Author: Kim Hardstaff

In Canada, the right to reasonable bail is constitutionally protected under the Charter. Obtaining a client’s release from custody affects the whole trajectory of a matter. This paper considers various factors, steps, and processes that defence counsel should keep in mind when it comes to seeking (and obtaining) bail. Topics include initial client meetings, release plans and next steps, negotiating a release, bail hearings, rules of evidence, mental health concerns, and bail reviews.

This paper is part of a collection presented at LESA’s Practice Foundations: Criminal Law program in Edmonton on October 28, 2022.