Canada Tightens Bail and Sentencing Laws

Summary#

This federal bill changes bail and sentencing rules in the Criminal Code, the Youth Criminal Justice Act (YCJA), and the National Defence Act. It tightens release rules for certain violent and organized crime offences, adds new aggravating factors, and increases some penalties. It also updates youth rules on detention, record-keeping, and when police may publish a young person’s identity in urgent cases.

• Tougher bail for repeat and serious violent offences, motor vehicle theft, extortion, human trafficking/smuggling, and breaking and entering a dwelling (Criminal Code 515(6)).
• Mandatory or considered bail conditions for many charges, including weapon bans and curfews or area limits for auto theft and break-and-enter cases (Criminal Code 515(4.1), 515(4.4)).
• New aggravating factors for repeat violent crime, crimes against first responders and health workers, retail theft for resale or fraudulent return, and damage to essential infrastructure (Criminal Code 718.2; new after s. 334).
• More consecutive sentences and emphasis on deterrence for organized crime, repeat auto theft, and repeat break-and-enter (Criminal Code 333.1, 346; 718.04).
• Stricter youth rules in urgent public safety cases and clearer treatment of youth records and time unlawfully at large (YCJA 110(4.1)–(4.2), 109).
• Higher contempt penalties and stronger federal fine collection tools, including licence suspensions for unpaid federal fines (Criminal Code 708(2), 734.5(c)).

What it means for you#

• Households

  • If a person is charged with violent offences, organized crime offences, auto theft with violence, extortion with violence, breaking and entering a dwelling, human trafficking, or certain sexual assaults involving choking, they must show why they should be released (reverse onus) (Criminal Code 515(6)).
  • Judges must consider if the alleged crime involved random, unprovoked violence when deciding release (Criminal Code 515(3)(a.1)).
  • People on release who are alleged to breach conditions or commit a new offence can be arrested without a warrant and brought back for a new bail hearing; release can be cancelled (Criminal Code 495.1, 512.3, 524).

• Victims and witnesses

  • Courts must consider public safety and may order non‑communication with victims when an accused is remanded (Criminal Code 516).
  • Bail orders for many listed charges must include a weapon ban unless unsafe to do so (Criminal Code 515(4.1)).

• Workers

  • Crimes against first responders and health service providers are explicit aggravating factors at sentencing (Criminal Code 718.2(a)(iii.2) as amended).

• Businesses

  • Retail theft committed to resell goods or to make fraudulent returns is an aggravating factor at sentencing (new after Criminal Code s. 334).
  • Theft or mischief that disrupts essential infrastructure (for example, utilities) is an aggravating factor (new after Criminal Code s. 334).

• Drivers

  • Courts may again impose driving prohibitions for manslaughter and criminal negligence causing bodily harm or death (Criminal Code 320.24(4)).

• Accused persons

  • In reverse‑onus cases, you must present a release plan that addresses specific risks; courts will impose the least onerous conditions needed, but release is not automatic (Criminal Code 493.1 clarification; 515(6), 515(10)).
  • If you are found guilty but not yet sentenced, prosecutors can seek to detain you pending sentencing under a reverse onus (Criminal Code 523(2.1)).
  • Courts can hold certain pre‑charge screening hearings in camera (in private) (Criminal Code 507, 508).

• Youth and parents

  • “Violent offence” includes offences where a young person causes bodily harm (YCJA 2(1)).
  • Police may publish a young person’s identity without a court order for up to 24 hours in urgent cases to prevent serious harm or to help apprehend them; beyond 24 hours needs a court order (YCJA 110(4.1)–(4.2)).
  • Time unlawfully at large does not count toward a youth custody and supervision order (YCJA 109).
  • Limits on using warnings/cautions or certain investigation records to prove prior behaviour; clearer access periods for youth records (YCJA 9; 115(1.2); 119(2), 119(4.1)–(4.2); 124).
  • Youth bail conditions must follow the Criminal Code “least onerous” approach (YCJA 29(1) referencing Criminal Code 515(4)–(4.4)).

• Local and provincial governments

  • Provinces may share in federal fine revenues by agreement; provincial licensing bodies may refuse or suspend licences/permits until federal fines are paid (Criminal Code 734.5(c), compensation agreements after 734.5).
  • Most new bail and custody impacts are administered by provincial systems. Data on caseload or cost impacts is unavailable.

• Timing

  • Most changes take effect 30 days after Royal Assent (Coming into Force).

Expenses#

• Estimated net cost: Data unavailable.

• Key fiscal features in the bill text:

  • Deemed appropriation authority to share federal fine revenues with provinces/municipalities by agreement; no dollar amounts specified (Criminal Code, compensation agreements after 734.5).
  • New licence/permit suspension tool may increase collection of unpaid federal fines; no projections provided (Criminal Code 734.5(c)).
  • Court administration changes (e.g., more hearings, in‑camera steps, remote appearances) and potential increases in remand may affect provincial costs; no official estimates. Data unavailable.

Proponents' View#

• Public safety first: Reverse onus for repeat and listed violent offences reduces risk to victims and communities by keeping higher‑risk accused in custody unless they show a safe plan (Criminal Code 515(6), 515(10)).
• Targeted crackdowns: New bail conditions and sentencing rules focus on auto theft, break‑and‑enter, extortion, organized crime, and human trafficking, which are priority crime trends (Criminal Code 515(4.4), 333.1 consecutive sentences; 718.04).
• Protect front‑line workers and infrastructure: Aggravating factors cover offences against first responders/health workers and crimes that disrupt essential infrastructure (Criminal Code 718.2(a)(iii.2) as amended; new after s. 334).
• Clearer, safer youth measures: Limited, urgent publication of a youth’s identity can prevent serious harm and aid arrest in emergencies (YCJA 110(4.1)–(4.2)).
• Accountability and deterrence: More consecutive sentences for repeat violent and property crimes, and priority to denunciation/deterrence for repeated offending and organized crime (Criminal Code 333.1, 346; 718.04; 718.3(4)(b)(iv)).
• Better enforcement of fines: Licence/permit leverage and revenue‑sharing agreements may improve fine collection and support enforcement without new taxes (Criminal Code 734.5(c), compensation agreements after 734.5).

Opponents' View#

• Risk of more pretrial detention: Broader reverse onus and added detention factors could increase remand populations and pressure on provincial jails and courts; no capacity or cost data provided (Criminal Code 515(6), 515(10)(c)(v)). Assumes courts will detain more often.
• Discretion and proportionality concerns: Mandatory consecutive sentences and required emphasis on deterrence may limit judges’ ability to tailor sentences to individual cases (Criminal Code 333.1, 346; 718.04).
• Bail condition overreach: Expanding mandatory or suggested conditions (weapon bans, curfews, area bans, tool bans) could raise breach rates for technical non‑compliance, not new crimes (Criminal Code 515(4.1), 515(4.4)). Assumes higher breach enforcement.
• Youth privacy impacts: Allowing police to publish a youth’s identity without a court order, even briefly, may have lasting effects on rehabilitation; oversight relies on later court orders for extensions (YCJA 110(4.1)–(4.2)).
• Access and fairness in mental health cases: More remote appearances in the mental disorder regime could hinder private lawyer‑client communication or affect participants with certain conditions if technology is inadequate, despite required factors and written reasons (Criminal Code 672.5(13)–(13.04)).
• Economic effects of fine enforcement: Suspending licences or permits for unpaid federal fines may affect a person’s ability to work and repay, with unknown collection gains versus hardship risks (Criminal Code 734.5(c)). Assumes enforcement will be widely used.