What a surety promises
When the court releases someone with a surety, you sign the release order and promise to pay a set amount if the person does not follow the conditions. In most cases no money is paid at the time; the amount is a promise. Sometimes the court also requires a cash deposit.
You take on the job of a supervisor: making sure the person goes to court and follows every condition, such as a curfew, living at your home or staying away from certain people.
What a court looks at
- Your relationship with the accused and whether you can actually supervise them (living together, work hours, distance).
- Whether you understand the charges, the conditions and what you are risking.
- Your own criminal record and whether you face charges.
- Whether the money you pledge is really yours and would hurt to lose, so the promise means something.
- Courts usually question a proposed surety in the witness box at the bail hearing. Bring ID and proof of your income or assets.
If the accused breaks a condition
You are expected to call the police if the person breaks a condition. You are not charged for their breach, but the Crown can apply to forfeit the money you pledged under sections 770 and 771 of the Criminal Code. A judge decides how much, if any, you must pay, looking at what you did to supervise and report.
How to stop being a surety
- You can apply in writing to the court to be relieved under section 766. The court then orders the accused back into custody.
- You or a police officer can then bring the person to jail with that order, and the accused goes back before a justice for a new bail hearing.
- Often the accused or their lawyer finds a replacement surety first, so the person does not stay in custody.
- Talk to the accused’s lawyer before you do this. You cannot simply walk away or stop supervising while your name is on the order.
Questions people ask
What is a surety in Canadian bail?
A surety is a person who promises the court to supervise an accused released on bail and to pay a set amount if the accused does not follow the conditions of the release order.
Do I have to pay money to be a surety?
Usually not at the time of release. You promise a specific amount that can be taken if the accused breaks a condition. Sometimes the court also requires a cash deposit.
Can I stop being a surety?
Yes. Under section 766 of the Criminal Code you can apply to the court to be relieved. The accused is then taken back into custody until a new bail order, often with a new surety, is made.
Who cannot be a surety?
The court decides case by case. People facing charges, people with a serious record, or people who cannot really supervise the accused are often refused.
Sources
- Criminal Code, s. 515 (release orders)
- Criminal Code, s. 766 (surety relieved)
- Criminal Code, ss. 770–771 (forfeiture)
- Criminal Code
General information on Canadian law, not legal advice for your situation. Rules change and differ between provinces: speak to a lawyer about your case.