What if Police Won't Release Me?

If the police do not release you, you will have a bail hearing. You should appear in front of a judge or justice of the peace within 24 hours of being taken into custody although if police do not agree to your release, your hearing will likely be adjourned and held in court before a judge instead. A bail hearing can be adjourned for up to three days at a time without your consent. You can also agree to a longer adjournment.

You may be held in a jail cell at a police station or at a correctional facility in your community. Conditions may be uncomfortable but cannot be inhumane.

If the police do not release you, you will have a bail hearing. Police have to bring you in front of a justice (either a judge or a justice of the peace) without unreasonable delay and within 24 hours of being taken into custody. If a justice is not available within 24 hours, you may be held longer and brought before a justice as soon as possible.

A justice of the peace will sometimes make the decision about whether you can be released or not and you have the right to have a lawyer present with you when you appear in front of them. However, if the police do not agree you can be released, your hearing will usually be adjourned so that you can have a bail hearing in court before a judge instead. A short adjournment is especially common if you are arrested in a small community where court is not held every day. A bail hearing can be adjourned for up to three days without your consent. You can also agree to a longer adjournment.

See What Happens at a Bail Hearing.

While waiting for your bail hearing, you will either be held in a cell at the police station or at a correctional facility (jail) in your community. You might not stay in the same location. For example, you may need to move locations to attend court. If this happens, make sure you ask about getting home after you are released.

Under the Charter of Rights and Freedoms, you have the right to something called "security of the person" and the right not to be subject to "cruel and unusual treatment". If you are placed in a cell, you should be given an adequate place to sit and to sleep and, if you are not able to keep your own clothing, you must be given clothing.  The conditions should allow you to sleep at night and of course you must be given food and water. Conditions may be uncomfortable but cannot be inhumane. If these things are not provided, you should contact a lawyer or another support service such as the John Howard Society, Elizabeth Fry Society, CLASSIC Law in Saskatoon or your First Nation, Tribal Council or other Indigenous governing body or organization.