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Facing criminal charges doesn’t mean facing them alone. Pazuki Law Group offers free, confidential consultations so you can understand exactly what you’re dealing with and what your options are—before making any decisions.
Facing criminal charges doesn’t mean facing them alone. Pazuki Law Group offers free, confidential consultations so you can understand exactly what you’re dealing with and what your options are—before making any decisions.
BY- Ali Pazuki
October 21, 2026
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When someone is arrested and held for a bail hearing, the defence lawyer will often ask the family a direct question: who can act as a surety? Saying yes means making a promise to the court that can last for months and put your own money at risk.
A surety promises the court to supervise the accused person, make sure they come to court and keep to their bail conditions, and pledges money that can be forfeited if they don’t. Before the hearing, gather your ID and financial information, and be ready to answer questions about how you will supervise the person, what you can pledge and any criminal record you have. If you are unsure about taking on the role, get your own legal advice first.
Ontario’s Ministry of the Attorney General describes a surety as the accused person’s supervisor in the community, responsible for making sure the person comes to court on time and obeys each condition of the bail order. The responsibility lasts until the case is over, which can take many months.
You also pledge an amount of money. In most cases this is a promise to pay if the person breaks the order, not money handed over at the courthouse. The Criminal Code tells the court to prefer a promise to pay over a cash deposit when the surety has assets that could reasonably be recovered (s. 515(2.02)).
A surety cannot be paid for the role. Accepting a fee, or being repaid or protected against loss by anyone, is a criminal offence (Criminal Code, s. 139(1)), so the promise has to be yours alone.
On August 17, 2026, Ontario began requiring the full pledged amount to be paid in cash within two business days of release (Bail Act, s. 8.0.1). On August 31, 2026, the Superior Court of Justice suspended that requirement until it decides a constitutional challenge to the rule. As of October 21, 2026, the suspension remains in place, so a pledge is again a promise to pay. Ask the lawyer for the current position, because the court’s decision could change it.
The justice or judge decides whether you are suitable. The court looks at your financial means, your character and background, and whether you are able to supervise the person. You may have to testify and answer questions from the Crown prosecutor and the defence lawyer.
Since July 15, 2026, a person convicted of an indictable offence in the 10 years before the release order generally cannot be named as a surety (Criminal Code, s. 515(2.11)). The court can make an exception only if no other suitable surety is available and naming that person is in the interests of justice, and it must record its reasons (s. 515(2.12)). Indictable offences are the more serious category, and many offences can be prosecuted either way, so tell the lawyer about any record before the hearing, however old it is.
Proposed sureties are usually asked about the same subjects, and the Crown prosecutor may test your answers. Thinking them through in advance helps you give clear evidence.
Answer honestly, including when the true answer is unhelpful. If you are unsure of something, say so instead of guessing.
Ask the lawyer whether you will attend in person or by video, and when you need to be available.
If you learn that the person has broken a condition of their release, you are obligated to call the police. A breach can lead to a new criminal charge for the accused person and can put your pledge at risk.
Ali Pazuki, who reviewed this article, puts it this way: “The biggest mistake a surety makes is to allow the accused to breach a term of the release.”
If the Crown applies for the money, a judge holds a forfeiture hearing. You must receive notice at least 10 days before it, and you can explain why the money should not be taken. The judge can order you to pay all, part or none of the amount (Criminal Code, s. 771).
You can withdraw before the case ends. You can bring the person to court and ask to be relieved (s. 767), or apply to the court in writing, in which case the court orders the person into custody and the police can arrest them (s. 766). If you are afraid for your safety, do not try to bring the person to court yourself. Apply in writing instead.
The person will then need a new surety or a different release plan to be released again.
The defence lawyer acts for the accused person, not for you. Ontario’s court guidance advises sureties to get independent legal advice before signing, which is worth doing if you are pledging a large amount or have doubts about supervising the person.
If you made a promise to pay, no money changes hands unless a judge later orders forfeiture. If money was deposited, it is returned when the case is over and the bail terms have been followed.
If a family member is being held for a bail hearing, Pazuki Law Group can help prepare the release plan, including the sureties. Learn more about our bail hearing lawyers, or call our 24/7 line at 647-284-2824. Our office is at 205 Main Street South, Newmarket, Ontario L3Y 3Y9, and our main line is 905-508-4878. We offer a free, confidential consultation.
This article provides general legal information for educational purposes. It is not legal advice and does not create a lawyer–client relationship. Laws and court procedures can change, and appropriate legal advice depends on the circumstances of your case.
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