Bail Hearings After Bill C-14

By Hans John Kalina and Sweta Tejpal

A bail hearing decides whether an accused person will be released while the case continues or detained in custody. It is not a trial and does not determine guilt. This guide covers bail hearings, release plans and the responsibilities of sureties.

The Bail and Sentencing Reform Act (Bill C-14) received Royal Assent on June 15, 2026. Its bail and sentencing changes came into force on July 15, 2026. The Parliament of Canada bill record and Department of Justice announcement confirm these dates. The reforms do not eliminate the constitutional right to reasonable bail, but they change the rules in specified cases.

What the court considers

The court considers the proposed release plan, the allegations and the accused’s circumstances. The three grounds for detention concern attendance in court, public or victim safety, and confidence in the administration of justice. The Department of Justice explanation of the bail process describes these grounds and the role of police and courts.

Relevant considerations can include the apparent strength of the case, the seriousness and circumstances of the alleged offence, the possible sentence, the number or gravity of outstanding charges arising from separate events, and whether alleged violence was random and unprovoked. These are not a substitute for examining the precise statutory test.

Restraint, the release ladder and reverse onus

A surety is not required in every case. The release ladder ordinarily requires consideration of a less onerous adequate form of release before a more restrictive one. Detention may nevertheless be justified, and restraint does not guarantee release.

The general rule places the burden on the Crown to justify detention. In specified reverse-onus cases, the accused must show why detention is not justified through a release plan that addresses the relevant risks. Section 515(2.04) provides that the statutory ladder rule in subsection (2.01) does not apply to an accused within subsection (6). The remaining statutory requirements must still be considered.

Which cases may attract a reverse onus?

Bill C-14 added or expanded reverse-onus rules. Examples include specified violent or organized-crime-related vehicle theft; breaking and entering a dwelling-house; human trafficking or specified immigration offences involving smuggling; assault or sexual assault involving choking, suffocation or strangulation; and extortion involving violence.

The legislation also addresses an alleged violent offence that would be the accused’s third or subsequent indictable offence involving violence, and specified weapon-related repeat offending within a ten-year period. These are precise legal categories, not a general rule that any criminal record reverses the burden. Counsel should review the charge, prosecution procedure, record and applicable provisions.

Prepare a realistic release plan

Confirm a suitable residence and any proposed supervision.
Identify the risks raised by the allegations, record, outstanding charges and any alleged breaches.
Collect accurate employment, education, treatment and community information relevant to the plan.
Review every existing order and ensure proposed conditions can actually be followed.
Confirm whether a surety is legally eligible and able to carry out the responsibilities.
Discuss immigration status and related consequences where relevant.

In certain cases the court must consider offence-specific conditions, including geographic or non-communication restrictions, curfews, restrictions on break-in instruments and weapons prohibitions. The charge and statutory criteria determine which provisions apply.

What does a surety agree to do?

A surety undertakes to supervise the accused and help ensure attendance in court and compliance with release conditions. A promised amount may be forfeited if obligations are not met. It is not a fee paid to obtain release.

A proposed surety should understand the allegations and every condition, explain how supervision will work and provide accurate information about financial resources. If a breach occurs, the surety must take the responsibilities seriously, including reporting it to police. A surety cannot simply change an order or informally stop supervising.

If a surety can no longer continue, obtain advice and follow the court process to withdraw. This may result in the accused returning to custody or an arrest warrant. Legal Aid Ontario’s surety guidance explains these responsibilities.

Who is eligible to act as a surety?

Under section 515(2.11), a person convicted of an indictable offence within the ten years before the release order generally cannot be named as a surety. The exception requires the court to be satisfied that no other suitable surety is available and that appointing that person is in the interests of justice. The court must record its reasons. Whether a conviction falls within the rule requires legal assessment.

After release

Attend court and obey every condition until the order is lawfully changed or ends. Informal permission from another person does not override a court order. An alleged breach can result in further charges and affect release. If a condition cannot be followed or circumstances change, seek legal advice promptly about a formal variation.

Sources and related reading

Speak with counsel

For advice about a bail hearing, release plan or surety obligations, contact the Law Office of Kalina & Tejpal or call 416-900-6999.

This article provides general information only and is not legal advice. The application of bail law depends on the charge, record, statutory criteria and individual circumstances.