Bail Hearing

What Changed Under the 2026 Bail and Sentencing Reform Act?

Khalid Akram · September 25, 2026 ·

2026 Bail and Sentencing Reform Act Changes

Bail and Sentencing Reform Act (previously Bill C-14) was enacted to amend the Criminal Code. The main bail and sentencing provisions of the new act came into force on July 15, 2026. They will affect the entire country, including Calgary and Alberta.

The new rules are specific in nature. This does not mean that everyone who is charged with an offense will automatically lose their bail or face increased sentencing. The effectiveness of the changes will depend on the particular charges and other circumstances.

2026 Bail Changes That May Affect Calgary Cases

Reverse-onus bail was expanded under the Act in particular situations. Under regular bail proceedings, the Crown has to justify the reason for detention. Under the reverse-onus proceedings, the accused has to prove that his or her detention should not take place.

There might be new or enhanced provisions of reverse-onus bail where the accused is charged with choking, suffocation, or strangulation, or where violent or organized-crime-related theft of automobiles, break and enter of dwelling houses, human trafficking, smuggling, violent extortion, and the third or subsequent indictable offence where there is violence are alleged. There is also a provision for the reverse onus on weapons where the requirements of the law are met and a qualifying conviction for the last ten years exists.

The exact wording of the section 515 is very important, as not all allegations of violence, assault charges, or criminal records would qualify for reverse onus.

Restraint is still part of bail hearings. The courts have to impose the least onerous conditions in the case of release. But in reverse-onus cases, the traditional statutory release ladder does not apply in the same manner.

The reforms also require courts to consider the number or seriousness of outstanding charges from separate events and whether an allegation involved random and unprovoked violence. These factors do not automatically require detention. They form part of the court’s individual assessment.

A more detailed explanation of the new bail laws in Canada for 2026 can help clarify how these changes apply to Calgary cases.

Sureties, Bail Conditions and Release Plans

Proposed sureties must be reviewed prior to a Calgary bail hearing. As per the new Act, generally, one can only be declared as a surety if he or she had not been convicted of an indictable offence during the past 10 years. However, an exception might be made by the court in exceptional cases where no other suitable surety exists.

Moreover, the Act also introduces provisions for prohibitions relating to weapons in certain cases. In cases of automobile theft and break-in into dwelling house, the court must also impose certain further conditions including geographic limitations, curfew or limitations on tools that might be used for gaining entry into the vehicle or the premises.

However, the condition must be relevant to the facts of the case. A good bail proposal must address the concerns of the Crown regarding attendance at court, public safety, contact with the complainant or witness, residence, supervision, and any surety proposed.

If an accused is alleged to have breached a release order or committed another offence while on release, the existing release may be at risk. In specified section 524 situations, the accused may have to show why detention is not justified after the earlier release is cancelled.

2026 Sentencing Changes

These provisions have application only once there is a plea of guilty or a finding of guilt. They do not establish whether someone gets bail or whether he is guilty.

An aggravating factor relating to repeat-violence was introduced by the Act. Where the offence was violent, threatened or attempted violence towards any individual and the offender has a qualifying conviction for conduct of that kind within five years, then the aggravating factor applies. It does not lead to a mandatory increase in the sentence, but it must be considered an aggravating factor if all statutory conditions are fulfilled.

Courts should also take into account consecutive imprisonment in certain repeat-violence cases. Consecutive terms are those that run one after the other rather than concurrently. This consideration of consecutive terms is not mandatory in all such cases, and the total sentence should not be overly harsh.

In some repeat auto-theft, repeat break-and-enter and criminal organization cases, denunciation and deterrence should receive primary consideration. Conditional sentences are also not available in some sexual offences.

Sentencing remains individualized. The judge must still consider proportionality, the circumstances of the offence, the offender’s responsibility, aggravating and mitigating factors, and applicable sentencing principles.

Offence Dates, Transitional Rules and Legal Advice

Date of 15 July 2026 is crucial since some of the bail amendments relate to the proceedings that are already underway. While some of the sentencing amendments are applicable to the proceedings already in progress, other amendments will be applicable only if the offences are committed on or after the coming into effect of a certain provision.

