If You or a Family Member has been Arrested

The Six Nations Indigenous Bail Program provides pre-trial bail information and bail supervision services to the court and to accused persons in order to minimize inappropriate pre-trial detention. The program is available for those that identify as Indigenous, Metis, Inuit, status or non-status.

General Information on Being Charged or Arrested

Police can charge you when they see you commit an offence or if they have reasonable belief that you have committed an offence. Although the police usually both charge and arrest you, in the case of some minor offences you may initially only be charged and not arrested. If you have been charged with a crime it’s important that you retain a lawyer as soon as possible.

Remember, police don’t necessarily need a warrant to arrest you. They have broad legal powers to arrest people without a warrant in the following circumstances:

  • If you have committed a serious offence;
  • If you are in the middle of committing a serious offence;
  • If the police believe you are about to commit a serious offence;
  • If the police believe there is a warrant out for your arrest.

Even if the offence is a minor offence, the police still have the power to arrest you without a warrant in some circumstances where you refuse to identify yourself if they believe that you might repeat the offence or destroy evidence.

What to do if You’re Being Arrested or Detained

The police are allowed to detain you if they have reasonable grounds to suspect you’ve been involved in a crime. If the police stop you, ask if you are being arrested or detained; it is your right to know. Always ask “am I free to leave?” if the police say you can go, walk away. If the police say you are not free to go, then you are being detained and they must tell you why.

The police may legally detain you where they have reasonable grounds to suspect you’ve been involved in a crime. If you’re unsure whether you’re being arrested, ask police: “Am I under arrest?” If they say that you are, ask them why. They must tell you why you are being arrested.

Your Rights upon Arrest

If the police do arrest you then they must inform you of your rights. They will take you to the police station where you will be fingerprinted and photographed. The police also have the power to search you when you are arrested. As mentioned above, you also have the right to speak to a lawyer as soon as possible. The police should provide you with a telephone and a reasonable amount of privacy in order to speak with your lawyer.

Contact Our Bail Workers toll free 1-844-444-0311

Indigenous Bail Verifications & Supervision Program

Objectives of the Program

  1. Reduce the number of accused with bail set who are held in custody awaiting trial
  2. Reduce the number of remand admissions and the days stayed in detention centers by accused persons on remand
  3. Provide verified information about an accused to the court at his/her first court appearance and/or bail hearing
  4. Offer bail supervision to the court as an alternative to traditionally imposed monetary or surety bail conditions, in the absence of an appropriate surety
  5. Interview accused in custody after bail hearings in an attempt to expedite their release by mobilizing community resources on their behalf
  6. Facilitate appropriate referrals and follow up with community agencies
  7. Assist the accused to understand the pretrial release process and comply with the terms of his/her release
  8. Ensure the accused is aware of the appeal process and to facilitate access to this process

What can you expect from the Bail Program process?

  • Interviewing: The persons are interviewed as soon as possible after arrest, often in holding cells at the courts before the bail hearing. Interviews are also conducted with persons already detained in jail on remand with bail set or on detention orders. Our services are explained and if you want our help, you’ll be advised on how the information could be used, and if possible a signed consent is obtained. Our interviewer then continues to gather information that could help facilitate bail proceedings.
  • Verifying: Bail verification involves confirmation of information given by the accused relative to the candidacy of the accused for pretrial release. Key areas for confirmation include availability of a place of residence, employment/education status, family ties, involvement with social agencies, possible sureties, etc.
  • Presenting Information to the Court: The Bail Verification & Supervision Program worker provides the court with any information he/she has been able to verify and, on the basis of this verification, may note what community options (hostel, etc.) are available to the accused, if needed. If no other form of release seems appropriate, the Bail Verification & Supervision Program worker will also state whether the Bail Program would be willing to undertake supervision of the accused as a condition of release.
  • Supervision: Where an accused person is released with a condition of supervision by the Bail Program, a bail worker meets with the client within 24 hours to set up a plan of supervision and establish regular reporting dates. Assistance may include: obtaining and maintaining suitable accommodation, developing employment/education plans, reminding the client of court and trial dates, and offering referrals to other community resources.
  • Record Keeping: Record Keeping is essential for both verification and supervision. For verification, we record the total number of verifications done each month and the disposition in court on each case. We also distinguish between verifications done before the first bail hearing and those done in the jail as follow-ups to the first bail hearing.
    For Supervision, records are kept on each client with a summary of the case when it is closed. Records are also kept on the total numbers of supervision cases who fail to appear or fail to comply with their bail order.
  • Liaising: The Program staff need to establish and maintain good communications wherever the program interacts with other elements of the justice system. Staff may often have to clarify our mandate and objectives for police and correctional officers, in addition to potentially meeting with individual Crowns, Duty Counsel and Judges.

Important Information

Canadian Charter of Rights and Freedoms gives you a number of rights upon arrest or detention. Note that the following should not be construed in any way as legal advice.
If you are arrested you should contact a lawyer immediately.

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