Area of Law: Criminal Law
Answer # 7773
Bail and Sentencing Reform Act
Region: Ontario Answer # 7773The Bail and Sentencing Reform Act, first known as “Bill C-14, An Act to amend the Criminal Code, the Youth Criminal Justice Act, and the National Defence Act (bail and sentencing)”, received Royal Assent and is in force as of July 15, 2026.
The Act, created to make reforms to strengthen community safety and Canada’s criminal justice system, introduces over 80 targeted changes to the Criminal Code, the Youth Criminal Justice Act, and the National Defence Act.
The primary focus of the new Act is:
- stricter bail laws to address violent and repeat offending, organized crime, home invasion, car theft, and human trafficking
- tougher sentencing laws for serious and violent crimes including extortions, organized crime, violent auto theft, break and enter and arson.
Stricter bail laws
There are several new bail laws. Specifically, the Act:
- makes bail harder to get for those accused of repeat and violent offending by creating new reverse onus rules in certain cases (meaning the accused must show why they should be released)
- directs police to detain an accused for a bail hearing when it is necessary to protect the public, including victims and witnesses
- requires courts to consider more factors at bail hearings, such as whether the allegations involve violence that was random or unprovoked
- requires courts to consider whether the accused has numerous or serious outstanding charges when determining whether to grant them bail
- requires courts to consider weapons bans in more cases
- requires courts to look more closely at an accused person’s bail plan when a reverse onus applies; and
- prohibits courts from naming anyone as a surety (someone who supervises a person who is out on bail) who was convicted of a serious criminal offence in the past 10 years, unless no other suitable surety is available
Tougher sentencing laws
Tougher sentencing laws under the Act mandate that people convicted of serious crimes may now spend more time in prison. Specifically:
- consecutive sentences are required for
- violent auto theft, break and enter, extortion and arson
- judges are required to consider consecutive sentences for repeat violent offending
As well, courts must now consider new aggravating factors in cases involving:
- crimes against public transit workers
- crimes against first responders
- mischief and theft that damage essential infrastructure
- organized retail theft
More changes include:
- ending house arrest for certain sexual assault and child sexual offences
- restoring driving bans for manslaughter and criminal negligence causing bodily harm or death
- strengthening fine enforcement
- protecting victims by banning house arrest (conditional sentence orders) for certain sexual assault and child sexual offenses
Changes to the Youth Criminal Justice Act (YCJA)
According to the Justice Department, changes to the Youth Criminal Justice Act “strengthen, modernize and improve the administration of the youth criminal justice system”. They include:
- Definition of Violent Offence: The definition of what is considered a “violent offence” is clarified to:
- a young person commits a crime that causes bodily harm
- a young person commits a crime involving the use or trafficking of a firearm
expanding access to non-custodial and deferred sentences for offences such as uttering threats, or other offences that did not cause bodily harm but had the potential or intent to do so. It also includes home invasions or driving offences where bodily harm is not specified as part of the offence, but bodily harm occurs when the offence is committed.
- Stricter Bail Conditions: Youth justice courts can now impose more stricter release conditions on young offenders to protect public safety and ensure compliance.
- Judicial Oversight & Release: A young offender now has right to apply for judicial interim release (bail) when their community supervision sentences or deferred sentences are being reviewed.
- Time Unlawfully at Large: The changes clarify that any time that a youth spends unlawfully at large does not count towards the custodial portion of their sentence.
- Youth Identification: Police can now publish identifying information about a youth without a court order in urgent situations when the youth is at large and there is an immediate grave danger to members of the public.
For information on other changes to existing legislation, refer to the Department of Justice website on, “Bail and Sentencing Reform Act: Legislation makes bail laws stricter and toughens sentencing laws” .
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