Parents acting as sureties is one of the most common scenarios in Canadian bail proceedings, particularly when the accused is a youth or a young adult still living at home. A surety is an individual who takes responsibility for supervising an accused person released on bail, ensuring that they follow the court’s conditions and attend future court dates. For parents, this role can be both daunting and critical, as it involves significant legal responsibilities and potential financial risk. Understanding what it means to act as a surety, the expectations of the court, and the consequences of failing in this role is essential for any parent considering it.
What is a Surety?
A surety is a person who promises to the court that they will supervise an accused released on bail and ensure compliance with bail conditions. They also pledge a specific amount of money, which they risk losing if the accused fails to follow the court’s orders. The surety acts as a safeguard for the justice system, helping to balance the accused’s right to liberty with public safety.
Why Parents Often Act as Sureties
Parents are frequently called upon to act as sureties because they are often in the best position to provide stability, guidance, and supervision. Courts generally view parents as responsible and invested in the well-being of their child. When a youth or young adult is charged with an offence, the court may be more willing to grant bail if a parent is prepared to act as surety. This demonstrates to the court that the accused has a strong support system at home and a responsible adult to oversee their behaviour.
Responsibilities of Parents Acting as Sureties
When parents agree to act as sureties, they take on specific responsibilities, including:
- Supervising compliance: Parents must ensure their child follows all bail conditions, such as curfews, abstaining from drugs or alcohol, or attending school or counselling.
- Reporting breaches: Parents are legally obligated to report any violations of bail conditions to the authorities, even if it means their child may be arrested again.
- Ensuring court attendance: Parents must make sure their child appears at all scheduled court dates.
- Providing a stable residence: Courts often require that the accused live with their surety, meaning parents must provide a safe and stable home environment.
Financial Obligations of Sureties
Parents acting as sureties pledge a specific sum of money to the court. This does not mean they have to pay the money upfront, but they agree to forfeit it if the accused breaches bail conditions. The amount pledged varies depending on the seriousness of the offence and the court’s assessment of risk. Courts may also consider the financial situation of the parent when setting the amount.
Consequences of Breaching Surety Responsibilities
If a parent acting as surety fails to properly supervise their child or does not report a breach of bail conditions, the court can enforce the financial penalty. In serious cases, the parent may be held in contempt of court or barred from acting as a surety again in the future. It is important for parents to understand that their primary duty is to the court, not simply to their child. This can place parents in a difficult position, as they must be prepared to report violations even when it feels personally challenging.
How Courts Assess Parents as Sureties
Before approving a parent as a surety, the court will evaluate several factors:
- The parent’s relationship with the accused
- The parent’s financial stability and ability to pay the pledged amount if required
- The parent’s willingness and ability to supervise the accused effectively
- Whether the parent has a criminal record or any prior failures as a surety
- The living situation and whether the home environment is suitable for the accused to comply with bail conditions
Challenges Parents May Face as Sureties
Parents often find the role of surety emotionally difficult. Supervising a child accused of a crime can create stress, conflict, and strain within the family. The requirement to report breaches may feel like betraying their child, but failure to do so can result in legal consequences for the parent. Balancing parental love with legal duty is one of the most challenging aspects of acting as a surety.
Importance of Legal Advice for Parents Acting as Sureties
Before agreeing to act as a surety, parents should seek legal advice to fully understand their responsibilities and risks. A criminal defence lawyer can explain the conditions likely to be imposed, the financial implications, and the role of supervision. Lawyers can also help parents decide whether they are realistically able to meet the court’s expectations, and propose alternative release plans if necessary.
Schedule a Free Consultation with Lichtman Law
If you are a parent being asked to act as a surety for your child, it is important to fully understand your obligations before making this commitment. The decision can have serious legal and financial consequences, and you should be prepared to handle the responsibilities involved. Contact Lichtman Law today to schedule a free consultation with an experienced criminal defence lawyer who can guide you through the process and ensure you make the best decision for your family.