Ontario's 2026 Bail Changes: What Families Need to Know

By Robb MacDonald · Updated 12 October 2026

Since 15 July 2026, the federal Bail and Sentencing Reform Act (formerly Bill C-14) has put the burden of proof on the accused for more charges, and in those cases the accused must now clearly demonstrate that the release plan addresses the risks. Most people with an indictable conviction in the past ten years can no longer act as a surety. Ontario's separate rule requiring sureties to deposit the full amount in cash has been on hold since a court injunction on 31 August.

What is Bill C-14, and when did it take effect?

Bill C-14 became the Bail and Sentencing Reform Act, S.C. 2026, c. 11. It received Royal Assent on 15 June 2026, and its bail provisions came into force 30 days later, on 15 July 2026. It amends the Criminal Code, so it applies in every province, not just Ontario.

The timing matters for cases that were already underway. Section 58(2) of the Act says the new bail rules apply to any bail proceeding that was ongoing on 15 July. A person charged in May whose bail hearing, review or variation happens now is dealt with under the new law. Nobody already on bail gets hauled back to court because of it, but the next time their bail is in front of a court, the new rules govern.

Which charges now put the burden on the accused?

In most cases the Crown still has to justify keeping someone in custody. For a list of charges in section 515(6), the burden flips and the accused has to show why detention is not justified. This is called a reverse onus. The law already covered an offence allegedly committed while on bail, many firearms offences, a breach of bail, and intimate partner violence by someone with a prior conviction for it. Since July the list also includes:

• An assault or sexual assault where the accused allegedly choked, suffocated or strangled the complainant
• Human trafficking and human smuggling
• Motor vehicle theft involving violence, or committed for a criminal organization
• Extortion involving violence
• Breaking and entering a home
• A violent indictable offence that would be the accused's third or later. There is no time limit on how far back the earlier two can be.

The existing rule for repeat weapons violence also got wider. The second offence now triggers a reverse onus if it falls within ten years of the first conviction, up from five.

What does "clearly demonstrating" mean for the release plan?

Before July, an accused in a reverse-onus case had to show cause why detention was not justified. Now they must do it "by clearly demonstrating that their proposed release plan addresses the risks posed by the accused" under each of the three grounds for detention: attending court, public safety, and public confidence in the justice system. The same wording applies to murder and the other offences that only a Superior Court judge can grant bail on.

In practice, a general promise that the person will behave is not enough. The plan has to answer each concern specifically: who will supervise, where the person will live, how a no-contact order will actually be kept, and what the surety will do if something goes wrong. The phrase is new, so how much more it demands will be worked out case by case. The safe assumption is that a plan good enough last year may not be good enough now.

Two other changes push the same way. In a reverse-onus case, the court no longer has to start from the least restrictive form of release and work up (s. 515(2.04)). And a new section 493.11 says, for greater certainty, that the principle of restraint "does not require the accused to be released."

Who can still be a surety?

This is the change families feel most directly. Under section 515(2.11), a court "shall not name a person as surety if the person was convicted of an indictable offence within ten years" before the release order, unless it is satisfied that no other suitable surety is available and that naming them is in the interests of justice. The court has to give its reasons on the record.

"Indictable" includes a hybrid offence unless the Crown chose to proceed summarily. A parent with an impaired driving conviction from six years ago may still qualify if the Crown proceeded summarily in that case. If anyone you are thinking of as a surety has a record, tell the defence lawyer at the start, with dates. It is far better to find out before the hearing than in the witness box.

What else does the court now weigh?

• Other outstanding charges. On the public confidence ground, the court can consider "the number or gravity of any outstanding charges against the accused that arise out of separate events" (s. 515(10)(c)(v)).
• Random violence. The court must consider whether "random and unprovoked violence was used or attempted" (s. 515(3)(a.1)).
• No contact while the hearing is put over. If a bail hearing is adjourned and the person stays in custody, the justice can now order no contact with named people in the meantime (s. 516.1).
• Car theft and home break-ins. For these charges the court must consider an area ban, a ban on carrying break-in tools, and a curfew (s. 515(4.4)).

The 24-hour rule for bringing someone before a justice did not change, and neither did the accused's right to a publication ban on the bail evidence. Our step-by-step guide to bail in Ontario covers how a hearing runs from arrest to release.

What happens now if bail is denied?

A detention order can still be reviewed by a Superior Court judge under section 520, but a further review cannot be brought within 30 days of the last one without the court's permission. The automatic 90-day detention review under section 525 also changed. If the judge at that review does not release the person, the result is treated as a detention order, and there is no further 90-day review unless the judge orders one.

Both changes make the first hearing count for more than it did. A review is not a second try at the same plan. It usually needs an error in the first decision or a material change, such as a new and stronger surety.

Ontario's cash deposit rule: on hold since 31 August

Separately from the federal law, Ontario's Keeping Criminals Behind Bars Act, 2026 (Bill 75) changed what happens to the money pledged on a release order. From 17 August 2026, the accused or surety had to deposit the full pledged amount in cash within two business days of release. Before that, and for more than fifty years, a pledge was a promise to pay that only came due if a court ordered it after a breach.

The Canadian Civil Liberties Association and the Criminal Lawyers' Association challenged the rule as unconstitutional. On 31 August 2026, Justice William Chalmers of the Ontario Superior Court of Justice granted an injunction suspending it until the challenge is decided. As of 12 October 2026, bail courts are back to the pledge system and no deposit is due up front. The injunction is temporary, though, and the rule could return if the province wins. Choose a pledge amount the surety could actually pay, and ask your lawyer about the current status before the hearing.

Bill 75 also requires sureties to keep their contact and identification details current, and gives the province new ways to collect forfeited bail, such as wage garnishment and liens. The injunction is aimed at the deposit requirement, not those other parts.

Did youth bail change?

Not much. Bail for a young person is still governed by the Youth Criminal Justice Act. Its test for detention did not change, and the burden of justifying detention stays on the Crown. The new conditions the Criminal Code allows can now be attached to a youth release, and police have a new power to publish a young person's identity where there is an urgent danger to the public. See our page on youth charges.

What about sentencing?

The same Act changed sentencing for offences committed on or after 15 July 2026. House arrest (a conditional sentence) is no longer available for sexual assault prosecuted by indictment or for sexual offences involving a victim under 18. Some car theft, extortion and arson combinations now require consecutive sentences. A violent offence committed within five years of a prior violent conviction is a new aggravating factor.

What families can do right now

• Call a lawyer before the first hearing, not after it. The new review limits make a lost first hearing harder to recover from.
• List every possible surety, with their work hours, where they live and any criminal record with dates.
• Work out where the accused would live, who else lives there, and how supervision would actually work day to day.
• Settle on a pledge amount the surety can genuinely afford, in case Ontario's deposit rule comes back.
• Do not discuss the facts of the case on jail calls. They are recorded and can be used as evidence.

Robb MacDonald has practised criminal defence for more than twenty years and handles bail hearings across Toronto and the GTA, including reverse-onus hearings on the most serious charges. He earned his J.D. at Queen's University in 2006, was called to the Ontario bar in 2007, and trained under Edward Greenspan QC. He is a two-time provincial advocacy champion (Arnup Cup, OTLA Cup) and is in court about five days a week. For murder and other Superior Court bail, see bail in homicide and violent crime cases.

If someone you love is waiting for a bail hearing, call (416) 315-1505 or email rm@lawintoronto.com. The office is at 130 Spadina Ave. #606, Toronto, ON M5V 2L4, and Robb answers day and night. You can also request a confidential consultation.

This article describes the law as of 12 October 2026. It is general information, not legal advice for a particular case.