Ontario's 2024 bail changes: what families should know
In January 2024, federal changes (Bill C-48) made it harder to get bail for some repeat and violent offences and some firearms and intimate-partner cases, by expanding when the person has to prove they should be released.
What "reverse onus" means
Normally the Crown has to show why someone should stay in custody. In a reverse-onus case, the person has to show why they should be released. Same hearing, harder starting point.
Which cases were affected
Broadly: certain repeat violent offences involving a weapon, certain firearms offences, and intimate-partner violence where there is a prior conviction or discharge. [verify list against C-48] If the charge is in one of these groups, expect the court to want more — a stronger surety, a clearer address, tighter conditions.
What did not change
The basic questions the court asks, the right to a hearing, the right to a review. And the fact that a plan built before 9 a.m. beats one built after.
What to do differently
Move faster. In a reverse-onus case the family's preparation is the case. Surety, address, papers, the office on the phone — tonight.
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