Jail Not Bail Act

Summary#

This bill changes Canada’s bail rules to focus on public safety. It adds more violent crimes to “reverse‑onus” bail (the accused must show why they should be released). It limits police release after arrest for serious cases, tightens release after conviction, and adds passport rules for non‑citizens. It also requires the Minister of Justice to publish an annual report on bail in Canada.

• Replaces “restraint” with “protection and safety of the public” as the primary bail principle (Bill: s. 493.1).
• Expands reverse‑onus bail to more violent indictable offences, including firearm, sexual violence, kidnapping/trafficking, arson, robbery, and violence against peace officers or first responders (Bill: s. 515(6)(a) updates).
• Defines “major offence” and blocks police from releasing people arrested for a major offence; a justice must decide (Bill: ss. 498, 499; definition in s. 493).
• Requires detention for some repeat serious offenders and limits who can grant release to a superior court judge (Bill: ss. 515(11.1), 522).
• Lowers the risk standard from “substantial likelihood” to “reasonably foreseeable” when deciding if release risks crimes or interference with justice, and requires considering criminal history (Bill: s. 515(10)(b)).
• Requires non‑citizens and non‑permanent residents to deposit passports as a condition of release; justices must consider risk of leaving Canada (Bill: ss. 501(3.1), 515(3)(c), 515(6.2)).
• Ends release once a person is found guilty of an indictable offence unless they show cause to remain out pending sentence (Bill: ss. 518(3), 523(1)(a.1)).
• Orders an annual federal report on bail outcomes, effectiveness of conditions, and disparities (Department of Justice Act amendment).

What it means for you#

• Households and accused persons

  • If you are charged with a “major offence,” police cannot release you after arrest; you must go before a justice (Bill: ss. 498, 499; definition in s. 493).
  • If you are charged while already on release for a major offence and have a conviction for a major offence in the past 10 years, you will be detained. Only a superior court judge may grant release, and you must show cause (reverse‑onus) (Bill: ss. 515(11.1), 522).
  • Judges must give primary weight to public safety and may detain if it is reasonably foreseeable you would offend or interfere with justice. Your criminal history and any past breaches must be considered (Bill: s. 515(10)(b)).
  • If you are found guilty of an indictable offence before sentencing, your release ends unless you show cause to remain out pending sentence (Bill: ss. 518(3), 523(1)(a.1)).
  • If you seek a surety (a person who pledges to supervise you), that person cannot have an indictable conviction within the past 10 years (Bill: s. 515(2.11)).

• Non‑citizens and non‑permanent residents

  • You must deposit all passports to be released, whether by police undertaking or by a justice’s order (Bill: ss. 501(3.1), 515(6.2)).
  • The justice must consider whether you may try to leave Canada when deciding release (Bill: s. 515(3)(c)).

• Victims, witnesses, first responders, and peace officers

  • Public safety and protection, including of victims, witnesses, and minors, must guide release decisions (Bill: s. 515(10)(b)).
  • Reverse‑onus applies to offences with alleged violence against peace officers and first responders (Bill: s. 515(6)(a)(vii.7)).
  • New conditions can be used when needed for public safety (Bill: s. 501(3)).

• Police and Crown

  • You cannot release individuals arrested for major offences; they must see a justice (Bill: ss. 498, 499).
  • You must take passports from non‑citizens/non‑permanent residents when release is granted (Bill: ss. 501(3.1), 515(6.2)).
  • You must apply the new primary public‑safety principle when making release decisions (Bill: s. 493.1).

• Courts and corrections

  • Superior court judges alone may hear certain release applications for repeat major‑offence cases (Bill: s. 522).
  • More cases will proceed by show‑cause (reverse‑onus) due to the added offences (Bill: s. 515(6) updates).
  • Release ends on finding of guilt for indictable offences unless the accused shows cause (Bill: s. 523(1)(a.1)).

• Federal government

  • The Minister of Justice must table an annual report on bail outcomes, effectiveness of conditions, and disparities in access by different groups (Department of Justice Act, new reporting duty).

• Effective date

  • Data unavailable.

Expenses#

• Estimated net cost: Data unavailable.

• Key notes from the bill text:

  • The bill contains no direct appropriations or fees. Data unavailable.
  • New ongoing duty for the Department of Justice to produce an annual bail report (Department of Justice Act amendment). Data unavailable.
  • Operational impacts for police, courts, and remand facilities may arise from:
    • No police release for major offences (more justice-led hearings) (Bill: ss. 498, 499).
    • Expanded reverse‑onus list and mandatory detention rules (Bill: ss. 515(6), 515(11.1), 522).
    • Passport collection and storage for non‑citizens/non‑permanent residents (Bill: ss. 501(3.1), 515(6.2)).
  • Quantified fiscal impacts: Data unavailable.

Proponents' View#

• Centers public safety in bail decisions and aligns process with protection goals (Bill: s. 493.1; s. 515(10)(b)).
• Keeps high‑risk, violent offenders in custody by expanding reverse‑onus to serious offences, including firearms, sexual violence, kidnapping/trafficking, arson, robbery, and violence against peace officers/first responders (Bill: s. 515(6)(a) updates).
• Targets repeat violent offending on bail by mandating detention for accused who commit a major offence while on release and have a recent major‑offence conviction; adds superior‑court oversight (Bill: ss. 515(11.1), 522).
• Lowers the risk threshold to “reasonably foreseeable,” making it easier to detain when there are concrete indicators of risk and past breaches (Bill: s. 515(10)(b)).
• Reduces flight risk by requiring passport surrender for non‑citizens and weighing potential attempts to leave Canada (Bill: ss. 501(3.1), 515(3)(c), 515(6.2)).
• Improves transparency and policy learning through an annual federal report on bail outcomes, conditions, and disparities (Department of Justice Act amendment).

Opponents' View#

• Narrows access to bail and could increase the number of people held before trial because:
  • Police can no longer release those charged with major offences (Bill: ss. 498, 499).
  • More offences face reverse‑onus, and some repeat cases face mandatory detention (Bill: ss. 515(6), 515(11.1), 522).
  • Quantified impacts on remand populations and court workload: Data unavailable.
• The new “reasonably foreseeable” risk standard may lead to more preventive detention and less individualized restraint compared to the prior “substantial likelihood” test (Bill: s. 515(10)(b)).
• Limiting who can act as a surety (10‑year bar for indictable convictions) may make release harder for some accused with limited support networks, even if they pose low risk (Bill: s. 515(2.11)).
• Automatic passport deposit for non‑citizens/non‑permanent residents creates different treatment based on status and may deter reporting or cooperation by newcomers (Bill: ss. 501(3.1), 515(6.2)). Data unavailable on effects.
• Superior‑court‑only release in specified repeat cases may strain higher courts and delay hearings in smaller jurisdictions (Bill: s. 522). Data unavailable on capacity.