In Ontario, bail conditions can be changed through the process of a bail variation hearing. A bail variation hearing is a court proceeding where the accused person or their lawyer can apply to have the bail conditions modified or removed.
The first step in the process of a bail variation hearing is to file an application with the court. The application must be in writing and must provide reasons for why the bail conditions should be changed. The application must also be served on the Crown attorney, who will have an opportunity to respond to the request for a bail variation.
During the bail variation hearing, the accused person or their lawyer will present evidence and arguments to the court as to why the bail conditions should be changed. The Crown attorney will also present evidence and arguments as to why the bail conditions should not be changed. The court will consider the evidence and arguments presented by both sides before making a decision.
The court will take into account a number of factors when deciding whether to grant a bail variation. These factors include the nature of the offence, the accused person’s prior criminal record, the strength of the case against the accused person, and the accused person’s ties to the community. The court will also consider any concerns for public safety and whether the accused person poses a flight risk.
It is important to note that a bail variation hearing is not a guaranteed right and the courts have discretion in granting or denying a bail variation application. The burden of proof is on the accused person or their lawyer to show that the bail conditions should be changed, and that the proposed changes are necessary and reasonable.
There are different types of bail variations, some examples are:
- Removing a condition that the accused person shall not communicate with a specific person or group of people
- Modifying a condition of a curfew
- Changing a condition that the accused person shall reside in a specific location
- Removing the condition that the accused person shall not possess a firearm.
It is important to note that bail variations are not automatic and that the court will consider the safety of the public and the risk of flight of the accused.
In summary, bail conditions can be changed in Ontario through the process of a bail variation hearing. An application for a bail variation must be made in writing and served on the Crown attorney. The court will consider the evidence and arguments presented by both sides before making a decision. The court will take into account a number of factors when deciding whether to grant a bail variation, including the nature of the offense, the accused person’s prior criminal record, the strength of the case against the accused person, and the accused person’s ties to the community. The burden of proof is on the accused person or their lawyer to show that the bail conditions should be changed, and that the proposed changes are necessary and reasonable.
If you or someone you know has been charged with Assault, contact De Boyrie Law today for a free consultation at this link. If your matter is immediate please contact us at (416) 727-1389. De Boyrie Law serves Toronto, Vaughan, and the Greater Toronto Area.
Stacey is a student at De Boyrie Law. She is currently studying to complete the BAR and is expected to join our firm once she has completed studies.
