Tougher Bail Rules for Violent and Gun Crimes

Summary#

Bill C-48 changes Canada’s bail rules in the Criminal Code. It tightens bail for repeat violent offences with weapons and for certain firearms crimes. It also expands bail limits for intimate partner violence (IPV) cases and requires judges to put key safety and equity considerations on the record. A 5‑year parliamentary review is built in.

• Creates a “reverse onus” (the accused must show why they should be released) for persons charged with a violent offence using a weapon who were convicted of a similar violent weapon offence within the past 5 years, if both offences carry a maximum of 10+ years (Criminal Code s.515(6)(b.2), as enacted).
• Adds specific firearms offences (ss.95, 98, 98.1, 99, 100, 102, 103) to reverse onus at bail (s.515(6)(a)(vi), as amended).
• Expands the IPV reverse onus to also apply when the accused was previously discharged for an IPV offence (s.515(6)(b.1), as amended).
• Requires judges to consider and record victim and community safety in bail decisions (s.515(13), as enacted).
• Requires judges to record how they identified if the accused is Indigenous or from a vulnerable population and how they considered those circumstances (s.515(13.1), referencing s.493.2).
• Applies to ongoing cases on the coming-into-force date; takes effect 30 days after Royal Assent; 5‑year parliamentary review is required (Transitional; Coming-into-Force; Review).

What it means for you#

• Households and victims

  • Judges must state on the record that they considered the safety of every victim and the community in bail decisions (s.515(13)).
  • In IPV cases, prior convictions or prior discharges count toward tougher bail rules through reverse onus (s.515(6)(b.1), as amended).

• Accused persons

  • If charged with a violent offence using a weapon and you were convicted within the last 5 years of another violent weapon offence with a 10+ year maximum sentence, you face reverse onus at bail (s.515(6)(b.2)).
  • If charged with certain firearms crimes (e.g., possession of a prohibited loaded firearm, trafficking, importing/exporting), you face reverse onus (s.515(6)(a)(vi), as amended; ss.95, 98, 98.1, 99, 100, 102, 103).
  • If charged with an offence involving a firearm or other listed weapon while under a prohibition order (including a release order that barred possession), you face reverse onus (s.515(6)(a)(viii), as amended).
  • In IPV cases, a prior discharge now triggers reverse onus, not only a prior conviction (s.515(6)(b.1), as amended).
  • Judges must consider prior violent convictions when setting bail and must record key safety and equity findings (s.515(3)(b), as amended; s.515(13)–(13.1)).

• Indigenous and vulnerable accused

  • Judges must state how they determined whether you are Indigenous or belong to a vulnerable population and how they considered your specific circumstances, as required by s.493.2 (s.515(13.1)).

• Courts and justice system workers

  • Bail hearings must include recorded statements on victim/community safety and on how s.493.2 factors were assessed and applied (s.515(13)–(13.1)).
  • Reverse onus expands for specified categories; Crown and defence will need to address these thresholds at hearings (s.515(6)(a)(vi), (a)(viii), (b.1), (b.2)).

• Timing

  • Changes apply starting 30 days after Royal Assent, including to cases already in progress on that date (Transitional Provision; Coming-into-Force).
  • A parliamentary review must start 5 years after Royal Assent, or as soon as feasible (Review).

Expenses#

• Estimated net cost: Data unavailable.
• No federal fiscal note or appropriation is specified in the bill text. Data unavailable.
• The bill changes bail rules and court record duties but does not fund implementation. Any added court time or detention costs would be managed by existing federal/provincial/territorial systems. Data unavailable.

Proponents' View#

• Targets repeat violent offenders with weapons by making release harder unless they show why bail is justified (reverse onus) (s.515(6)(b.2)).
• Addresses serious gun crime by adding key firearms offences to the reverse onus list (s.515(6)(a)(vi), as amended).
• Strengthens protection in IPV cases by counting prior discharges, not just convictions, when applying reverse onus (s.515(6)(b.1), as amended).
• Improves transparency and safety focus by requiring judges to record that victim and community safety were considered (s.515(13)).
• Promotes fairness by requiring judges to document how they identified and weighed the circumstances of Indigenous and vulnerable accused under s.493.2 (s.515(13.1)).
• Adds accountability through a mandatory parliamentary review after 5 years (Review).

Opponents' View#

• Reverse onus could increase pretrial detention and pressure on remand facilities; assumes more accused in these categories will not meet the reverse onus standard. Data unavailable.
• Risk of disproportionate impacts on Indigenous and marginalized people, who are already overrepresented in remand; this concern remains even with new recording requirements; assumes detention rates rise under reverse onus. Data unavailable.
• Bail hearings may become longer and more complex due to new on‑record statements and determinations (s.515(13)–(13.1)); assumes added court time and workload. Data unavailable.
• New and expanded reverse onus categories may face Charter challenges; outcomes uncertain. Assumes litigation risk from shifting the burden in more cases. Data unavailable.
• Applying changes to ongoing proceedings could cause transitional disputes or delays as parties adjust to new standards (Transitional Provision). Assumes short‑term implementation friction. Data unavailable.