Acting as a Surety in Ontario: What You Are Agreeing To

A surety is a person who takes responsibility for an accused released on bail. You undertake to supervise them, to make sure they attend court and obey their conditions, and to pledge an amount of money that the court can order forfeited if they do not.

A surety is not a bail bondsman. Commercial bail bonding does not exist in Canada. A surety is normally a family member, partner or close friend, and no fee may be charged for acting as one.

In most cases no money changes hands up front. You pledge an amount; you do not usually deposit it. That can make the commitment feel less real than it is.

The last point is the one people underestimate. If the release requires the accused to live with you, you are on the hook day to day, and your ability to go away, work nights or otherwise be absent is part of what the court is relying on.

The Crown can apply for forfeiture of the amount you pledged. Section 771 sets out the procedure: a judge fixes a hearing, you are given notice of not less than 10 days, and you must appear to show cause why the amount should not be forfeited.

Section 771(2) gives the judge discretion to grant or refuse the application and to make any order about forfeiture that the judge considers proper — so the full amount is not automatic, and what you did to supervise is directly relevant.

Section 771(3) is the part to understand before you sign: if forfeiture is ordered, you become a judgment debtor of the Crown for the amount ordered. That is an enforceable debt.

The bail court is deciding whether your supervision addresses the risk. Under section 515(10) detention is justified only on three grounds: ensuring attendance in court, protecting the public, and maintaining confidence in the administration of justice.

A good surety proposal is one that answers whichever of those grounds the Crown is relying on. That usually means being able to explain your relationship to the accused, where they will live, what supervision you can realistically provide, whether you have a criminal record, and where the pledged amount comes from.

Expect to be questioned under oath by the Crown. Answer honestly, including about anything difficult — a surety who is caught out on a detail does more harm than no surety at all.

Yes. You are not locked in permanently. A surety who no longer wishes to be responsible can apply to be relieved of the obligation, and doing so properly through the court protects you from later forfeiture.

What you must not do is simply stop supervising, or decide privately that the conditions no longer matter. Your obligation continues until the court relieves you of it.

If the accused breaches and you do nothing, that is precisely the situation in which a forfeiture application is likely to succeed.

It is worth being clear-eyed. Sureties keep people out of custody, and for many accused a suitable surety is the difference between release and months on remand. It is a significant thing to do for someone.

It is also a real obligation with a real financial exposure, and it lasts until the case ends — which can be a year or more. Pledge only an amount you could actually pay, and agree only if you can genuinely provide the supervision you are promising.

If you are unsure, get advice before the bail hearing rather than after you have been sworn in. See our bail hearings page for how the application itself is prepared.