Often, the burden is on the crown counsel to show cause as to why an accused person should not be released on bail. In certain circumstances, the onus is switched (reverse onus) and the accused must show why they should not be detained pending trial. At the bail stage, the Crown prosecutor will advise the court as to the ground(s) he or she is seeking the detention of the accused person on. The three grounds are enumerated in the Criminal Code including Primary Ground, Secondary Ground, & Tertiary Ground: The Crown counsel can seek detention on one of or a combination of the above grounds. The primary ground seeks to detain an accused person on the grounds that they are a flight risk. This can be due to their lack of ties to the jurisdiction, financial resources, or criminal record involving breaches of failure to attend court. The secondary ground seeks to detain an accused person in custody on the basis that there is a substantial likelihood they will commit another criminal offence if bail were granted. The Supreme Court of Canada has outlined three things that must be established at bail hearings:
The tertiary ground refers involves assessing:

• The apparent strength of the prosecution’s case;
• The gravity of the offence;
• The circumstances of the commission of the offence, including whether a firearm was used; and
• The fact that the accused is liable to, on conviction, a lengthy term of imprisonment.

The bail hearing lawyer will often make representations to the court as to why detention is not warranted and will call evidence from surety or experts in support of the release.