Bail (judicial interim release)

Bail, formally called judicial interim release, is the release of an accused person from custody while their charges are pending. Canadian law starts from the presumption of innocence and the Charter guarantee of the right not to be denied reasonable bail without just cause, so release on the least onerous appropriate terms is the default, with detention the exception.

Detention can be justified only on recognized grounds: ensuring the accused's attendance in court, protecting public safety (including a risk of reoffending or interfering with witnesses), or maintaining confidence in the administration of justice. In most cases the Crown bears the onus of showing why detention or stricter terms are needed, though for certain offences and situations the onus reverses onto the accused.

Bail hearings happen quickly and outcomes shape the whole case: detained accused face pressure to resolve, and bail conditions can restrict liberty for months. Research in this area focuses on the grounds for detention, reverse-onus provisions, and bail review procedures.