Under the Canadian Criminal Code, if you are held in custody after an arrest in Markham, the police must bring you before a justice of the peace for a bail hearing within 24 hours. Securing a lawyer quickly is vital to arrange a proper release plan.
Being arrested and placed in a holding cell is a frightening experience. If York Regional Police (YRP) arrest you in Markham and decide not to release you directly from the police station, your immediate priority shifts to getting out of jail. In Canada, the right not to be denied reasonable bail without just cause is protected by the Charter of Rights and Freedoms.
A bail hearing (formally called a “show cause hearing”) determines whether you will be released back into the community while awaiting your trial or kept behind bars. Because Markham’s criminal matters are handled at the regional courthouse in Newmarket, the logistics of your hearing require swift action. This guide explains the timeline, the costs involved, and the steps to secure bail as of May 2026.
Step-by-Step Process for Bail in Markham
When the police hold you for a bail hearing, the clock immediately starts ticking. A coordinated effort between the person in custody, their family, and a criminal defence lawyer is necessary to build a solid release plan.
Step 1: The Arrest and Holding
If arrested in Markham, you will likely be transported to York Regional Police District 5 headquarters or another nearby division for processing. While the police can release you for minor offences on an Undertaking, they will hold you if the crime is serious, if they believe you will not show up for court, or if they think you are a danger to the public.
Step 2: Contacting Legal Counsel
Upon arrival at the station, you have the right to contact a lawyer. If you do not have one, you can speak to Duty Counsel for free preliminary advice. Meanwhile, your family should urgently retain a private defence lawyer who can begin communicating with the Crown attorney to negotiate the terms of your release.
Step 3: Organizing a Surety
In many Ontario bail hearings, the Crown will demand a “surety.” A surety is a responsible adult-usually a parent, spouse, or close friend-who pledges to supervise you and ensure you follow your bail conditions. 👥 The surety must demonstrate they have no criminal record and possess enough financial assets to pledge to the court.
Step 4: The Bail Hearing
You will be transported to the Newmarket courthouse (or appear via video link) within 24 hours. The justice of the peace will listen to the allegations and review your lawyer’s proposed release plan before deciding whether to grant bail.
How Much Does it Cost in Markham?
Bail proceedings involve legal fees to prepare the hearing, and potentially financial pledges to the court. Notably, the Canadian system rarely requires upfront cash deposits unless you live out of province.
- Lawyer Fees for Bail: Most criminal lawyers charge a flat block fee for conducting a contested bail hearing, generally ranging from $1,500 to $4,000 CAD depending on complexity.
- Surety Pledges: A surety typically pledges a specific dollar amount (e.g., $2,000 to $10,000+ CAD) to the court. However, this money does not need to be paid upfront. It is only collected if you breach your bail conditions.
- Cash Bail: If you live far outside of Ontario (more than 200 km away), the court may require an actual cash deposit, which is fully returned when the case concludes, provided you attend all court dates.
| Type of Release | Financial Requirement | Who Signs the Form |
| Undertaking | No money involved. | The Accused only. |
| Recognizance without Surety | Pledge of money (no upfront deposit). | The Accused only. |
| Recognizance with Surety | Pledge of money by a supervisor. | The Accused & The Surety. |
How Long Does the Process Take?
By law, York Regional Police must bring you before a justice of the peace within 24 hours of your arrest. ⌛ However, arriving at court does not guarantee the hearing will finish that day.
If your family needs more time to gather documents, or if your lawyer needs to thoroughly prepare the surety, you may agree to be remanded into custody for an additional 2 to 3 days. It is often much better to wait a few days in custody to present a flawless release plan rather than rushing into a hearing unprepared, as getting bail denied makes it extremely difficult to secure release later.
Frequently Asked Questions (FAQ)
What happens if I am denied bail?
If the justice of the peace orders your detention, you will remain in a provincial jail (like the Central East Correctional Centre) until your trial concludes. Your lawyer can apply to the Superior Court of Justice for a Bail Review, but overturning the decision is difficult.
Can I be a surety for someone if I have a criminal record?
While not impossible, it is highly challenging. The court generally prefers sureties who have no criminal history, as their primary duty is to ensure the accused obeys the law.
What conditions can be placed on my bail?
Common conditions include a curfew, a weapons ban, an order not to contact the alleged victim (no-contact order), and a prohibition on consuming alcohol or drugs.
Can a bail condition be changed later?
Yes. Your lawyer can negotiate a “bail variation” with the Crown attorney. If both sides consent, a condition (such as a strict curfew) can be removed or altered without needing a new hearing in court.
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