After the police arrest a suspect, this accused person will go to provincial court and appear before a judge within 24 hours. The judge will determine if the accused will be released on bail until the next court date or if the accused will be kept in custody (remanded). The judge’s decision is based on many factors: Does the accused present a risk to the community while awaiting trial? If released, will the accused return to court on the appointed day?

What is bail?

To be out on bail means that the accused remains in the community and is not in custody until the time of the next required court appearance. The accused is required to appear in court in person and not just be represented by a lawyer.

If the judge decides that the accused can be released, conditions for the release will be imposed. An amount of money may be requested (bail) to guarantee that the accused will return to court on the appointed date. The accused will forfeit this money if he or she fails to appear in court. 

The judge may specify other conditions while the accused is out on bail. He or she may have to observe a nightly curfew, hand over his or her passport, avoid premises serving alcohol, avoid certain people connected with the case, not possess firearms or report in periodically to the police. 

What is remand?

If the judge decides that the accused cannot be released and does not grant bail, the accused will be returned to custody (remanded) until the preliminary hearing or trial takes place.

A case may be remanded or adjourned to a future time for many reasons: providing counsel (a lawyer) for either side or providing the time and opportunity to obtain additional information relevant to the case.

Mennonite Central Committee Canada. (2011). Getting through the maze: A guidebook for survivors of homicide.