Stricter bail laws in effect
Keeping communities safe is a top priority for the Government of Canada. By continuing to strengthen Canada’s justice system, the government is taking meaningful action to better protect victims, support law enforcement, and address repeat violent offending.
The Bail and Sentencing Reform Act is now in force, bringing into effect more than 80 targeted changes to the Criminal Code. The new measures strengthen Canada’s bail and sentencing laws, providing additional tools to address repeat and violent offenders while supporting the police, prosecutors and courts that work every day to keep communities safe.
Stricter bail laws
Bail laws are now stricter for violent and organized crime, home invasion, car theft, and human trafficking. More specifically, the changes:
- make bail harder to get for those accused of repeat and violent offending by creating new reverse onus rules in certain cases, meaning the accused must show why they should be released
- direct police to detain an accused for a bail hearing when it is necessary to protect the public, including victims and witnesses
- require courts to consider more factors at bail hearings, including whether the allegations involve violence that was random or unprovoked
- require courts to consider whether the accused has numerous or serious outstanding charges when determining whether to grant them bail
- require courts to consider weapons bans in more cases
- require courts to look more closely at an accused person’s bail plan when a reverse onus applies; and
- prohibit courts from naming anyone as a surety (someone who supervises a person who is out on bail) who was convicted of a serious criminal offence in the past 10 years, unless no other suitable surety is available
Tougher sentencing laws
People convicted of serious crimes may now spend more time in prison. More specifically, the changes:
- require consecutive sentences for violent auto theft and break and enter
- require consecutive sentences for extortion and arson
- require judges to consider consecutive sentences for repeat violent offending
The law also creates new aggravating factors for courts to consider in cases involving:
- crimes against first responders
- crimes against public transit workers
- organized retail theft
- mischief and theft that damage essential infrastructure
The law also:
- ends house arrest for certain sexual assault and child sexual offences
- restores driving bans for manslaughter and criminal negligence causing bodily harm or death
- strengthens fine enforcement
These changes are an important step, but laws alone are not enough. Their full impact will depend on implementation across the justice system. Provinces and territories are responsible for administering and resourcing key parts of that system, including policing, prosecution services, bail courts, bail supervision programs, provincial courts, jails, and victim services. The Government of Canada has acted swiftly to strengthen the law and will continue working with partners across the country to support effective implementation.
Changes to Canada’s Criminal Code were made stronger by the valuable input, expertise, close collaboration, and continued partnership of provinces, territories, law enforcement, mayors, victims’ advocates, and partners across the country who helped shape them. With these sweeping reforms now law, effective implementation across the justice system by all provincial and territorial governments will be essential.
Quote From Terry Sheehan
“People in Sault Ste. Marie—Algoma deserve to feel safe in their homes and neighbourhoods. These new measures give police, prosecutors and the courts stronger tools to respond to repeat violent offending while preserving a fair and balanced justice system. With these reforms now in force, communities across Canada will be better protected.”
- Terry Sheehan, Member of Parliament for Sault Ste. Marie–Algoma
