Canada’s criminal justice system underwent significant changes in summer 2026 with the passage of Bill C-14, the Bail and Sentencing Reform Act. The legislation received Royal Assent on June 15, 2026, with its principal bail and sentencing reforms coming into force on July 15, 2026.
Bill C-14 amends the Criminal Code, Youth Criminal Justice Act and National Defence Act. Its key changes include expanded reverse-onus bail provisions, new considerations for pre-trial detention, additional aggravating factors at sentencing, new consecutive sentencing rules and restrictions on conditional sentences.
A Major Overhaul of Canada’s Bail Laws
A central component of Bill C-14 is its amendment of the rules governing judicial interim release, commonly known as bail.
Canadian bail law continues to recognize the principle of restraint, under which release at the earliest reasonable opportunity and on appropriate conditions is generally favoured where circumstances permit. Bill C-14 clarifies that restraint does not require release where detention is justified, including where detention is necessary to protect the public.
The legislation also modifies how the “ladder principle” applies. That principle generally requires consideration of less restrictive forms of release before progressing to more restrictive arrangements. Bill C-14 clarifies that it does not apply in the same manner where an accused is subject to a reverse onus.
Reverse-Onus Bail Now Applies in More Cases
Normally, the Crown bears the burden of showing why an accused should be detained. A reverse-onus provision shifts that burden, requiring the accused to show why release is justified.
Bill C-14 expands reverse-onus bail to specified cases involving violent or organized crime-related motor vehicle theft, break and enter of a dwelling house, trafficking in persons, human smuggling, extortion involving violence and assaults or sexual assaults involving choking, suffocation or strangulation.
A reverse onus can also apply to certain serious violent charges where the accused has at least two relevant prior convictions. The legislation also extends from five years to 10 years the lookback period for an existing reverse-onus provision involving serious violent offences committed with a weapon.
Courts Must Consider Additional Factors at Bail
Bill C-14 adds new considerations to bail hearings. Courts must now specifically consider whether an alleged offence involved random or unprovoked violence. When considering detention on the tertiary ground, which addresses confidence in the administration of justice, courts must also consider the number or seriousness of outstanding charges against the accused.
The legislation also strengthens weapons-related release conditions in certain extortion and organized crime cases and requires courts to consider specified conditions for offences including auto theft, break and enter of a home and organized crime-related conduct.
Changes to Sureties
A surety may form part of a bail plan by agreeing to supervise an accused person and help ensure compliance with release conditions.
Under Bill C-14, a person convicted of a serious indictable offence during the previous ten years generally cannot act as a surety. An exception may apply where no other suitable surety is available and naming the individual would be in the interests of justice.
New Aggravating Factors at Sentencing
Bill C-14 also changes Canada’s sentencing framework. Courts must consider aggravating and mitigating circumstances when determining sentence. The new legislation adds or expands aggravating factors involving repeat violent offending, offences against first responders, offences against public transit workers, organized retail theft and offences interfering with essential infrastructure.
For repeat violent offending, the provisions address situations where an offender has a previous conviction for a violent offence within the preceding five years.
Consecutive Sentences in Certain Cases
Bill C-14 also changes when sentences may or must be served consecutively rather than concurrently. The legislation requires consecutive sentences in certain cases involving extortion and arson, as well as certain violent or organized crime-related motor vehicle theft offences combined with break and enter.
Courts must also consider consecutive sentences for certain repeat violent offenders. The Criminal Code’s principle of totality continues to apply when determining whether a combined sentence would be unduly long or harsh.
Greater Emphasis on Denunciation and Deterrence
Bill C-14 directs courts to give primary consideration to denunciation and deterrence when sentencing individuals for certain repeat or organized offences.
This applies to second or subsequent convictions involving violent motor vehicle theft, second or subsequent break and enter convictions and certain organized crime-related offences.
The amendment affects how sentencing courts weigh the various objectives listed in the Criminal Code, including rehabilitation, deterrence, denunciation and separation from society.
Conditional Sentences Restricted for Sexual Offences
A conditional sentence allows a term of imprisonment to be served in the community under court-imposed conditions when statutory requirements are met. Bill C-14 makes conditional sentence orders unavailable for sexual assault and certain sexual offences involving a person under 18.
This narrows the range of sentencing outcomes available following conviction for these offences.
Other Criminal Code Changes
Bill C-14 contains several additional amendments. The maximum punishment for contempt under section 708 of the Criminal Code has increased from a $100 fine and/or up to 90 days of imprisonment to a maximum fine of $5,000 and/or imprisonment for up to two years less a day.
The legislation also restores courts’ authority to impose driving prohibitions for manslaughter and criminal negligence causing death or bodily harm. Additional amendments address enforcement of federal fines and remote appearances in certain proceedings involving accused persons found unfit to stand trial or not criminally responsible.
Changes to the Youth Criminal Justice System
Bill C-14 also amends the Youth Criminal Justice Act. The legislation clarifies the meaning of a “violent offence” to include offences in which a young person causes bodily harm or offences involving the use or trafficking of a firearm. This definition can affect when custodial sentences are legally available.
Police may also publish identifying information about a young person without first obtaining a court order in urgent circumstances where the youth is at large and poses an immediate grave danger to the public. Other amendments address time spent unlawfully at large and youth justice records.
What Bill C-14 Means for Criminal Proceedings in Ontario
Bill C-14 affects several stages of the criminal justice process, from bail hearings to sentencing following conviction. Its expanded reverse-onus provisions are particularly relevant to people charged with certain violent, property and organized crime offences. The legislation also changes how courts approach aggravating factors, conditional sentences, consecutive sentences and sentencing objectives.
The effect of the amendments will depend on the charge, the accused person’s criminal history and the specific facts of the case.
Facing Criminal Charges in Oshawa or Durham Region? Contact Barrison & Manitius
If you have been charged with a criminal offence, the knowledgeable criminal defence lawyers at Barrison & Manitius can explain how the current Criminal Code provisions may apply to your bail hearing, criminal charges and potential sentencing consequences. Contact us online or call 905-404-1947 to discuss criminal charges, bail proceedings, release conditions and defence options in Oshawa, Durham Region, and throughout the GTA.