Reverse Onus Bail and the 2026 Changes

The short answer

Normally, the Crown must show why an accused person should stay in custody. In a reverse onus case, the burden is reversed, and you must show why you should be released. The rules are set out in s. 515(6) of the Criminal Code.

A reverse onus is not a ban on bail. Many people facing a reverse onus are still released. However, the plan carries more weight, it must be stronger, and since July 15, 2026 it must clearly address the risks you pose. See our bail hearings page for an overview.

What changed in 2026

Bill C-14, the Bail and Sentencing Reform Act, received Royal Assent on June 15, 2026, and the bail changes came into force on July 15, 2026. It changed reverse onus bail in several important ways:

• More offences: New offences were added to the reverse onus list.
• A higher standard: In a reverse onus case, you must clearly demonstrate that your plan deals with the risks you pose.
• No ladder principle: The rule that release should start with the least restrictive terms does not apply in reverse onus cases (s. 515(2.04)), although conditions must still be reasonable.
• A longer look-back: For violence involving a weapon, the look-back period for a prior conviction increased from 5 years to 10 years.
• A new surety limit: A person convicted of an indictable offence in the last 10 years generally cannot be a surety (s. 515(2.11)). The exception is where no other suitable surety is available and it is in the interests of justice.

If your bail hearing took place before July 15, 2026, ask us how the changes may affect any later review or variation.

When reverse onus applies

The law sets out a list of situations. Some examples include:

• You are charged with an indictable offence that is alleged to have happened while you were on release for another indictable offence.
• You are charged with failing to comply with your release, or failing to attend court, while on release for another offence (s. 515(6)(c)).
• You are charged with certain firearm, terrorism, criminal organization or serious drug offences.
• You are charged with an offence involving violence against an intimate partner, and you have a prior conviction or discharge for intimate partner violence, or you were already on a peace bond protecting an intimate partner (s. 515(6)(b.1)).
• You are charged with an offence involving violence and a weapon, and you were convicted of a similar offence in the previous 10 years.
• You are charged with an indictable offence and do not ordinarily live in Canada.

Bill C-14 added these categories to the list:

• Assault or sexual assault involving choking, suffocating or strangulation (s. 515(6)(a)(ix)).
• Human trafficking (s. 515(6)(a)(x)).
• Violent or organized motor vehicle theft (s. 515(6)(a)(xi)).
• Extortion in which violence was used, threatened or attempted (s. 515(6)(a)(xii)).
• A violent offence that would be your third or later indictable offence involving violence (s. 515(6)(a)(xii.1)).
• Breaking and entering a home (s. 515(6)(a)(xiii)).
• Human smuggling under the Immigration and Refugee Protection Act (s. 515(6)(a)(xiv)).

The law also created a new reverse onus after a finding of guilt, where the Crown asks to end your release before sentencing. This list is not complete, and the Criminal Code contains the full list. Your charge and your history decide whether a reverse onus applies to you.

What it means in practice

At a normal show cause hearing, the Crown goes first and explains why you should be detained. In a reverse onus hearing, your side usually goes first and must explain why release is safe. A plan that is only "good enough" is not enough. It needs to answer each risk specifically and show that it will work in practice.

How to meet a reverse onus

A strong plan often includes:

• One or more reliable sureties who understand the duties and are not barred by the 10-year rule.
• A place to live away from the complainant or the source of the risk.
• House arrest or a curfew, sometimes with electronic monitoring.
• Confirmed treatment for addiction or mental health, where those issues are relevant.
• Work, school or other daily structure.

For example, if the charge involves a domestic situation, a justice will want to know where you will sleep, who will supervise you and how contact with the complainant will be avoided. A short, specific answer to each question carries more weight than general promises.

The three grounds still apply

Even in a reverse onus case, the justice can only detain you on the three grounds of attendance, public safety and public confidence (s. 515(10)). Your task is to show that none of them justifies detention, given the plan you are proposing.

The Charter still matters

The Charter gives everyone charged with an offence the right not to be denied reasonable bail without just cause (s. 11(e)). Parliament has now said that the ladder principle does not apply in reverse onus cases, but conditions must still be reasonable. How courts will apply the Charter to the 2026 changes is still developing.

Preparing evidence for a reverse onus hearing

Because the burden is on you, the evidence supporting your plan matters a great deal. Useful evidence can include testimony from one or more sureties, letters confirming employment or school enrolment, written confirmation of a treatment bed or counselling appointment, and proof of a stable address away from the complainant. In some cases, the defence also presents information about electronic monitoring, which can make house arrest or a curfew easier for the court to trust.

Timing and adjournments

Reverse onus hearings often take longer to prepare than ordinary bail hearings, because the plan must be detailed and the sureties must be ready to testify. It is sometimes better to adjourn for a few days to build a strong plan than to proceed immediately with a weak one, although that decision always belongs to the accused person after receiving advice.

How we can help

Reverse onus cases need early work. We can review your charge, check whether the rule applies, line up sureties and prepare a detailed plan. Call (647) 223-1980 for a free consultation.

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