The federal Liberal government has introduced sweeping new legislation to tighten bail conditions and impose tougher penalties on repeat and violent offenders, saying the changes are needed to restore public trust in Canada’s justice system.
Justice Minister Sean Fraser tabled the bill in the House of Commons on Thursday, outlining reforms that would make it harder for people accused of crimes such as vehicle theft, extortion, and breaking and entering to be released on bail. The proposed legislation would impose a “reverse onus” in many cases — shifting the burden of proof to the accused to show why they should be granted bail, rather than requiring prosecutors to argue against their release. The Criminal Code already includes reverse onus provisions for the most serious crimes, including murder.
“We are going to change the criminal law to ensure that the bail system is not viewed as some get-out-of-jail-free card,” Fraser said during a press conference in Ottawa. “When risks to the public cannot be managed, offenders will be detained.”
The new bill would also require judges to impose automatic weapons bans for those charged with extortion or organized crime-related offences, and to take into account the number and seriousness of outstanding charges before granting bail. Repeat offenders, Fraser said, represent a small share of the population but account for a disproportionate number of crimes. “This is eroding public trust in the justice system, and this new law will make it easier for courts to order the most high-volume offenders to be detained,” he added.
The legislation would allow consecutive sentences for certain crimes, such as arson, vehicle theft, break and enter, and extortion, meaning offenders would serve one sentence after another rather than concurrently. Officials stressed that the Supreme Court’s ban on consecutive life sentences would not be affected, since none of the listed offences carry that penalty.
Conservative Leader Pierre Poilievre said the government’s approach does not go far enough and called for the complete removal of the “principle of restraint” that encourages judges to release offenders under the least restrictive conditions possible. “If you are a rampant offender and you’re newly arrested, it should be presumed that you’re automatically staying behind bars until either acquitted or your sentence is complete,” Poilievre said. Fraser responded that the principle of restraint would be “clarified,” but would not apply in reverse onus cases.
The bill would also introduce new aggravating factors for crimes involving repeat violence, offences against first responders, and property-related crimes such as retail theft and mischief. It includes stricter limits on conditional sentences and house arrest for sexual assault and sex crimes involving minors.
Changes to the Youth Criminal Justice Act would permit police to publicly identify minors when there is an imminent threat to public safety, a power currently available only through court orders. The definition of “violent offence” would also be expanded to include any crime in which a young person causes bodily harm.
Defence lawyer Lawrence Greenspon warned that the new rules could face constitutional challenges under the Charter of Rights and Freedoms. “This is a political response that’s not going to survive constitutional challenge,” he said, arguing that there is limited evidence that bail recipients are committing more violent crimes.
The Canadian Association of Chiefs of Police endorsed the proposed legislation, saying it addresses long-standing calls for stricter bail and tougher penalties for organized crime and violent repeat offenders. Provincial premiers have also pressed Ottawa for reforms in response to spikes in vehicle thefts, extortion, and gang activity.
Fraser acknowledged that the reforms could lead to more people being held in pre-trial detention, at a time when many provincial jails are already overcrowded. He said the provinces that demanded tougher bail laws “fully understand” their responsibility to expand capacity and resources for prosecutors, judges, and police.
A Charter statement is being prepared to assess the bill’s constitutionality. Fraser said Gladue considerations for Indigenous offenders will remain intact, ensuring courts continue to account for systemic factors such as racism and poverty.
“This legislation is about protecting Canadians and ensuring our justice system works for everyone,” Fraser said. “Public safety must come first.”