If an accused is not released by the police, he or she must be brought before a provincial court judge or a justice of the peace without unreasonable delay and in any event within 24 hours of the arrest, unless a justice is not available in that amount of time in which case the accused must be brought before a justice as soon as possible.
If the offence is one found in section 469 of the Criminal Code of Canada (murder, treason, etc.), the accused is automatically detained so that he or she can be dealt with as described below. Otherwise, the judge or justice of the peace can hear the bail hearing.
The hearing may be adjourned by the defense, the prosecutor, or the court. However, if the defense does not consent to the adjournment, the bail hearing can only be adjourned up to 3 days. If the bail hearing is adjourned, the court may order the accused not to communicate with certain individuals while he or she is detained.