What are the Bail and Release Conditions for Domestic Violence Charges in Ottawa?

If an individual is charged with domestic violence in Ottawa, often the first major legal hurdle to navigate is securing bail and release from custody.

Many first-time domestic violence defendants are released after charges have been filed—but due to the nature of the allegations, a strict set of conditions is often attached to the release, including no contact with the alleged victim.

Here’s what you can expect from the bail and release conditions for a domestic assault charge in Ottawa…

What is bail?

Bail is considered a constitutional right in Canada under the Charter of Rights and Freedoms. All accused persons have the right to liberty and are presumed innocent until they are proven guilty. 

The bail process releases a person charged with a criminal offence from custody to await trial. Release on bail is not automatic and can only be decided by a judge or justice of the peace at a bail hearing. There are some circumstances where a defence lawyer can negotiate a “consent release” with the Crown which avoids a full bail hearing, but the decision is still up to the court to approve the release and conditions. 

Some individuals are denied bail if they are deemed a risk or if it would jeopardize the public’s confidence in the justice system.

With some relatively minor offences, the individual may be released by the police or bail terms may contain few or no special conditions. However, domestic violence charges are taken very seriously and defendants may only be released by agreeing to follow strict conditions if they pose a perceived risk to the public, the victim or witnesses.

If bail is awarded, the accused individual is expected to appear in court when required and pose no risk to public safety. 

What happens at the bail hearing?

If an individual accused of domestic violence is detained by the police after being charged, he/she will need to attend a bail hearing. 

The purpose of this hearing is to:

• Verify the identity of the accused
• Present all necessary evidence to the judge or justice of the peace
• Ensure the accused will appear in court for trial and not represent a risk to society

The court will decide whether bail should be granted based on the evidence and submissions of the Crown prosecutor and defendant, who may be represented by a bail lawyer. If bail is granted, the judge or justice of the peace will also order any required conditions of bail.

If the domestic violence charge involves physical violence and injury, the use of weapons or firearms, and/or the accused has a history of violence or criminal behaviour, bail may be denied and the detained individual will remain in custody until the trial.

What are the typical bail conditions for domestic violence charges?

The bail conditions imposed for domestic violence charges depend on the specific circumstances of the case and the level of risk the defendant poses to the public and/or to specific individuals. 

Canadian courts often follow the “ladder principle” to guide the level of restrictions that should apply with bail. This principle states that the greater the risk an accused poses to society or specific individuals, the more their freedom will be restricted.

The requirement to attend court as directed is common to all cases. Beyond that, those accused of domestic violence may be subject to the following types of bail conditions:

• Report to a peace officer.
• Remain within a particular territorial jurisdiction.
• Reside at a specific address, in some cases with a surety. 
• Notify any change of address and employment.
• Deposit a passport to prevent travel.
• Wear electronic monitoring equipment, such as an ankle bracelet.
• Do not possess firearms or another prohibited/restricted weapon, prohibited device, ammunition or explosive substance.
• Do not contact or communicate with any victim, witness or other person identified in the order.
• Do not go to certain locations specified in the order.
• Do not consume alcohol or drugs.

A surety is sometimes necessary as a condition of bail. This is where another individual agrees to act as the accused’s supervisor while they are released in the community. The accused may even reside at this individual’s address. Another type of surety is money, which can be deposited at the court.

Sometimes, too, “house arrest” is imposed in serious domestic violence cases. The accused must remain in their home except in limited circumstances while awaiting trial. Alternatively, curfews may be imposed and a probation officer assigned to the case to supervise the accused.

Bail conditions are mandatory and the accused must agree to adhere to them before release. Violation of the terms can result in re-arrest and a return to custody until the trial.

Can bail be denied for domestic violence charges?

Under the Criminal Code of Canada, there are three grounds upon which an accused may be denied bail:

• If there is a concern that the accused will not attend court when required (the “primary ground”).

• If there is a high likelihood that the accused will re-offend or risk harm to the public, victims or witnesses—or interfere with the administration of justice—if released from custody (the “secondary ground”).
• If release will compromise public confidence in the administration of justice (the “tertiary ground”).

When deciding in domestic violence cases, the judge or justice of the peace will consider factors like the criminal history of the accused, the strength of the prosecution’s case, the gravity of the offence, the sentencing range, and whether a firearm was used.

What are the consequences of breaching bail conditions?

If the accused breaches bail conditions, revocation of bail, re-arrest, and a return to custody until trial is possible. New charges may even be filed for the breach and it will complicate matters if the accused applies for bail in the future.

Sometimes, the accused may need to reappear in court to explain the breach and why they should not remain in custody until trial.

Contact David Anber’s Law Office Today

If you’re accused of domestic violence in Ottawa, the sooner you speak with a qualified domestic assault lawyer the better.

At David Anber’s Law Office, our lawyers have considerable experience in defending domestic violence cases. To schedule a free consultation to speak with one of our skilled domestic violence lawyers, call us toll-free at 1-888-989-3946 or contact us online.