Chamber
commons
Stage
2nd Reading
Introduced
Sep 22, 2025
Progress
This bill makes it harder for people charged with serious violent crimes to get bail in Canada.
Key Changes
- Replaces the 'principle of restraint' in bail decisions with 'protection and safety of the public' as the primary consideration
- Creates a new category of 'major offences' (serious violent crimes) for which police cannot release an accused after arrest — a bail hearing is required
- Expands the list of reverse-onus offences, meaning the accused must prove why they should be released rather than the Crown proving why they should be held
- Requires detention until sentencing for anyone who pleads guilty to an indictable offence while awaiting trial, unless they show cause for release
- Requires non-citizens and non-permanent residents to surrender all passports as a mandatory condition of any release
- Prohibits anyone convicted of an indictable offence in the last 10 years from serving as a surety, and requires the Minister of Justice to table an annual bail system report in Parliament
Gotchas
- The shift from 'substantial likelihood' to 'reasonably foreseeable' as the standard for detaining someone lowers the legal threshold needed to keep an accused in custody, which could increase pre-trial detention rates.
- The mandatory passport surrender for non-citizens and non-permanent residents applies regardless of the nature of the offence, which could raise equality and Charter rights concerns.
- The 10-year criminal record bar on acting as a surety could make it harder for accused persons — particularly those from communities where prior convictions are more common — to find eligible sureties, potentially resulting in more pre-trial detention.
- The bill requires superior court judges (rather than justices of the peace) to handle bail for repeat major offence accused, which could create delays and strain on superior court resources.
- The annual report requirement includes data on 'disparities between different groups,' suggesting Parliament is aware of potential equity concerns with stricter bail rules, but the bill does not include specific measures to address those disparities.
- The definition of 'first responder' can be expanded by the Governor in Council through regulations, meaning the scope of violence-related reverse-onus offences could be broadened without returning to Parliament.
Who's Affected
- People accused of serious violent crimes seeking bail
- Repeat offenders charged with major offences while already on bail
- Non-citizens and non-permanent residents charged with offences
- People who would act as sureties (financial guarantors) for accused persons
- Judges and justices of the peace conducting bail hearings
- Police officers making release decisions after arrest
- First responders, who are explicitly included in provisions about violence-related offences
Vibes
0 responses
Gotchas
- The shift from 'substantial likelihood' to 'reasonably foreseeable' as the standard for detaining someone lowers the legal threshold needed to keep an accused in custody, which could increase pre-trial detention rates.
- The mandatory passport surrender for non-citizens and non-permanent residents applies regardless of the nature of the offence, which could raise equality and Charter rights concerns.
- The 10-year criminal record bar on acting as a surety could make it harder for accused persons — particularly those from communities where prior convictions are more common — to find eligible sureties, potentially resulting in more pre-trial detention.
- The bill requires superior court judges (rather than justices of the peace) to handle bail for repeat major offence accused, which could create delays and strain on superior court resources.
- The annual report requirement includes data on 'disparities between different groups,' suggesting Parliament is aware of potential equity concerns with stricter bail rules, but the bill does not include specific measures to address those disparities.
- The definition of 'first responder' can be expanded by the Governor in Council through regulations, meaning the scope of violence-related reverse-onus offences could be broadened without returning to Parliament.
Summary
Bill C-242, called the 'Jail Not Bail Act,' proposes major changes to Canada's bail system. It shifts the guiding principle from 'restraint' (releasing people unless there's a reason not to) to 'protection of the public' as the primary consideration. It expands the list of serious offences where the accused must prove why they should be released (called reverse-onus offences), and creates a new category called 'major offences' that includes many violent crimes. The bill would prevent police from releasing someone charged with a 'major offence' at the scene — they must be held for a bail hearing. People who are charged with a major offence while already out on bail for another major offence, and who have a prior major offence conviction in the last 10 years, can only have their bail hearing before a superior court judge, and must prove why they should be released. If someone pleads guilty to an indictable (serious) offence while awaiting trial, they would be held in custody until sentencing unless they can show why detention isn't justified. The bill also adds rules for non-citizens and non-permanent residents, requiring them to surrender their passports as a condition of release. It prohibits anyone convicted of an indictable offence in the last 10 years from acting as a surety (someone who vouches financially for an accused). Finally, it requires the Minister of Justice to publish an annual report to Parliament on how the bail system is working across Canada.
Automatically generated from bill text using Claude
Vibes
0 responses