Since July 15, 2026, more people charged with a crime in Ontario have to prove why they should be released on bail, instead of the Crown having to prove why they should stay in custody. The change comes from Bill C-14, the Bail and Sentencing Reform Act , which received royal assent on June 15, 2026. It added new charges to the "reverse onus" list in section 515(6) of the Criminal Code and raised what the accused has to show at those hearings: a release plan that clearly addresses the risks the court is concerned about. The rules apply in every province, including at bail courts across Toronto and the GTA.
In most bail hearings, the Crown carries the burden. It has to show why detention is justified on one of the three grounds in section 515(10) : to make sure the accused attends court, to protect the public, or to maintain confidence in the administration of justice. For a list of more serious situations, section 515(6) flips that burden. The accused must "show cause" why detention is not justified. This is called a reverse onus.
Bill C-14 changed reverse onus hearings in two ways. First, it added charges to the list. Second, it changed the test itself. The accused now has to show cause "by clearly demonstrating that their proposed release plan addresses the risks posed by the accused as they relate to the grounds referred to in subsection (10)." In practice, that puts the release plan (where the person will live, who will supervise them, and what conditions they will follow) at the centre of the hearing.
Under the amended section 515(6), the accused must now justify their release if they are charged with any of the following indictable offences:
The Act also widened an existing category. A person charged with a violent offence involving a weapon now faces a reverse onus if they were convicted of another violent weapons offence within ten years, where each offence carries a maximum of ten years or more (section 515(6)(b.2)).
The Act answers this directly. Section 58(2) of the Bail and Sentencing Reform Act states that its amendments to the bail part of the Criminal Code (Part XVI) apply to any matter or proceeding under that Part that was ongoing on the day they came into force. That means a bail hearing or bail review held after July 15, 2026 is decided under the new rules, even if the charge was laid earlier. How the change affects a person already released depends on their case, and that is a question for their lawyer.
With the burden on the accused, preparation before the first bail appearance matters more than it did. A release plan should answer three questions for the court: where the accused will live, who will supervise them, and which conditions will manage the specific risks raised by the charge. A bail hearing lawyer can build that plan with the family, check whether a proposed surety is eligible under the new ten-year rule, and decide what evidence to put before the justice. If you want to understand the steps of the hearing itself, see what happens at a bail hearing in Ontario .
The bail hearing comes at the very start of a case, and under the new rules the accused may have to make the case for release. Mass Tsang LLP has practised criminal, quasi-criminal and traffic defence exclusively since 2013. We can review the charge, tell you whether a reverse onus applies, and help prepare a release plan and sureties for the hearing. Contact us for a free, confidential consultation.
It is a bail hearing where the accused, not the Crown, must show why detention is not justified. Section 515(6) of the Criminal Code lists the charges and situations that trigger it. Since July 15, 2026, the accused must also clearly demonstrate that their release plan addresses the risks the court considers.
Bill C-14 received royal assent on June 15, 2026. Its bail and most sentencing changes came into force on July 15, 2026, the 30th day after royal assent. Two sections take effect on a date to be set by the federal government.
No. A reverse onus changes who has to make the case, not the result. A person facing a reverse onus can still be released if they show that detention is not justified, and a carefully prepared release plan is central to that.
It depends on the record. A person convicted of an indictable offence within ten years before the release order generally cannot be named as a surety. The court can make an exception only if no other suitable surety is available and it is in the interests of justice, and it must give reasons.
Yes. Since July 15, 2026, an assault, aggravated assault or sexual assault charge in which the accused is alleged to have choked, suffocated or strangled the complainant triggers a reverse onus at the bail hearing.
For bail, yes. The Act states that its changes to the bail part of the Criminal Code apply to matters already under way on the day they took effect, so hearings held after July 15, 2026 follow the new rules.
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Legally Reviewed by
Jeff Mass
| Updated: November 11, 2026
