If the accused is denied bail, he needs to hire a private lawyer to do a bail review, if he wants to be released. A bail review is much more complicated than a bail hearing because several legal documents need to be prepared. As well, bail reviews take place in Superior Court and can take several days or weeks to be heard.
Appendix 6 - Are You Going to be a
Surety?
The following information may be printed and distributed for general information to members of the public.
If you are here to sign someone’s bail Your general duties are to:
•
Make sure the accused comes to court on time, when the court says he/she must attend.•
Make sure the accused obeys all the conditions imposed by the court. These conditionsare listed on the release papers.
•
Make sure the accused does not commit any offences.•
Call the police if you know the accused did not follow or is about to break any one of the conditions of the release imposed by the court. Examples of conditions that could be imposed: curfew, boundaries, reside at specific address, report to the police station, no contact with the victim, attend treatment, attend school. The conditions imposed can only be changed by a judge or a Justice of the Peace (JP). Nobody can give ‘permission’ to the accused to vary his/her release. As well, if you do not want to be a suretyanymore, advise the JP or/and the police (and the accused).
•
Supervise the behaviour of the accused until the case is finished. To qualify as a surety, you may have to:•
Show the JP proof that you are good for the amount of the bail: bank books, saving bonds, GICs, treasury bills, RRSPs, deed or proof that you own a home (credit cards or car ownership are not acceptable).•
Not to have anything to do with the charge: the victim or the co-accused cannot sign bail for the defendant.•
Not have a criminal record.•
Be at least 21 years of age.•
Be a Canadian citizen or a landed immigrant.•
Be employed (some JPs will approve parents of youths who are on social benefits).•
Not to be an employee of the accused.Note: these qualifications are not absolute. Exceptions are at the discretion of the JP. You can also sign bail at the detention centre or jail (call first and make sure that a JP is available).
You may lose the amount of bail if you fail to perform your duties.
Appendix 7: Surety Information Form
Background
Accused Name: Date:
Surety Name: Length of time in Canada/Status:
Relationship to accused: Known how long?
Address: Phone #: Age:
House or apartment If owns house, value of it: Mortgage:
Who does surety live with? Place of employment:
Position: How long:
Income: Hours of employment:
Criminal record (surety): Outstanding charges:
Accused’s place of employment:
Position: Accused’s hours of employment:
Relationship with Accused and Complainant How often does surety see accused? Do they have good relationship? Yes No Does surety think accused will listen? Yes No Does accused have any mental health problems: drug or alcohol addictions: anger management: Is accused getting treatment for problems? Yes No Is surety aware of accused’s record and who victims where/circumstances of convictions? Yes No Is surety aware of accused’s outstanding charges and bail conditions? Yes No Does surety know the complainant? Yes No How many times have they met?
Plan of supervision:
Can accused live with surety? Yes No If not, how will surety supervise accused?
If accused resides with surety, how far is victim’s address?
Is there anyone else to assist with supervision?
Do they have criminal records? Yes No Ever acted as surety before? Yes No For whom? When?
What were the charges? How long was accused on bail?
If same accused did accused reside with surety? Yes No What were the conditions?
Were there any breaches? Yes No If so, what did surety do? (check record to see if FTC with recognizance when on bail with surety)
Is surety currently acting as a surety for someone else? Yes No Responsibilities • To make sure accused attends court If FTAs on record, what steps will surety take to ensure attendance?
• To ensure compliance with bail conditions • To call police/pull bail if breaches • How much money willing to post Is that a lot of money to surety?
Does surety understand will lose money if they don’t report breaches? Yes No Any conditions requested by surety?
Other Has surety discussed charges with accused or complainant? Yes No Was surety witness to offence?
Appendix 8 – Self-Identifying Questions
for In-Custody Legal Aid Applications
Instructions to Lawyers
Under the Legal Aid Services Act, part of our mandate to promote access to justice for low- income individuals is to identify, assess and recognize the diverse legal needs of low- income individuals and of disadvantaged communities. In order to meet this objective Legal Aid Ontario needs to identify its client groups by recognizing the number of clients seeking assistance who have self-identified a disability, language barrier, visible minority status or Aboriginal status.
Following the “1996 Census of Canada” questionnaire and the “Employment equity group membership self-identification items” used by HRDC, four self-identifying questions are now included in our application process. Through the collection of this information we hope to:
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Enhance our understanding of who are clients are;•
Determine the impact of these self-identification statuses on the delivery of legal aid services;•
Compare our information with Census Canada data to assess the degree to which legal aid applicants are representative of the population.As you complete legal aid applications at jails, prisons and youth detention centres we are asking that you now include the Self-Identifying questions in each application. Attached is a form which we ask you to complete and forward with the legal aid application to the local area office. All four questions must be asked and answered.
These questions are voluntary and do not affect a client’s eligibility for legal aid assistance. The client must self-identify answers and no one can presume an answer for a client. Clients who do not wish to answer these questions may decline to do so with no impact on their application. If, by reason of mental incapacity, it is impossible to record any answers, please indicate this on the form and include it with the application. Anyone who is concerned about the information collected through this process may contact the FIPPA Coordinator at the Legal Aid Ontario Provincial Office (1-800-668-8258).
Any questions about this process and the use of this form may be directed to your local area office.