Bail Hearings

• Author: Gary T Trotter
• Pages: 43-56

43

CHAPTER 4

Bail Hearings

1. INTRODUCTION

As noted in Chapter 2, bail hearings are conducted every day (in-

cluding weekends and holidays) in most parts of Canada. Generally

speaking, t hey look like any other courtroom proceeding. However,

there are some features that are unique to bail hearings, and these

are discussed in th is chapter.

2. WHO CONDUCTS BAIL HEARINGS?

ere are two variables at play in the determ ination of who presides

at bail hearings. First, the criminal l aw treats adults dierently from

young persons (under 18 years of age), who are prosecuted under the

Youth Criminal Justice Act (the “ YCJA”).1

Secondly, for bail purposes, the law disting uishes between cer-

tain types of oences. is requires a short criminal procedure tutor-

ial. Unli ke our neighbours to the south, Canada does not categorize

oences as felonies and misdemeanors. In Canada, Criminal Code

oences are divided into multiple categories, for various reasons.2

For our purposes, only one distinction is sig nicant. One important

group of oences listed in the Criminal Code is called “exc lusive juris-

diction” oences. ey are among the most serious oences, and are

collected in section 469 of the Criminal Code. However, the list is not

intuitive. Murder is the most commonly charged oence listed in that

section. Others include piracy, treason, and being an accessory after

the fact to murder, and oences that you might expect to nd, for ex-

ample, attempted murder, manslaughter, and terrorism oences, are

not include d.

Because of the seriousness of these oences, they are singled out

for special procedural treatment in a number of ways. As far as bail