Why can the judge keep me in custody before my trial?
Short answer
In Canada, section 515(10) of the Criminal Code sets out three grounds for detention before trial: to ensure that you attend court, to protect the safety of the public, or to maintain public confidence in the administration of justice. Normally, it is up to the prosecution to show that detention is justified.
In detail
The principle is release. Detention before trial is the exception, and it has to rest on one of the three grounds set out in section 515(10):
- Primary ground — detention is necessary to ensure that you attend court;
- Secondary ground — it is necessary for the protection or safety of the public, in particular because of a risk that an offence would be committed;
- Tertiary ground — it is necessary so as not to undermine public confidence in the administration of justice, having regard in particular to the strength of the case, the seriousness of the offence and the potential sentence.
The burden rests in principle on the prosecution, which has to put forward grounds justifying detention. In certain situations set out in the law, that burden is reversed and it is the accused person who has to show why their release is justified.
Section 11(e) of the Charter also protects the right “not to be denied reasonable bail without just cause”.
What to document
Gather what documents your stability: proof of address, proof of employment or studies, the contact details of someone willing to act as a surety, any medical or therapeutic follow-up under way. Note the date of the bail hearing and the decision that was made.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- Criminal Code, s. 515 — Justice Laws Website
- Canadian Charter of Rights and Freedoms, s. 11(e) — Justice Laws Website
Related questions
- What happens if I breach my conditions?
- Can I have my release conditions changed?
- What happens if I do not show up for my court date?
- What is a section 810 peace bond and does it give you a criminal record?
- What is the difference between probation and a section 810 peace bond?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.