Are bail hearings different if I’m Indigenous?

5. Follow your bail conditions

It's important that you understand the conditions you're being asked to follow. You must follow every condition of your bail. If you are not sure what something means, you should ask your lawyer or to explain.

What the police can do

If you don't follow your bail conditions, you can be and criminally charged with “failing to comply with your ”. This is also called a “breach of bail conditions”.

The police can issue a warrant for your arrest if:

  • they have to believe you did not follow your bail conditions, or
  • your has decided they no longer want to act as surety for you.

If you're arrested for not following your bail conditions and you're arrested, you will be held in for another . At the bail , you will have to show the court why you should be released again. It's much harder to get a bail again if you get more charges while you're already out on bail.

Being found guilty of “failing to comply with your recognizance” can mean:

  • it might be more difficult for you to get bail in the future
  • the Crown will be less likely to release you on bail if you're charged with another criminal in the future, and they will probably ask that you be instead
  • you will be less likely to be allowed to use the

Section 524 application

If you're charged with a new crime or with failing to comply while out on bail, the Crown might make a “bail revocation application” under Section 524 of the Criminal Code.

If the application is approved, your original bail will be cancelled and there will be a new bail hearing. The new bail hearing will include all of your outstanding charges: the first offence, any subsequent offence, and any breach of your bail conditions. It will be more difficult for you to be released on bail.

Surety relief

Your surety can decide at any time that they don't want to continue being your surety. If your surety asks the court to be removed, your bail will be cancelled. Your surety doesn't have to give a reason but they might decide to remove themselves if they believe:

  • you didn't follow a condition of your bail, or
  • you're not going to follow a condition of your bail in the future.

If your bail is cancelled, a surety warrant will be issued for your . If a is issued for your arrest, you should:

  • contact a lawyer as soon as possible,
  • find someone else who can act as your surety and who can ideally meet the same terms as your previous surety, and
  • turn yourself in as soon as possible.
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