Bail Conditions in Ontario

When someone is charged with a criminal offence in Ontario, one of the first and most important legal steps that follows is the bail process. If the court grants bail, the accused is released from custody while their case proceeds—but that release almost always comes with bail conditions. These conditions are designed to ensure public safety, prevent interference with the justice process, and make sure the accused attends future court dates. Understanding how bail conditions work, what they typically include, and how they can be changed is crucial for anyone facing criminal charges in Ontario.

What Is Bail?

Bail is a legal mechanism that allows an accused person to remain in the community while awaiting trial rather than being held in custody. Under section 11(e) of the Canadian Charter of Rights and Freedoms, every individual has the right “not to be denied reasonable bail without just cause.”

When someone is arrested, they may be released directly by police or brought before a bail hearing (also known as a judicial interim release hearing). The judge or justice of the peace will decide whether to release the accused and under what terms.

The purpose of bail is not to punish but to balance the presumption of innocence with the need for public protection and judicial integrity.

Common Bail Conditions in Ontario

Bail conditions vary depending on the nature of the charges, the accused’s background, and the court’s assessment of risk. However, several conditions appear frequently across most Ontario bail orders.

Standard Conditions

• Keep the peace and be of good behaviour.

• Attend court as required.

• Notify the court or police of any change of address.

These are considered mandatory baseline conditions and apply in virtually every release order.

No-Contact Orders

In many cases—particularly involving domestic assault, harassment, or threats—the accused is prohibited from contacting the complainant or witnesses. This includes:

• Direct communication (in person, phone, text, email, social media).

• Indirect communication through third parties.

Breaching a no-contact order is a serious criminal offence that can result in immediate re-arrest and new charges.

Geographic Restrictions

An accused may be ordered to stay away from specific locations such as:

• The complainant’s residence, workplace, or school.

• Certain neighbourhoods, cities, or provinces.

These restrictions are common in domestic, stalking, or violent offence cases.

Curfews and House Arrest

Some bail orders require the accused to remain at a specific address during certain hours or at all times unless accompanied by a surety (a person responsible for supervision). These conditions are often imposed in serious cases or where the Crown has concerns about compliance.

No Weapons or Substance Conditions

Depending on the charges, an accused may be prohibited from possessing weapons, ammunition, or prohibited devices. In drug- or alcohol-related cases, conditions may also restrict the possession or consumption of intoxicating substances.

Surety Supervision

A surety is a person (often a friend or family member) who pledges to supervise the accused, ensure compliance with conditions, and pay a financial amount if the accused fails to appear in court or breaches bail. Sureties play a vital role in securing release and maintaining compliance.

Other Specific Conditions

The court can impose any condition it considers necessary to ensure public safety or court attendance, such as:

• Surrendering a passport.

• Attending counselling or treatment programs.

• Not driving a vehicle.

• Maintaining or seeking employment.

Every bail order is customized to reflect the individual’s circumstances and the allegations they face.

What Happens If You Breach Bail Conditions in Ontario?

Failing to comply with bail conditions is a separate criminal offence known as “breach of recognizance” or “fail to comply with undertaking” under section 145 of the Criminal Code.

Consequences of a breach can include:

• Immediate arrest and detention.

• Revocation of bail.

• Additional criminal charges.

• Increased difficulty obtaining bail in the future.

Even an unintentional or minor breach—such as a brief text message to someone you are not allowed to contact—can have serious repercussions. That’s why it is critical to fully understand and follow every condition imposed.

How to Change or Vary Bail Conditions

Bail conditions are not always permanent. If your circumstances change, you can apply to vary (change) your bail conditions. This process requires careful preparation and often legal assistance.

Variation with Crown Consent

If the Crown prosecutor agrees to the proposed change—such as lifting a curfew or allowing limited contact with a partner—the variation can usually be completed through a joint application filed with the court.

Bail Review

If the Crown does not consent, your lawyer can bring a bail review application before a judge of the Superior Court of Justice. This is a more formal process requiring transcripts, documentation, and legal argument to demonstrate why the conditions are unnecessary or overly restrictive.

Common reasons for bail variation include:

• The accused has demonstrated compliance over time.

• The alleged victim consents to modified contact.

• Employment or family obligations require adjustments.

• New evidence weakens the Crown’s case.

Bail reviews can be complex, and outcomes depend on the strength of the arguments and the accused’s history of compliance.

The Role of a Criminal Defence Lawyer

A skilled criminal defence lawyer is essential in both obtaining bail and managing bail conditions. They can:

• Advocate for your release at the initial bail hearing.

• Negotiate with the Crown to secure reasonable and realistic conditions.

• Explain all restrictions to ensure full compliance.

• File an application to vary or remove conditions if circumstances change.

• Defend against allegations of breach if a condition was violated.

An experienced lawyer can often prevent overly strict or unfair conditions that disrupt employment, family life, or access to children.

What Factors the Court Considers When Setting Bail Conditions

When deciding what bail conditions to impose, the court must consider three main principles known as the “primary, secondary, and tertiary grounds.”

1. Primary ground: Ensuring the accused attends court as required.

2. Secondary ground: Protecting the public and preventing reoffending or interference with justice.

3. Tertiary ground: Maintaining confidence in the administration of justice, particularly in serious cases involving violence or weapons.

The court aims to impose the least restrictive conditions necessary to address these concerns. Excessive or unnecessary restrictions can be challenged by defence counsel.

Can Bail Conditions Affect Employment or Travel?

Yes. Many bail conditions can limit your ability to work, travel, or maintain normal activities. For example:

• Curfews or geographic restrictions can interfere with work schedules.

• Passport surrender conditions may prevent travel outside Canada.

• No-contact orders can complicate co-parenting arrangements.

If your bail conditions are affecting your livelihood or family obligations, a lawyer can help request modifications or seek a court order to allow reasonable exceptions.

Why Compliance Matters

Bail conditions are legally binding, and strict adherence is essential. Demonstrating consistent compliance not only prevents new charges but also builds credibility with the court. This can help your lawyer negotiate more favourable outcomes later in your case, including reduced charges, withdrawal, or alternative sentencing options.

Contact De Boyrie Law

If you are facing criminal charges and need help understanding or changing your bail conditions, early legal advice is critical. De Boyrie Law provides experienced representation for clients across Ontario in all matters involving bail hearings, release orders, and bail variations. We work to protect your rights, secure your freedom, and help you navigate every step of the criminal process.

Contact us today to schedule a free, confidential consultation and learn how we can help.