Author: See the original byline above.
Jurisdiction: Ontario and federal Canadian law, as applicable.
Currency: This article reflects the law and policy in effect on its original publication date. Laws, procedures and government policies can change; obtain advice about your circumstances.
Research sources: Justice Laws Website · Immigration, Refugees and Citizenship Canada · CanLII
Bail Hearings in Ontario After Bill C-14: What Accused Persons and Sureties Should Know
By Kalina & Tejpal Lawyers | Updated July 16, 2026
Bill C-14, the Bail and Sentencing Reform Act, received Royal Assent on June 15, 2026 and came into force on July 15, 2026. It made significant changes to Canadian bail law. The legislation does not eliminate the constitutional right to reasonable bail, but it makes release more difficult in specified cases and requires closer scrutiny of some accused persons, release plans and sureties.
What is a bail hearing?
A bail hearing determines whether a person charged with an offence will be released while the case continues or detained in custody. It is not a trial and does not determine guilt. The immediate questions concern attendance in court, public safety and confidence in the administration of justice.
Restraint and release after Bill C-14
The principle of restraint continues to apply where appropriate, but Bill C-14 clarifies that it does not mandate release. An accused should not be released when detention is justified, including to protect public safety.
The ladder principle ordinarily requires consideration of the least restrictive adequate form of release before moving to financial obligations or a surety. Bill C-14 clarifies that this statutory ladder principle does not apply when the accused is subject to a reverse onus. In those cases, the accused must clearly demonstrate that the proposed release plan addresses the identified risks.
The three grounds for detention
The Criminal Code continues to recognize three grounds:
• Primary ground: detention may be necessary to ensure attendance in court.
• Secondary ground: detention may be necessary for public protection or safety, including the protection of victims and witnesses.
• Tertiary ground: detention may be necessary to maintain confidence in the administration of justice.
Bill C-14 changes the tertiary-ground analysis by requiring the court to consider the number or seriousness of outstanding charges when deciding whether release would undermine public confidence. Courts must also consider whether the alleged offence involved random or unprovoked violence when making a bail decision.
Expanded reverse-onus provisions
Normally, the Crown must show why detention is justified. In a reverse-onus case, the accused must show why release is justified. Bill C-14 creates or expands reverse onuses for circumstances that include:
• Violent or organized-crime-related auto theft.
• Break and enter of a home.
• Trafficking in persons and human smuggling.
• Assault or sexual assault involving choking, suffocating or strangulation.
• Extortion involving violence.
• A serious violent offence where the accused has two or more prior convictions for similar offences.
• Certain offences involving violence or threatened violence with a weapon where a similar conviction occurred within the previous 10 years, expanded from five years.
• Post-conviction situations where the Crown seeks revocation of bail pending sentencing.
Whether a reverse onus applies depends on the precise charge, record and statutory criteria.
Release plans and offence-specific conditions
A release plan should explain the proposed residence, supervision and how each identified risk will be managed. Bill C-14 requires courts to consider particular conditions in some cases. For extortion and organized-crime allegations, examples include non-communication and geographic restrictions. For auto theft and residential break and enter, examples include geographic restrictions, curfews and prohibitions on possessing break-in instruments.
Weapons prohibitions are also expanded for people accused of extortion and organized-crime offences, unless the court concludes a prohibition is not required for public or victim safety.
Sureties after Bill C-14
A surety agrees to supervise the accused and help ensure compliance. Bill C-14 generally prevents a person convicted of a serious offence within the 10 years before the accused is granted bail from acting as a surety. An exception may apply when no other suitable surety is available and appointing that person would be in the interests of justice.
A proposed surety should understand the allegations, every condition and the duty to report a breach. Money promised or deposited is not a fee for release; it may be forfeited if legal obligations are not met.
Preparing for a bail hearing
Preparation may include:
• Confirming a suitable residence and realistic supervision.
• Identifying legally eligible sureties.
• Collecting accurate employment, education, treatment and community information.
• Addressing every risk raised by the allegations, record and outstanding charges.
• Reviewing existing orders and alleged breaches.
• Ensuring every proposed condition can actually be followed.
• Considering immigration consequences and status concerns.
What happens after release?
The accused must attend court and obey every condition until the order is formally changed or ends. Informal permission from another person does not override a court order. An alleged breach can result in a new charge and affect future release.
Kalina & Tejpal Lawyers represents clients at bail hearings in Mississauga, Brampton, Toronto and throughout the Greater Toronto Area. Call 416-900-6999 or toll-free at 1-844-268-6477.
This article provides general information only and is not legal advice. Bill C-14 contains detailed statutory tests and exceptions, and the application of the law depends on the charge, record and individual circumstances.
SPEAK WITH COUNSEL
For advice about a bail hearing, release plan or surety obligations, call 416-900-6999.
