Reverse Onus
In a typical Canadian bail hearing, the Crown carries the burden — known as the onus — of showing cause why the accused should be detained pending trial. The Supreme Court of Canada has repeatedly affirmed that release at the earliest reasonable opportunity, on the least restrictive terms, is the default. Reverse onus reverses that arrangement. On certain enumerated offences and in certain situations, the accused must show cause why release is justified.
Bill C-48, which came into force in early 2024, expanded the reverse onus list — particularly for repeat firearm offences and certain intimate partner violence cases. The expansions reflect Parliament's response to public-safety concerns about high-profile cases. They have been subject to ongoing constitutional debate.
When reverse onus applies
Section 515(6) of the Criminal Code lists the circumstances in which reverse onus applies, including: most firearm offences and offences involving certain prohibited weapons; indictable offences allegedly committed while the accused was already released on another indictable charge; specified breaches of bail conditions or other release orders; certain offences involving criminal organizations or terrorism; certain intimate partner violence offences where the accused has a prior conviction for similar conduct; and offences under the Controlled Drugs and Substances Act punishable by life imprisonment.
What "showing cause" looks like in practice
When reverse onus applies, the accused must put forward concrete evidence to address the three statutory grounds for detention — attendance at court, public protection, and confidence in the administration of justice. That typically means proposing a strong release plan: one or more credible sureties, residence and reporting conditions, no-contact terms, abstinence and counselling commitments, and any other safeguards tailored to the case.
Why reverse onus hearings are harder
Reverse onus does not change the protection of the Charter right to reasonable bail under section 11(e), but it does change the practical dynamics. Without a strong, well-prepared release plan, the chances of release in a reverse onus hearing are significantly lower. Early preparation matters.
How Mass Tsang prepares reverse onus cases
Mass Tsang's bail hearing lawyers are available on short notice across the Greater Toronto Area to prepare and argue contested releases — including reverse onus matters. We work quickly to identify and prepare sureties, build out conditions tailored to the file, and present the case in a way that addresses the court's concerns directly. For more detail on Canada's bail framework, see our blog post on the Bail Reform Act.
Related glossary terms
