Bail Amount Estimator — Canada

Usually no. Unlike the US, Canadian bail rarely requires a cash deposit. Most accused are released on a recognizance where they (or a surety) promise to pay a set amount only if a bail condition is breached. A cash deposit is ordered only in limited circumstances, often where the accused has no local ties.

The ladder principle, affirmed in R. v. Antic (2017 SCC), requires courts to impose the least onerous form of release first. A court cannot jump to a more restrictive form (such as a surety or cash) without justifying why less restrictive options are inadequate. Release on an undertaking is the default starting point.

For certain offences (some firearms offences, offences committed while on bail, some domestic violence and organized crime charges), the Criminal Code shifts the onus so the accused must show why detention is not justified, rather than the Crown showing why it is. This makes release harder to obtain.

A surety is a person (often a family member) who agrees to supervise the accused in the community and pledges a sum of money that becomes payable if the accused breaches bail conditions. The surety normally does not deposit money up front. Courts assess the surety's suitability and ability to pay.