On October 23, the federal government introduced the Bail and Sentencing Reform Act, which includes more than 80 proposed amendments to the Criminal Code. Many changes broadly respond to local government concerns, including resolutions and correspondence seeking stricter bail conditions for repeat offenders. A UBCM analysis follows.
The legislation includes the following proposed amendments to the Criminal Code:
- Stricter bail laws, including in cases of repeat and violent offending:
- New reverse onuses (e.g., for human trafficking and smuggling, extortion involving violence, certain assault and sexual assault cases, home invasion, violent and organized crime-related auto theft), and expansion of the reverse onus for cases involving violence with a weapon.
- A reverse onus requires the accused to prove why they should be released on bail.
- If an individual is granted bail, a bail plan must be developed that is considered reliable and credible.
- When bail is being considered, police will be instructed to not release an accused individual when it is against the public interest or when there is a need to protect victims and/or witnesses.
- Courts will be required to consider certain factors during the bail process, such as whether allegations involve random or unprovoked violence and/or if the accused has any outstanding charges; and, to set stricter conditions in some cases, such as weapons bans for those accused of extortion and organized crime.
- New reverse onuses (e.g., for human trafficking and smuggling, extortion involving violence, certain assault and sexual assault cases, home invasion, violent and organized crime-related auto theft), and expansion of the reverse onus for cases involving violence with a weapon.
- Stronger sentencing laws for repeat and violent crime (e.g., car theft, extortion, home invasions, organized crime):
- Consecutive sentences would be required in certain specific circumstances (e.g., when an individual is sentenced for extortion and arson, or sentenced for a violent/organized crime-related auto theft and break & enter).
- Consecutive sentences would have to be considered for repeat violent offending.
- New aggravating factors when considering sentencing for certain crimes (e.g., crimes against first responders, retail theft, and theft/mischief that impacts or interferes with essential infrastructure).
- Increased maximum penalty for contempt.
- House arrest would no longer be available for serious sexual assault and child sexual assault offences.
- Ability to order driving prohibitions for manslaughter and criminal negligence causing death or bodily harm.
- Strengthened fine enforcement for cases under federal jurisdiction, by allowing provinces and territories to suspend provincial licences and permits.
The federal government has advised that the effectiveness of these proposed Criminal Code amendments will depend on cooperation from provinces and territories, including adequately supporting justice and policing services.
The Bail and Sentencing Reform Act also proposes amendments to the Youth Criminal Justice Act that will expand the definition of “violent offence” to include situations where a young person causes bodily harm; provide enhanced access to information for law enforcement; and clarify that time spent unlawfully at large does not count towards a youth’s custodial sentence.
UBCM has consistently advocated for bail reform, including through a September 2025 letter supporting the federal government’s commitment to amend the Criminal Code, while also seeking greater support from federal and provincial orders of government. The UBCM membership has also endorsed resolutions seeking stricter enforcement (e.g., bail reform) and/or alternative strategies to address repeat offending and street disorder. This includes a recent resolution (2025-EB32) requesting stronger sentencing guidelines and bail reform to address repeat offenders.
The Bail and Sentencing Reform Act completed second reading in the House of Commons on November 18. The federal government has signaled that, in the coming months, it intends to introduce additional changes to address court delays, victims’ rights, child safety and the protection of individuals facing sexual and intimate partner violence.