I am the Victim of a Crime, Do I Get a Say About Release?

You do not get to make the decision but you can give input to the Prosecutor or the police which they may consider and may present to the judge at a bail hearing.

The decision of whether to release an accused is made by the police, Prosecutor and the judge (or justice of the peace) at a bail hearing. The Prosecutor does not "represent" the victim at a bail hearing but statements provided by a victim may have an impact on what the Prosecutor says to the judge and on the judge's decision. As a victim, you have the right to:

  • ask for and receive information about an investigation and about any court proceedings involving the accused, including information about a bail hearing
  • share your views with the police, Prosecutor or other authorities within the justice system, including whether the accused should be released
  • have you safety and security considered at a bail hearing
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Department of Justice Canada

PLEA gratefully acknowledges funding from the Department of Justice Canada for the development and printing of this resource.

Cree Nisga'a Clothing

The beautiful original artwork in this resource was created by Cree artist Linda Lavallee, owner of Cree Nisga’a Clothing.