Bail Hearings in Calgary

Where will your bail hearing be?

In some criminal cases, the Calgary police may choose not to arrest a suspect at all, instead issuing an Appearance Notice that compels them to attend court on a specific date.

After an arrest and charge, however, the accused is typically transferred to the Calgary Police Service’s Arrest Processing Unit at:

The Spyhill Services Centre

12500 85 St NW, Calgary, AB T3R 1J3

Tel: 403-428-3400

Its location in the deep North West of Calgary makes getting home after being released difficult for many people.

The accused will be booked, fingerprinted, and photographed, and then either:

1. Released directly by the police on conditions (an Undertaking), or
2. Held in custody at the Calgary Remand Centre pending a bail hearing (more likely for serious offences and suspects with criminal records).

The police must provide you with the opportunity to call a lawyer in private and, if that happens, stop questioning you, under Section 10(b) of the Charter.

Bail hearings are held by teleconference before a Justice of the Peace or judge at the Calgary Courts Centre (601 5th Street SW), usually within 24 hours of arrest or detention:

• Less serious matters are heard in the Alberta Court of Justice.
• More serious indictable offences may proceed to the Court of King’s Bench, both located in the same building.

How will we work to secure your release?

Once you retain one of our experienced criminal defence lawyers, we will begin working to secure your release on bail by:

1. Calling in to the Spyhill Services Centre to speak to you.
2. Contacting the Crown Prosecutor assigned to the bail hearing to start negotiating your release (if we can’t persuade the prosecutor to let you out, we will prepare for a formal bail hearing).
3. Securing a copy of the police information package that details the allegations against you, allowing us to make meaningful representations to the Court about why you should be released on bail.
4. Representing you at an in-person or video-link bail hearing to secure your release.

What happens at your bail hearing?

Bail hearings are highly case-specific, with many exceptions and nuances, and a rapidly changing legal landscape.

If you have already contacted a criminal defence lawyer, your lawyer will handle the hearing from start to finish, managing the court processes and communicating with loved ones.

If you have not yet spoken with a criminal defence lawyer, doing so immediately will increase your chances of being released for the period before your criminal trial or case resolution.

Temporary release during bail makes building your defence easier.

After hearing submissions from our lawyer and the Crown Prosecutor, the judge will decide whether to:

1. Release you on bail (with conditions) until your case is resolved.
2. Detain you at the Calgary Remand Centre until your next court date.

What factors do judges consider when deciding whether to release you?

At the bail hearing, the judge will consider the following factors:

• Is detention necessary to secure your attendance in court?
• Is detention necessary to protect the public from a substantial risk of re-offence?
• Is detention necessary in all circumstances to maintain confidence in the administration of justice?

(Source: Section 515(10) of the Criminal Code of Canada)

What are your chances of being released on bail?

Bail outcomes depend on many case-specific factors, such as:

• Whether the accused has a criminal record.
• The strength of the Crown’s case.
• The accused’s ties to the community.
• The specific release plan.
• Whether a reverse onus provision applies (see below).

Your Strategic Criminal Defence lawyer will assess your chances of securing bail. Here are a few typical bail hearing outcomes for different types of criminal cases:

NOTE: These are general tendencies only, not predictions for any specific case. Every bail decision depends on the individual facts. A lawyer can provide a more realistic assessment of your own situation.

What is ‘reverse onus’ and does it apply to your case?

In most bail hearings, the Crown must show the court why you should be detained, not the other way around. This reflects:

• The presumption of innocence
• Your Charter right not to be denied reasonable bail without just cause.

For certain offences, however, section 515(6) of the Criminal Code flips this burden: you must convince the court that your release is justified.

The ‘reverse onus’ requirement has been expanded under the federal Bail and Sentencing Reform Act, which came into effect in July, 2026. This makes securing bail considerably more difficult if you’re charged with:

• An indictable offence allegedly committed while already released on bail, parole, or another court order for a separate charge.
• Certain firearms offences, such as possession of a prohibited or restricted firearm with ammunition.
• A serious violent offence involving a weapon, and you have a prior conviction within the past 5 years for a similar serious violent offence involving a weapon.
• A domestic violence offence, and you have a prior conviction or discharge for a similar offence against an intimate partner.
• An offence involving choking, suffocation, or strangulation.
• Certain offences related to organized crime, terrorism, or drug trafficking.
• Murder or another offence that falls under the most serious category in the Criminal Code, which carries its own distinct bail process.

In such cases, we need to build a release plan strong enough to overcome the presumption that you should remain in detention. This will include a clear explanation of why detention isn’t necessary in your specific circumstances. The following are generally also required:

• A suitable surety.
• Stable housing.
• Treatment or counselling arrangements.

Beyond the ‘reverse onus’, Bill C-14 also tightens bail more broadly, including:

• Directing police to consider detaining an accused for a bail hearing where necessary to protect victims, witnesses, or the public.
• Requiring courts to weigh whether an offence involved random or unprovoked violence.

Your Strategic Criminal Defence lawyer will assess the strength of your case for release before your bail hearing and build a strategy around it.

What bail conditions can you expect?

Even if you are released on bail, tight restrictions or ‘bail conditions’ may apply.

Our lawyers not only work for your release but also make submissions to the judge for the least restrictive set of bail conditions, including the minimum cash deposit.

What are the typical bail conditions?

Bail conditions are tailored to the offence. A judge will usually consider:

• Your criminal history.
• Your physical and mental condition.
• The nature of the offence.
• The likelihood that you will flee.
• Your history of drug/alcohol usage.
• Whether you have stable employment.
• Whether you have stable living arrangements.
• Whether you have ties to the community.

Here’s a summary of what you can expect for various types of offences:

NOTE: Actual conditions are tailored to the specific case and the court’s assessment of risk. Not all conditions apply to every release, and additional conditions may be added depending on the circumstances.

What happens after your release on bail?

After release, you must abide by your bail conditions or you risk:

• Re-arrest by the police.
• Return to detention until your trial.
• Forfeiture of any cash paid for your release.
• An additional criminal charge for an Administration of Justice offence, under Section 145 of the Criminal Code

Your lawyer will explain how to avoid these risks and what to do during your release on bail.

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Get experienced help with your bail hearing

Our Calgary criminal defence lawyers have conducted countless bail hearings in front of justices of the peace, provincial court judges, and the Court of King’s Bench of Alberta over the past two decades.