Bail and Surety

This section provides basic steps for obtaining bail and explains terms used in the bail process.

Bail is also called “judicial interim release.”

Conditions of Bail

If bail is granted, certain rules and conditions are usually included in the bail order made by the judge. They may include:

• Reporting to a bail supervisor
• Not being allowed to leave town
• Not going to certain areas, such as the victim’s home or workplace
• Not carrying a weapon

 See Bail Supervision to learn more.

Surety

A surety is a person who agrees to be responsible for you by making sure you follow your bail conditions and attend court as required.

The surety agrees to pay a sum of money to the court if you do not follow your bail terms. A judge or justice of the peace may have to approve the surety and property or other assets the surety puts forward to back up the amount promised to the court if you do not follow your bail conditions. Examples of types of assets that can be used are money, bonds, stocks and property.

The surety’s employment record, family background and relationship with you are considered in deciding whether to approve them as a surety.

Your surety may request that the court issue an order for your arrest. This is called an application to render and will be considered if, for instance, your surety suspected you were about to leave the province, not comply with the conditions of bail, or fail to appear.