WEBVTT

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Your family member has been

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arrested.

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Contact the police service

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where it happened, with their

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full name and birth date.

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Ask whether they are in

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custody, which court will deal

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with them, and how to reach

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their lawyer or duty counsel.

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This video covers adult

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criminal cases, youth cases

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have different rules.

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Privacy can limit what

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relatives are told.

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In British Columbia, provincial

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corrections can pass on a

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message but cannot disclose the

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person's location.

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Quebec's General Information

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Service also will not disclose

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location.

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Ask the lawyer about lawful

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contact.

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If you know of an urgent

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medical or safety concern, tell

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the responsible police or

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correctional staff promptly.

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Ask for a defence lawyer or the

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local legal aid duty counsel

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service.

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Give that lawyer your contact

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details and practical

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information for a release plan.

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The accused is the lawyer's

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client, paying the bill does

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not entitle you to confidential

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advice.

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The person facing charges

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should discuss the allegations

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privately with their lawyer.

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If police do not release them,

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they must be brought before a

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justice without unreasonable

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delay and within 24 hours if a

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justice is available.

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Otherwise, it must be as soon

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as possible.

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That is a first appearance

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rule, not guaranteed release.

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A bail hearing may be

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adjourned, an adjournment

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longer than three clear days

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generally requires consent from

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the person facing charges.

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The court considers attendance,

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public and victim safety, and

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confidence in the

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administration of justice.

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Some cases put the burden on

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the accused to justify release,

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including certain choking

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allegations and repeat intimate

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partner violence.

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July 2026 reforms require a

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clear plan addressing the

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risks.

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A family promise alone does not

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guarantee bail.

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Give the lawyer a genuine

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proposed address, transport to

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court, work or study details,

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and available support.

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The plan must respect every

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no-contact and stay-away order.

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Be honest about what you can

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supervise.

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A surety is not automatic, ask

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whether an appropriate release

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plan can work without one or

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without an upfront cash

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deposit.

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A surety supervises compliance

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with release conditions and

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attendance at court, with money

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at risk.

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Read the complete order before

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signing.

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Ask for independent legal

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advice.

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You can refuse if you cannot

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take on the responsibility.

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Do not accept a fee or an

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agreement to reimburse your

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surety risk.

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This is not simply buying

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someone's release.

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The court checks suitability,

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finances, your background and

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other surety commitments.

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A declaration is normally

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required.

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Since July 2026, an indictable

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conviction within the previous

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10 years normally bars you.

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The exception requires no other

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suitable surety and appointment

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in the interests of justice.

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Disclose your record and any

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outstanding charges honestly.

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If the accused breaches a

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condition, report it to police.

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Do not conceal it to protect

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them.

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Your pledged money may be at

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risk.

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Forfeiture involves notice and

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a hearing where you can explain

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your position, the judge can

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order all, part or none of the

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amount.

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Do not ignore that notice or

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assume a pledge is harmless.

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Read any order prohibiting

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direct or indirect contact.

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If the order forbids indirect

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contact, do not relay an

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apology or an invitation to

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return home.

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Do not pass messages through

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children.

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An invitation does not itself

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change the order.

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Do not pressure the complainant

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to withdraw allegations.

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Their wishes do not privately

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cancel charges.

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Ask the lawyer about any lawful

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variation.

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If you cannot continue, contact

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the court and get advice about

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formally ending or replacing

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your surety.

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Telling the accused you quit is

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not enough.

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The process can return them to

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custody, although a suitable

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replacement may be approved.

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If you feel unsafe, contact

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police instead of trying to

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bring them in yourself.

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For free general legal

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information, Legal Hotline's

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Canada number is on your screen

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now.

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Legal Hotline is not a law

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firm.

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Its information line uses AI.

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Lawyer matching is a separate

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service, subject to

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availability and acceptance.

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For advice on your own

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situation, speak with a lawyer

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in your province.

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In immediate danger, contact

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emergency services.