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Being a surety for bail in Canada: duties, risks and how to stop

A surety is a person who promises the court to supervise someone on bail and puts money on the line. Before you agree, here is what it involves.

Updated Source: Criminal Code, s. 515 (release orders)Français

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

General information on Canadian law, not legal advice for your situation. Rules change and differ between provinces: speak to a lawyer about your case.

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