Bail Reform in Alberta

By Karanpal Aujla

March 20, 2025

In 2017, the Supreme Court of Canada delivered a landmark decision that would quietly but powerfully reshape bail practices across the country—including here in Alberta. The case was R. v. Antic, and at its centre was a man named Andrew Antic, arrested on firearms and drug trafficking charges in Windsor, Ontario. He had no criminal record and posed no clear risk to public safety, but he remained behind bars—not because of what he had done, but because he couldn’t afford the bail amount set by the Court.

The legal issue? The judge had jumped straight to a cash bail requirement without seriously considering less restrictive options, such as releasing Antic on his own recognizance or with a surety. The Supreme Court stepped in and issued a strong rebuke: Canada’s bail system had drifted away from its constitutional roots.

In its ruling, the Court clarified that liberty should be the starting point, not detention. The justices emphasized what’s now known as the “ladder principle”: judges must begin with the least restrictive form of release and only move up—to curfews, supervision, cash bail, or detention—if fully justified. This wasn’t a new law but a restatement of Charter rights long neglected in practice.

Since then, Alberta’s bail landscape—especially in cities like Edmonton—has been slowly shifting. The days of routinely requiring cash bail are (mostly) behind us. Defence lawyers are now pressing harder for releases with meaningful oversight but fewer financial barriers. And surety release has become more common than ever before.

But while Antic set the tone nationally, the local picture is still evolving. This post looks at how Alberta courts are applying the lessons of Antic, what’s changed in real bail hearings, and how these shifts affect people facing criminal charges today.

The Antic Decision

In R. v. Antic, the Supreme Court emphasized that release on bail should be the rule, not the exception. The Court outlined a “ladder principle” for bail decisions: judges and justices of the peace must start with the least restrictive conditions and only move up the “ladder” (to more restrictive conditions like cash bail or sureties) if absolutely necessary.

Key takeaways from Antic:

• The presumption is in favour of release without conditions.

• Monetary conditions like cash bail should be last resorts.

• The onus is on the Crown to justify more restrictive conditions.

• Judges must explicitly consider and rule out less intrusive forms of release before imposing stricter ones.

Full decision: R. v. Antic, 2017 SCC 27

What Changed in Alberta?

A Shift in Judicial Mindset

Prior to Antic, Alberta courts—especially in urban centres like Edmonton and Calgary—frequently imposed cash bail or release conditions that were out of sync with the accused’s financial and social realities. Accused persons with limited means were often detained simply because they couldn’t afford bail, not because they posed a flight risk or danger to the public.

After Antic, Alberta courts began adjusting their approach:

• Cash bail is now rare unless the accused has no viable surety and poses significant concerns.

• Surety releases—where a friend or family member agrees to supervise the accused—are increasingly common.

• Courts are documenting their reasons more carefully, ensuring compliance with the ladder principle.

Alberta guidance : Bail Hearings – Alberta Courts

The Rise of Surety Releases in Edmonton

In practice, surety releases have become the new norm in many bail hearings. A surety agrees to supervise the accused in the community and ensure compliance with court conditions. While not without barriers—finding a willing and credible surety can be challenging—this option avoids the financial burdens of cash bail and allows the accused to maintain employment, housing, and family ties.

Benefits of surety releases:

• Promotes community-based supervision.

• Respects the accused’s presumption of innocence.

• Reduces pretrial detention rates, which disproportionately affect low-income individuals and Indigenous peoples.

• Offers a less adversarial path through the early stages of the criminal process.

In Edmonton, sureties are often family members or close friends. The Court evaluates their suitability based on employment status, relationship to the accused, and willingness to report non-compliance.

Bail Challenges Still Exist

Despite these reforms, bail remains a contested battleground in Alberta’s criminal justice system.

Ongoing concerns include:

• Over-policing and over-charging: Leading to bail hearings for relatively minor offences.

• Delays in bail hearings: Particularly in rural Alberta or over weekends.

• Lack of sureties: Especially for marginalized or transient individuals.

• Restrictive conditions: Such as no-contact orders or curfews that may be unnecessary and difficult to comply with.

In some cases, Alberta courts have reverted to pre-Antic habits, imposing conditions without fully exhausting less restrictive options. The defence lawyer’s role is to hold the Court accountable to the ladder principle and ensure that clients are not unfairly detained.

Charter Rights and the Presumption of Innocence

Under section 11(e) of the Canadian Charter of Rights and Freedoms, every person has the right “not to be denied reasonable bail without just cause.” R. v. Antic reaffirms this right and reminds the courts that liberty should be curtailed only when strictly necessary.

At Cambria Law, we take that seriously. Bail hearings are not just procedural—they are often the most important first step in a criminal defence. A client who is out on bail can work, raise their children, and help build their own defence.

What This Means for You

If you or someone you love has been arrested in Edmonton, knowing how these evolving bail practices may affect your case is critical.

What we see today:

• More emphasis on community ties: Judges are asking, “Who can vouch for you?” not “How much money do you have?”

• Greater scrutiny of restrictive conditions: Defence lawyers now challenge curfews, travel bans, and no-contact orders that lack clear justification.

• Faster pathways to release: Especially when counsel is prepared with a surety and a solid release plan.

This isn’t just legal theory—it’s changing people’s lives.

Talk to Us About Your Case

At Cambria Law, we defend clients in bail hearings every week across Edmonton and Northern Alberta. We know the law. We know the judges. And most importantly, we know how to fight for your freedom—right from the start.

Whether you need urgent representation at a bail hearing, assistance preparing a surety release plan, or support with criminal charges, we’re here to help.