Bail and Sentencing Reform Act

This bill makes significant changes to how bail and sentencing work in Canada's criminal justice system. On bail, it tightens the rules around release: police and judges must now impose only conditions truly needed to address the risk an accused poses, while still considering safety of victims and witnesses. People convicted of an indictable offence within the past ten years generally cannot act as a surety for someone else's bail. Judges must consider whether an accused used random, unprovoked violence when deciding on release, and must impose weapons bans (and consider other conditions) for people charged with extortion, organized crime offences, car theft, or home break-ins. The bill also expands "reverse onus" situations — meaning the accused, not the Crown, must prove they should be released — for offences like violent car theft, home invasions, choking/strangling a partner, repeat violent crimes, and certain human trafficking offences. It also broadens when bail can be revoked if someone breaches conditions or is charged with a new offence, and allows appeal courts to review more of these decisions.

On sentencing, the bill adds new aggravating factors judges must weigh, including repeat violent offending, crimes against first responders or transit workers, theft intended for resale, and property crimes that disrupt essential infrastructure. It requires some sentences (for repeat car theft, break-and-enter, extortion, and arson offences) to be served consecutively rather than concurrently, and directs courts to prioritize punishment and deterrence for repeat car theft, break-ins, and organized crime offences. It restricts the use of conditional (house-arrest style) sentences for sexual assault and sexual offences against minors, restores the ability to prohibit driving after certain deadly driving offences, increases the penalty for contempt of court, and strengthens fine-collection tools. It also expands when people can appear remotely in mental-disorder court proceedings.

The bill amends the Youth Criminal Justice Act to broaden the definition of "violent offence," stop unlawful-at-large time from counting toward a young offender's sentence, let police publicly identify a young person in urgent public-safety emergencies, and clarify rules for youth records and detention reviews. It amends the National Defence Act to make similar sentencing changes for military courts, including new aggravating factors and a higher contempt penalty. Finally, it requires the Justice Minister to publish an annual report on the state of bail in Canada, and includes technical/transitional provisions and coordination with other pending legislation.

This bill amends the Criminal Code, the Youth Criminal Justice Act, and the National Defence Act to change how bail, sentencing, and youth justice decisions are made, including new reverse-onus provisions, mandatory conditions, aggravating factors, and consecutive sentence rules.

• Reverse onus in bail hearings — accused persons charged with specified offences (violent motor vehicle theft, extortion involving violence, home invasion break-ins, repeat violent offences, choking/strangulation offences, and others) must themselves show why detention is not justified, rather than the Crown proving detention is warranted.
• Mandatory and discretionary conditions on release — justices must impose firearm/weapon prohibitions for certain charges (extortion, criminal organization offences) and must consider additional conditions (geographic restrictions, curfews, possession of break-in tools) for others (motor vehicle theft, break-and-enter); the specific conditions imposed in each case are left to judicial discretion.
• Surety restrictions — a person convicted of an indictable offence within the past ten years cannot normally be named as a surety for someone else's release, unless a judge is satisfied no other suitable surety exists and it serves the interests of justice, with written reasons required.
• New aggravating factors and consecutive sentences — courts must treat repeat violent offending, offences against first responders or transit employees, retail theft, and property mischief as aggravating; sentences for certain repeat offences (motor vehicle theft, break-and-enter, extortion, arson) must be served consecutively rather than concurrently, with no stated cap on cumulative length.
• Restrictions on conditional sentences — conditional (community-served) sentences are no longer available for sexual assault offences or sexual offences involving victims under 18, removing that sentencing option entirely for those cases.
• Youth justice changes — police officers may publish identifying information about a young person without a court order in situations they judge to involve imminent public danger, for up to 24 hours before a court order is required; time spent unlawfully at large no longer counts toward a youth custody sentence.
• Reporting and review — the Minister of Justice must table an annual report on bail outcomes in Parliament, and a parliamentary committee must review the Act's provisions after five years; the report is tabled but not subject to a vote, and no sunset clause ends any of the provisions.
• Increased penalty for contempt of court — the fine ceiling is set at $5,000 and imprisonment at up to two years less a day, applicable under both the Criminal Code and the National Defence Act.