Canada introduces law that makes it harder to get bail
The Canadian government is introducing sweeping reforms to toughen bail and sentencing laws.
Minister of Justice and Attorney General Sean Fraser announced the Bail and Sentencing Reform Act on Thursday. It would introduce over 80 clauses of changes to the bail and sentencing framework in the Criminal Code, based on extensive consultations.
This includes making it harder to get bail, including in cases of repeat and violent offending. The Act would create new reverse onuses, meaning the starting point is detention, and the accused would have to prove why they should be released on bail.
Minister of Justice and Attorney General Sean Fraser (@SeanFraserMP/X)
“When considering whether to grant bail, the amendments would direct police not to release an accused when it is against the public interest or when detention is needed to protect victims, or witnesses,” explained the Department of Justice in the announcement.
Courts would need to consider several factors, including whether the allegations involved random or unprovoked violence and whether the accused has any outstanding charges. They would also consider setting stricter conditions, including weapons bans.
“Changes would make clear that in reverse onus cases, courts must closely scrutinize the bail plan of the accused, who would be required to clearly demonstrate that their plan is reliable and credible, in order to be released on bail,” said the Department of Justice.
The Act would also toughen sentencing laws for repeat and violent crime, including car theft and extortion. This means those found guilty can spend more time in prison.
It would also require consecutive sentences for violent auto theft, break and enter, extortion and arson, and allow them for repeat violent offending. Consecutive sentencing means serving one sentence after another instead of serving sentences for multiple offences at the same time.
“New aggravating factors would apply to crimes against first responders, retail theft, and theft or mischief that harms essential infrastructure,” stated the Department of Justice. “The Act would also end house arrest for certain sexual assault and child sexual offences, restore driving prohibitions for criminal negligence causing bodily harm and death and manslaughter, and strengthen fine enforcement.”
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It added that these changes to the Criminal Code made by the federal government depend on provincial and territorial support. This includes properly managing and resourcing the administration of justice, including police and prosecution services under their jurisdiction, bail courts, bail supervision programs, provincial courts, jails and victim services.
According to the federal government, the national police-reported crime rate has trended upward between 2014 and 2024. Since 2014, police-reported crime rates have increased, particularly for homicide, sexual assault, extortion, child sexual offending, violent firearm offences and various other property crimes.
These reforms are a part of a series of new measures to combat crime in Canada.
“We are supporting police on the front lines, and we are investing in long-term prevention, like housing, mental health, and youth programs, so communities are safer over time,” Fraser said in a statement. “In the coming months, we will also bring forward additional measures to better protect people facing sexual and intimate partner violence, and to keep children safe from horrific crimes.”