Sureties in Ontario Bail Cases

A surety is a person who agrees, under a court order, to supervise someone released on bail and promises to pay a set amount of money to the court if that person does not follow the release order. The surety is often described as the court's "jailer in the community": the court releases the accused partly because it trusts the surety to keep them on track.

A surety does not usually hand over money at the hearing. Instead, the surety pledges an amount that can be taken (forfeited) later if the accused breaches the order and the court finds the surety did not do enough. In some cases the court can also require a cash deposit. Ontario's rule requiring pledges to be deposited in cash, which started on August 17, 2026, was suspended by the Superior Court of Justice on August 31, 2026 pending a constitutional ruling, so pledges are again made without paying money up front.

There is no fixed checklist in the Criminal Code, but courts look for a person who can actually supervise. In practice, a proposed surety is usually:

• An adult who understands the charges and the conditions
• Someone with a stable residence and enough contact with the accused to supervise
• A person with assets or income that make the pledge meaningful to them
• Someone without a criminal record or outstanding charges that would undermine their reliability
• A Canadian citizen or permanent resident in most cases

Since July 15, 2026, the Criminal Code also restricts who can act. A person convicted of a serious offence within the previous 10 years generally cannot be a surety, unless no other suitable surety is available and the court finds that accepting them is in the interests of justice.

A surety cannot be paid or compensated by the accused for acting as a surety. Accepting payment, or indemnifying the surety, is itself a criminal offence.

The Criminal Code allows a surety to provide a signed declaration with their information, their relationship to the accused and the amount they are pledging. Under the Ontario Court of Justice practice direction in effect since June 1, 2026, defence counsel should prepare the declaration, share it with the Crown and file it before the hearing. Where a sworn declaration is filed, examination of the surety in court is not expected, although the Crown can ask to cross-examine on specific issues.

Our team meets proposed sureties before court, explains the duties in plain language and helps them complete the declaration accurately. A surety who understands the plan is far more persuasive than one who is learning it in the witness box.

• Make sure the accused attends every court date
• Supervise the accused so they follow every condition, such as curfew, residence and no-contact terms
• Call the police or the court if the accused breaches a condition and the surety cannot stop it
• Keep their own contact information current with the court
• Stay available for the length of the case, which can be many months

Courts expect active supervision, not a name on a form. A surety who knows about a breach and does nothing is at real risk of losing part or all of the pledge.

If the accused breaches the release order, the Crown can apply to forfeit the surety's pledge at what is called an estreat hearing. The court looks at what the surety knew, what steps they took, their means and their good faith before deciding how much, if any, must be paid. A surety who acted diligently and reported a breach is in a much better position than one who looked the other way.

Acting as a surety does not make you criminally responsible for the accused's conduct, but it is a serious legal commitment and it should never be given lightly.

A surety who can no longer supervise, or who has lost confidence in the accused, can ask the court to be relieved of their obligations. In practice this usually leads to the accused being taken back into custody until a new release plan, often with a substitute surety, is approved. If you are considering withdrawing, get advice first, because timing and the availability of a replacement can make a large difference for everyone involved.

Book a consultation online (30 minutes, $150 plus HST, paid when you book) or call (647) 271-1646. The phone is answered 24 hours a day, so a family member can call as soon as someone is arrested.