Charge date alone will not resolve the matter. Proper analysis might require an examination of the date of commission of the offence, the particular amendment, the date it comes into effect, as well as the transitional provision of the Act.

In relation to the Calgary criminal offence, timely consultation with a criminal defence lawyer can provide guidance concerning reverse onus, eligibility of surety, the issues a release plan should cover, and the sentencing provisions potentially applicable in case of a conviction.

Canada’s New Bail Rules for Strangulation and Choking 2026

Khalid Akram · September 24, 2026 ·

What Changed for Strangulation and Choking Cases in 2026?

The Bail and Sentencing Reform Act has altered various provisions of the Criminal Code relating to bail. The enactment came into effect on June 15, 2026, while the pertinent bail reforms became effective from July 15, 2026.

The first amendment relates to certain cases of assaults or sexual assaults that involve choking, suffocation, or strangulation of the complainant by the accused person.

According to s.515(6) of the Criminal Code as amended, a reverse-onus situation has been introduced for specific offences. The provision would apply in situations when the accused is charged with any relevant offence under ss.266 to 268 or ss.271 to 273 and charging is made with choking, suffocation, or strangulation in connection with the offence.

This represents an important change in the bail process. However, it does not affect the burden of proof in the trial.

What Does Section 515(6)(a)(ix) Mean?

Section 515(6)(a)(ix) identifies certain assault charges and sexual assault charges involving alleged choking, suffocation, or strangulation as a reverse-onus category.

The listed Criminal Code provisions are:

section 266 — assault;
section 267 — assault with a weapon or causing bodily harm;
section 268 — aggravated assault;
section 271 — sexual assault;
section 272 — sexual assault with a weapon, threats to a third party, causing bodily harm, or other listed circumstances; and
section 273 — aggravated sexual assault.

The reverse-onus bail does not apply to every individual that has been charged with assault. Both the offence being charged and the conduct being alleged are relevant.

For instance, this new reverse-onus provision applies to situations where there has been an allegation of choking, suffocation, or strangulation in connection with any of the offences set out in the list.

This can be analyzed by a criminal defense lawyer in Calgary.

Does the New Rule Mean the Accused Is Presumed Guilty?

Not necessarily. A reverse onus bail hearing does not decide the question of whether or not the accused has committed the crime he is charged with.

There are three different things which need to be separated from each other.

First of all, there is the allegation itself, which tells us what the police or the prosecution claim was done.

Then comes the decision of the bail itself, whether the accused has to stay behind bars until the conclusion of the criminal proceeding and whether some restrictions need to be imposed.

Finally, there is the question of guilt or innocence itself, once the case goes for trial.

In the bail hearing itself, the accused does not have to prove that he is innocent.

Where section 515(6) of the Criminal Code applies, the accused has to explain why detention is not warranted.

Is Strangulation Automatically a Separate Criminal Offence?

Not simply because strangulation is alleged.

Choking, suffocation, or strangulation may arise in various situations under the Criminal Code. The particular section will depend on the alleged facts and elements of the crime.

For instance, according to section 267(c), an individual commits the offense under section 267 where he or she chokes, suffocates, or strangles the complainant during an assault.

It does not necessarily imply that every case that involves choking has to be categorized as aggravated assault.

Aggravated assault under section 268 has its own test and applies where the alleged assault wounds, maims, disfigures, or endangers the life of the complainant.

Section 272, on the other hand, makes reference to a particular offense where choking, suffocation, or strangulation occurs during a sexual assault.

In addition, section 246 of the Criminal Code mentions choking or suffocation; however, it is a separate offense with different legal elements and it relates to conduct aimed at facilitating an indictable offense. It should not be viewed as a general “strangulation charge.”

For someone who faces assault charges in Calgary, the proper starting point is therefore the actual charge and allegations.

Which Assault Charges Can Trigger the New Reverse-Onus Rule?

The 2026 amendment does not create one new offence called “strangulation assault.” Instead, it changes the bail consequences that may arise when specified existing offences involve alleged choking, suffocation, or strangulation.

