TORONTO BAIL PROGRAM
The power of detention, while necessary, is still extraordinary. Fundamental justice requires that a fair balance be struck between the interest of the person whose liberty has been limited and the protection of society. (Sahin v. Canada (Minister of Citizenship and Immigration) (T.D.))
The Toronto Bail Program (TBP) is a non-profit, community based organization managed by a voluntary Board of Directors. Comprising Criminal and Immigration Divisions, the TBP provides professional supervision outside the prison context as an effective, more humane and constructive alternative to pre-trial detention in criminal and immigration proceedings.
The deprivation of liberty must be seen as a last resort in both criminal and immigration law. The TBP mandate is, when circumstances allow, to permit the release of accused/detainees into the community under structured and careful monitoring and reporting, taking all appropriate measures aimed at protecting the public at large while ensuring compliance with release conditions.
If you or someone you know has been detained, we may be able to assist.
Criminal
The TBP is a highly respected non governmental entity working in conjunction with the criminal law system in Ontario. As an alternative to pre-trial detention, admission to the supervisory services of the TBP allows an accused in the criminal law context the opportunity to remain out of custody and within the community pending trial and/ or sentencing. Not everyone is eligible for these services, which must be ordered by a Justice of the Peace or Judge in criminal court.
Immigration
Persons apprehended by the Canada Border Services are subject to detention reviews before the Immigration Division of the Immigration and Refugee Board. At these reviews, or, in some instances prior to the first review, a detainee may be released back into the public under TBP supervision. Orders for release of this nature are time sensitive and usually depend on compliance with release conditions, the date of removal of the person from Canada or the regularization of their immigration status in Canada.