasonable bail without just cause remain at the core of the system. With careful planning and tailored conditions, people with past breaches or prior bail orders can still be released while their charges move through the courts.
A Comprehensive Approach to Criminal Defence
Navigating the legal system requires more than just getting through a single bail hearing. Our firm takes a comprehensive approach to criminal defence, drawing on many years of experience in Manitoba courts and using creative legal strategies—including Charter applications where appropriate—to challenge unlawful arrests, detentions, and searches. Whether your case involves the Youth Crime Justice Act, domestic violence, drug offences, property crimes, or more serious allegations, we work to secure your release on bail and then build a defence that protects your rights at every stage.
Your Next Step
The first 24 hours are critical, but the legal journey continues. Getting expert legal advice early is the single most important step you can take.
If you or a loved one are facing criminal charges in Winnipeg, do not hesitate. Book a consultation with the experienced criminal lawyers at Simmonds and Associates today. Our team can help you navigate the complexities of the legal system and work to protect your freedom.