Section 515(6)(a)(ix) refers to offences under sections 266, 267, 268, 271, 272, and 273.

The legal details matter because these sections cover offences with different elements.

Section 266: Assault

Section 266 deals with assault generally.

An assault might include an application of force without consent, among other possible scenarios captured in the definition of assault under the Criminal Code. The type of force in question might be varied.

According to the 2026 bail amendment, an offence that qualifies under s. 266 could come within the ambit of the new onus provision if choking, suffocation, or strangulation was used in committing the offence.

The point here is that the bail provision is not restricted to a charge under s. 267(c).

The particular charge, the Crown’s position, and the alleged facts have to be considered before determining the applicable bail principles.

Section 267: Assault Involving Choking, Suffocation, or Strangulation

Section 267 applies where an accused, while committing an assault:

carries, uses, or threatens to use a weapon or imitation weapon;
causes bodily harm to the complainant; or
chokes, suffocates, or strangles the complainant.

It means that choking, suffocation, and strangulation are all mentioned explicitly in s. 267(c).

But just because someone is charged with the crime outlined in section 267 does not mean that the alleged behaviour took place.

The objective of the bail hearing is totally different.

In this bail hearing, the question is whether it is appropriate for the accused to be detained pending the trial. If the new reverse onus provision is applicable, the accused should take into account the risks of s. 515.

Section 268: Aggravated Assault

Aggravated assault pursuant to s. 268 is not to be confused with an alleged strangulation offence.

S. 268 is invoked when an assault has caused wounds, maiming, disfigurement or endangerment of the complainant’s life.

That an individual was alleged to have been choked would not necessarily establish whether the elements required for aggravated assault were present.

The facts and consequences are important.

Nonetheless, s. 268 is listed as one of the offences included in s. 515(6)(a)(ix).

In such cases, where there is an applicable s. 268 charge in conjunction with choking, suffocation or strangulation during the commission of the offence, the reverse onus provision might apply.

What About Sexual Assault Charges?

The 2026 amendment will also apply to sexual assault as per sections 271 to 273.

Section 271 deals with sexual assault.

Section 272 deals with sexual assault committed under certain circumstances. Among these circumstances, there is choking, suffocating, or strangling the complainant as per section 272(1)(c.1).

Section 273 deals with aggravated sexual assault, which is characterized by wounding, maiming, disfiguring, or putting at risk the life of the complainant during the course of sexual assault.

All three sections are specifically referred to in the amended bail provision.

The focus of this article is on assault and bail provisions rather than on sexual assault law. The important aspect here is that 515(6)(a)(ix) provision includes all three provisions in relation to the particular allegation of choking, suffocating, or strangling.

Why the Exact Charge Matters

A person should not assume that every allegation involving the neck or breathing produces the same charge or the same bail issue.

The court may need to consider:

the Criminal Code section actually charged;
how the alleged assault is described;
whether choking, suffocation, or strangulation is alleged;
whether section 515(6) applies;
whether another reverse-onus provision also applies; and
the circumstances relevant to release or detention.

What Does Reverse Onus Mean at a Bail Hearing?

The reverse onus provision results in changing the party who should prove whether detention or release is necessary during the bail hearing.

Where an ordinary bail proceeding occurs in accordance with s. 515, the Crown has the burden to demonstrate why detention should take place or whether the less restrictive conditions of release are necessary.

In case of reverse onus, the burden changes.

According to s. 515(6), it will be up to the accused to prove why there is no reason for his detention. After the 2026 amendments, it was specified that the accused must provide clear evidence regarding the effectiveness of the release proposal to address the statutory reasons for detention.

The release plan becomes especially significant in such cases.

However, reverse onus does not result in the inability of the accused to obtain release from custody.

What Is Different From an Ordinary Bail Hearing?

The basic difference concerns the burden at the hearing.

Issue	Ordinary Bail	Reverse-Onus Bail
Who generally has the burden?	Crown must justify detention or more restrictive release	Accused must show why detention is not justified
Is guilt decided?	No	No
Must the accused prove innocence?	No	No
Can the accused still be released?	Yes	Yes
Does the release plan matter?	Yes	It can be especially important

The exact bail analysis still depends on the Criminal Code and the circumstances before the court.

