Bail for Gun and Firearms Charges in Ontario

The short answer

Many firearm charges carry a reverse onus at bail. That means you, not the Crown, must show why you should be released before trial. Since July 15, 2026, you must also clearly demonstrate that your release plan deals with the risks you pose. Release is still possible in many cases, but it usually takes a strong, detailed plan that is prepared quickly and presented carefully.

Firearm-related reverse onus situations

A reverse onus applies to several firearm-related situations under s. 515(6):

• Section 95 and related offences: This includes possessing a loaded prohibited or restricted firearm, and certain firearm trafficking, manufacturing and importing offences (s. 515(6)(a)(vi)).
• Offences with a firearm: This includes robbery, extortion and some other serious offences allegedly committed with a firearm (s. 515(6)(a)(vii)).
• Prohibition orders: This covers a firearm or weapon offence allegedly committed while under a weapons prohibition (s. 515(6)(a)(viii)).
• Prior weapon violence: This covers violence with a weapon, if you were convicted of another weapon violence offence in the 10 years before this charge.

Some firearm charges, such as s. 91 and s. 94, are not on this list. See our reverse onus guide.

What the justice considers

The justice can only detain you on three grounds: to make sure you attend court, to protect the public, or to maintain confidence in the justice system (s. 515(10)). For the third ground, whether a firearm was used is a listed factor that the justice must consider. The strength of the Crown's case, your criminal record and your ties to the community also matter.

The 2026 changes

Since July 15, 2026, Bill C-14 has changed how reverse onus hearings work. You must clearly demonstrate that your release plan addresses the risks you pose. The usual principle that the least restrictive form of release should be considered first does not apply in reverse onus cases. The look-back period for prior weapon violence convictions is also now 10 years.

Conditions in firearm cases

For many firearm and violent offences, the justice must add a condition banning you from having weapons unless it is not needed for safety (s. 515(4.1)). Common conditions include:

• Weapons: You must not possess weapons, and you must surrender any licences and firearms.
• House arrest or curfew: You must stay in your residence except at set times or for set reasons.
• Sureties: One or more people supervise you and promise money to the court.
• No contact: You must not contact co-accused or witnesses.

Building a release plan

A strong plan in a firearm case usually includes:

• A surety: This is a responsible adult with a stable home who has not been convicted of an indictable offence in the last 10 years. See bail sureties.
• Electronic monitoring: This may be included if it is available.
• Stable work or school: A regular schedule shows structure and accountability.
• Distance: The plan keeps you away from the people or places connected to the allegations.

For example, a plan that moves you to a surety's home in another city, with a curfew and monitoring, answers the public safety concern more directly than a promise to stay out of trouble.

Choosing a surety

Since July 15, 2026, a person convicted of an indictable offence in the last 10 years generally cannot be a surety (s. 515(2.11)). The exception applies when no other suitable surety is available and it is in the interests of justice. A good surety understands the allegations, can supervise you closely and is willing to report a breach to police.

Timing

You must usually be brought before a justice within 24 hours of arrest. Building a strong plan can add a few days, and that time is often worth it. If you are detained, you can ask the Superior Court of Justice for a bail review.

What to do now

• Contact possible sureties right away and confirm they have no indictable convictions in the last 10 years.
• Gather proof of address, employment and school for you and your sureties.
• Do not discuss the charges on jail phones, because those calls are often recorded.

What happens at the hearing

At a reverse onus bail hearing, your lawyer usually calls your proposed sureties to testify. Each surety explains their relationship with you, their home, their work schedule and how they will supervise you. The Crown can cross-examine them. The justice then hears submissions from both sides and decides whether you have met the burden of showing that you should be released. The justice may release you on strict conditions, or detain you until trial.

If you are released

Once you are released, you must follow every condition exactly. A breach of a condition is a separate criminal offence, and it can lead to your release being cancelled. If a condition becomes unworkable, such as a curfew that conflicts with a new job, your lawyer can ask the Crown to agree to a change or apply to the court.

Common reasons bail is denied

Bail is most often denied in firearm cases when the proposed sureties are weak, when the person has a history of breaching court orders, or when the allegations involve a loaded firearm in a public place. Concerns about gang connections or ongoing conflicts can also weigh heavily. A plan that directly answers each of these concerns, with strong supervision and distance from the risk, gives you the strongest possible chance of release. Your lawyer can help you identify and prepare the right sureties before the hearing.

How we can help

We start building the release plan right away, prepare sureties and argue the reverse onus hearing. Call (647) 223-1980 for a free consultation.

Frequently asked questions