Ontario bail law changes 2026 affect how courts consider release, reverse-onus cases, proposed sureties and the risks identified in a bail plan. The federal Bail and Sentencing Reform Act came into force on July 15, 2026, creating important changes for accused people and the family members who may be asked to supervise them.
The new rules do not mean that every accused person will be detained. They do, however, increase the importance of preparing a realistic release plan before the bail hearing begins.
What Changed Under the New Bail Rules?
The new legislation changes several parts of the Criminal Code that govern release and detention. Courts must continue to respect an accused person’s constitutional right to reasonable bail, but they must also consider public safety and whether detention is justified.
The amendments clarify that the principle of restraint does not automatically require release. They also provide that the usual ladder principle does not apply in the same way when an accused person faces a reverse onus.
A reverse onus occurs normally when an accused has outstanding charges and then faces new charges. It also occurs when an accused is facing certain charges. If facing a reverse onus, the burden of proof of justifying release shifts to the accused.
Under the ladder principle, courts normally begin with the least restrictive form of release and move to stricter forms only when necessary. A reverse-onus case is different because the accused must demonstrate why release is appropriate.
Anyone preparing for bail hearings in Toronto should understand whether the usual onus or a reverse onus applies before proposing a plan.
Which Charges Now Have a Reverse Onus?
As mentioned, a reverse onus means the accused must show why they should be released instead of requiring the Crown to establish why detention is necessary.
The new reverse-onus provisions apply to several categories of alleged offences, including:
- Violent or organized crime-related auto theft
- Breaking and entering into a home
- Trafficking in persons
- Human smuggling
- Assault or sexual assault involving choking, suffocation or strangulation
- Extortion involving violence
- Certain serious violent offences where the accused has two or more similar prior convictions
The legislation also expands an existing reverse onus involving violence with a weapon. A previous similar conviction within the past 10 years may now be relevant, rather than only convictions within the previous five years.
A reverse onus does not mean release is impossible. It means the defence must present a plan that directly addresses the court’s concerns and satisfy the Justice on a balance of probabilities that the accused should be released.
What Makes a Bail Plan Credible?
A credible bail plan explains where the accused will live, how they will be supervised and how each identified risk will be managed.
Depending on the allegations, the plan may address employment, school, treatment, counselling, curfews, geographic restrictions, communication restrictions, weapons prohibitions or substance use. The court may also want to know how the accused will attend future court dates and avoid contact with a complainant or witness. At The Criminal Law Team we will attend most, if not all, court appearances for our clients so they do not miss work or important appointments.
General promises are rarely enough in a contested hearing. A plan is stronger when it includes a confirmed residence, a practical supervision schedule and supporting documents. The surety or sureties must present as credible supervisors of the accused. Sometimes, when charges are more serious, electronic monitoring and/or a pledge or promise to pay a significant sum of money (if the accused violates any conditions) may be required to convince the Justice the accused should be released.
The proposed conditions should also be workable. A condition that cannot realistically be followed may increase the risk of an allegation that the accused breached bail. The firm’s guidance on release and no-contact conditions explains how these restrictions can affect communication, parenting, employment and living arrangements.
Who Can Act as a Surety Under the New Rules?
A surety is a person who agrees to supervise the accused and help ensure that the release conditions are followed.
Under the new legislation, a person who was convicted of a serious offence during the previous 10 years generally cannot act as a surety. An exception may be available when no other suitable surety exists and appointing that person would be in the interests of justice.
This does not mean that every prior criminal record automatically disqualifies a proposed surety. The nature and timing of the conviction, the person’s circumstances and their ability to supervise will all matter.
A suitable surety should understand the allegations, the proposed conditions and the responsibility involved. The surety must be prepared to contact police if the accused deliberately breaches the release order or go to a justice of the peace and asked to be removed as a surety.
What Is the Expanded Surety Declaration?
Ontario’s Expanded Surety Declaration is an optional form that provides the court with more detailed information about a proposed surety.
The Ontario Court of Justice made the declaration available province-wide beginning July 1, 2026. It is intended to help the court assess surety suitability efficiently and reduce the need for proposed sureties to give extensive oral evidence.
The declaration should normally be prepared by defence counsel, shared with the Crown and filed before the hearing. Crown consent is required when the expanded declaration is used in place of the standard Form 12 Surety Declaration.
The form does not guarantee that a proposed surety will be approved or that the accused will be released. It gives the court a clearer and more organized account of the surety’s background, relationship with the accused and supervision plan.
What Should Families Do After an Arrest?
Families should contact defence counsel immediately and begin gathering accurate information. The first hours after an arrest can determine whether the police release the accused from the station or hold them for a bail hearing. At The Criminal Law Team, we also provide information to the accused to help them avoid incriminating themselves.
Possible sureties should be identified early. They may need government identification, proof of address, employment details and information about everyone living in the proposed residence.
The accused should also avoid discussing the allegations on recorded jail calls or contacting a complainant directly or indirectly. Even a peaceful message can create a new allegation when a no-contact condition applies.
The firm’s explanation of what to expect after an arrest provides additional information about release, disclosure and the first court appearance.
How a Criminal Defence Lawyer Can Help
A criminal defence lawyer can determine which bail rules apply, identify weaknesses in the Crown’s detention position and prepare the accused and proposed surety for the hearing. Exploring any weaknesses in the case against the accused is crucial to the determination of bail. At The Criminal Law Team, with over 40 years of experience, we are particularly attuned to the legal and factual issues that may impact the strength of the crown’s case.
Preparation may involve interviewing the surety, collecting documents, arranging treatment or counselling, negotiating with the Crown and presenting conditions that respond to the actual risks without being unnecessarily restrictive.
This is particularly important in cases involving violence, firearms or other weapons charges in Ontario, where a reverse onus or strict release conditions may apply.
If you or a family member is being held for bail, contact The Criminal Law Team as soon as possible. Early preparation can make a significant difference to the release plan presented in court.
Frequently Asked Questions
Did Canada’s bail laws change in July 2026?
Yes. The Bail and Sentencing Reform Act came into force on July 15, 2026. It created new reverse-onus provisions, changed how certain bail principles apply and introduced additional rules affecting release plans and sureties.
Does a reverse onus mean I will be denied bail?
No. A reverse onus means the accused must demonstrate why release is justified and why the proposed plan will manage the identified risks. A detailed plan supported by a suitable surety, stable residence and appropriate safeguards can still support release.
Can someone with a criminal record be a Surety?
Possibly. A criminal record does not automatically disqualify every proposed surety, but a serious conviction within the previous 10 years may prevent the person from acting unless a limited exception applies. Defence counsel should review the person’s record before proposing them.
Does a Surety have to pay money upfront?
Usually, a surety promises to pay a specified amount if the accused breaches the release order and the court orders forfeiture. A cash deposit is not required in every case, although the form of release depends on the circumstances.
Is the Expanded Surety Declaration mandatory?
No. The Ontario Expanded Surety Declaration is optional. Crown consent is required to use it instead of the standard Form 12 declaration, and the court can still require additional evidence from the proposed surety.
