Short answer: A show cause hearing is a bail hearing. The name comes from the rule that, in most cases, the Crown must "show cause" why an accused person should be kept in custody or released only on strict conditions. In a reverse onus case the burden flips and the accused must show why release is justified.
What "show cause" means
When police arrest someone and decide not to release them from the station, the Criminal Code requires that the person be brought before a justice without unreasonable delay, and within 24 hours where a justice is available. That appearance in bail court is where the question of release is decided.
Everyone charged with an offence has a right under section 11(e) of the Charter not to be denied reasonable bail without just cause. So the starting point is release. The Crown has to justify anything more than a simple promise to attend court, which is why the hearing is called a show cause hearing.
The three grounds the court considers
Under section 515(10) of the Criminal Code, detention is justified only if it is necessary on one or more of three grounds:
- Primary ground: to make sure the accused attends court.
- Secondary ground: to protect the public, including victims and witnesses, where there is a substantial likelihood of further offences or interference with the administration of justice.
- Tertiary ground: to maintain confidence in the administration of justice, looking at the strength of the case, the seriousness of the offence, the circumstances and the potential sentence. Since July 15, 2026, the court must also consider the number and seriousness of any outstanding charges.
Reverse onus: when the accused has to show cause
Section 515(6) of the Criminal Code lists situations where the accused, not the Crown, must justify release. These have long included:
- an indictable offence allegedly committed while already on release for another indictable offence
- certain firearms and weapons offences
- trafficking, importing or production of certain drugs
- failing to comply with a release order, or failing to attend court
- organized crime and terrorism offences
- an intimate partner violence offence by a person with a prior conviction for that kind of violence
The Bail and Sentencing Reform Act, in force since July 15, 2026, added more. New reverse onus situations include violent or organized crime related auto theft, breaking and entering a home, human trafficking and smuggling, assaults and sexual assaults involving choking, suffocation or strangulation, extortion involving violence, and serious violent offences by a person with two or more prior convictions for similar offences. The lookback for prior weapons violence convictions grew from five years to 10.
In a reverse onus case the ladder principle, which asks the court to start with the least restrictive form of release, no longer applies, and the accused must clearly show that the release plan addresses the risks they pose. A reverse onus does not mean bail is refused. It means the plan must be stronger and better prepared.
What happens at the hearing
- The first appearance. Often by video from a police division or the detention centre. In Toronto, most adult bail matters for people held by police go through the Toronto Regional Bail Centre at 2201 Finch Avenue West.
- Consent or contest. Defence counsel speaks with the Crown. Many cases are resolved by a consent release with agreed conditions.
- Adjournment. If either side is not ready, the hearing can be put over, but the court cannot adjourn it for more than three clear days without the accused's consent.
- The contested hearing. The Crown reads in the allegations and any record. The defence presents the release plan, often with a surety who has filed a declaration.
- The decision. The justice releases the person with conditions or orders detention. A detention order can be reviewed in the Superior Court of Justice.
How families can help
- Find out where the person is being held and which court they will appear in.
- Identify anyone willing and able to act as a surety, and gather their contact information, address and employment details.
- Think about where the person could live and what would keep their days structured: work, school or treatment.
- Call counsel early. A prepared release plan is the single most useful thing at a show cause hearing.
Frequently asked questions
What does show cause mean in a bail hearing?
It refers to the party who has to justify the outcome. In most cases the Crown must show cause why the accused should be detained or released only on conditions. In reverse onus cases the accused must show why release is justified.
How long does a show cause hearing take?
A routine contested bail hearing in the Ontario Court of Justice is expected to take about 30 minutes and a consent release about 15 minutes, although complex hearings take longer. Waiting for the case to be called often takes longer than the hearing itself.
How many bail hearings do you get in Ontario?
There is normally one bail hearing in the Ontario Court of Justice. After that, a detention or release order can be reviewed in the Superior Court of Justice, and the court can hold a new hearing if circumstances change, for example after a breach.
What is reverse onus bail?
A situation listed in the Criminal Code where the accused must show why they should be released, instead of the Crown showing why they should be detained. The list was expanded on July 15, 2026.
Can you get bail on a reverse onus charge?
Yes. Many people facing a reverse onus are released. The release plan needs to address the court's concerns directly, often with a strong surety and specific conditions.
What happens if bail is denied at the show cause hearing?
The person stays in custody and can apply for a bail review in the Superior Court of Justice. For indictable offences, detention is also reviewed automatically after 90 days.
Talk to our team
This guide is general information, not legal advice. For advice on your situation, see our bail lawyer in Toronto page. To book a paid consultation (30 minutes, $150 plus HST, paid when you book), book online or call (647) 271-1646. The phone is answered 24 hours a day, 7 days a week, and office meetings are by appointment. Civitas Law is a team of legal professionals under the leadership of lawyer Nasibeh Mehrpouyan, serving clients in English, French, Farsi, Russian and Serbian.