Find out about bail hearings

1. The crown prosecutor (“crown counsel”) tells the judge:
   • the accusations against the arrested person; and
   • if they have a criminal record. 
2. The defence lawyer will tell the judge the arrested person’s background:
   • the roots in the community (home, family, work or school, etc.); and
   • anything else that might help the judge decide.
3. The judges or justices of the peace make a decision to:
   • keep the person in jail; or
   • release the person on conditions.

The court assesses 3 things: 

• The chance the accused person will not attend court dates (called “the primary ground”).
• If the accused is:
  • likely to commit crimes if released; or
  • dangerous to the public (called “the secondary ground”).
• If releasing the accused would cause people to lose faith in the administration of justice (called “the tertiary ground”).

If a person is released, their case will be adjourned to a later court date.

Possible result of a bail hearing 

Detained 

If the accused is not released, they’ll be held in jail until their next court date. This is called “detained"  or "remanded in custody." After 30 days, the accused has the right to request a new bail hearing.

Consent remand

An accused person can:

• decline to have a bail hearing; and
• consent to stay in jail until their trial or a later date on "consent remand."

The accused has the right to ask for a bail hearing at any time if they are on consent remand. 

Released 

If an accused is released from jail at a bail hearing, they are usually given conditions they must follow.

If an accused is released at a bail hearing, they are usually given conditions they must follow. These conditions might include: 

• not having contact with the victim;
• not going to the victim’s home, work or school;
• being ordered to deposit money with the court (“post bail”);
• attending court on the scheduled date;
• meeting with a bail supervisor;
• following a curfew;
• not drinking or possessing alcohol; and/or
• being released under the responsibility of a surety who has to promise to give the court money if the accused doesn't follow the bail conditions.

If the accused doesn't follow any of the conditions, they can be charged for breaking their bail order. They may:

• be returned to jail; and
• have a new bail hearing.

Report a breach of conditions

• Phone the RCMP 867-667-5555.
• Phone Yukon Community Corrections 867-667-5231 or toll free 1-800-661-0408, extension 5231, or email adultprobation@yukon.ca.
• Contact Victim Services.

A surety:

• is a person who agrees to be responsible for the accused;
• makes sure the accused follows their bail conditions and attends court as required;
• agrees to report the accused to the police if the accused does not respect the conditions; and
• agrees to pay a sum of money to the court if the accused does not follow the bail terms.

The judge considers the surety's background before they approve them. The judge will consider the surety's:

• employment record;
• family background;
• relationship with the accused; and
• criminal record, if applicable.

Before the bail hearing, the victim can talk to the crown prosecutor or a Victim Services worker. The victim can tell them about any concerns they may have about the accused being released. This information will be provided to the judge at the bail hearing. The victim can attend the hearing if they would like.

A Victim Service worker can go with them for support and to answer questions.

Find out about victim's rights.

While in jail, the accused may have a no-contact conditions with the victims and co-accused.

If the accused person is sent to jail, they have the right to ask for a new bail hearing after 30 days. Before this period is up, the accused can apply to the Supreme Court to get a new bail hearing. This is rare and happens in special circumstances.

If the accused person consented to stay in jail without a bail hearing, they can ask for a bail hearing at any time. 

Victim Services can keep victims updated on the status of an accused person.