A reverse-onus hearing should therefore not be treated as a trial before the trial.

What Must the Accused Demonstrate?

Section 515(6) now places specific emphasis on the accused’s proposed release plan.

Where the provision applies, the accused must clearly demonstrate that the proposed plan addresses the risks associated with the relevant detention grounds under section 515(10).

A release plan may need to deal with practical questions such as:

Where will the accused live?
How will the accused attend court when required?
How will any no-contact restriction be followed?
Can the accused stay away from specified places if required?
How will concerns about alleged interference with witnesses be addressed?
Is supervision appropriate or available?
Can the accused realistically comply with the proposed conditions?

A plan should respond to the actual concerns raised in the case. Simply saying that the accused promises to follow the rules may not address the issues the court must consider.

What Are the Three Grounds for Detention?

Grounds for detentions under Section 515(10)

There are three different grounds on which detention can be legally justified under Section 515(10).

The first is the ground of attendance. It deals with the question as to whether detention is needed for securing attendance in court.

The second ground is that of public protection or safety. It includes safety of the person who is considered the victim of the alleged crime or the witness. There could be a strong possibility of the accused committing another crime.

The tertiary ground concerns maintaining confidence in the administration of justice.

Regarding the tertiary factor, the Criminal Code highlights the following factors: the strength of the Crown’s case; the seriousness of the offence; the nature of the circumstances in which the offence occurred; and the potential for serious consequences if convicted.

After the amendment in 2026, s. 515(10)(c) has pointed out that consideration should also be made about the number or seriousness of other charges resulting from separate incidents.

The relevant grounds will depend on the circumstances of the case.

Does Reverse Onus Mean Bail Will Be Denied?

No.

Under the provisions of the Criminal Code, there are grounds for release should an accused under Section 515(6) be able to prove that detention is not warranted.

The most significant element is the burden.

The burden here shifts from the general presumption wherein it lies on the Crown to prove detention to be necessary to the accused who falls into one of the categories covered by the reverse onus provision.

It would be prudent for an accused to prepare in advance of the hearing especially when charged with strangulation assault.

The plan should deal with such issues as contact with the complainant, residency, compliance, and court appearance, among others.

Does the Accused Have to Challenge the Allegations at Bail?

A bail hearing can involve looking at the allegations and how strong the case appears to be. But the role of the bail hearing is not to decide the guilt of the individual.

It is not necessary for the accused to prove innocence before securing a release from jail.

The first thing that needs to be done in a reverse onus case is to explain why the detention cannot take place under the grounds set out in the Criminal Code and how the release plan helps to mitigate those risks.

That is an important difference.

An accused person can challenge the allegations and suggest conditions that will serve to address bail concerns. Acceptance of the release conditions doesn’t imply that the offence took place.

A criminal defence lawyer specializing in assault cases can ensure that those two issues remain distinct from each other.

What Happens After an Arrest for Alleged Strangulation in Calgary?

Step 1: Arrest and the Initial Release Decision

Once a person is arrested, the authorities have to figure out what the treatment of that person will be in accordance with the Criminal Code.

The accused person can be either released or detained pending the hearing of bail.

The allegation of strangulation is not, in and of itself, an indication that the person should be detained automatically.

Nevertheless, if there is an allegation of strangulation in the context of sections 266 to 268 and 271 to 273, then the reverse onus law may be applicable during the bail hearing according to section 515.

Step 2: The Accused May Be Held for a Bail Hearing

However, if police decide not to release the accused, the accused may have to appear before a Justice of the Peace or Justice regarding bail.

At this point, the question does not lie about whether the accused is guilty or not.

It depends on whether the detention of the accused is warranted either by primary, secondary, or tertiary grounds and whether the accused, in case reverse onus applies, has mitigated the issues involved in the release plan.

In case the hearing is continued, and the accused remains in custody, the court might also give an order regarding non-communication of the accused towards the victim, the witness, or other identifiable persons.

The accused must comply strictly with this order.

Step 3: Determine Whether Reverse Onus Applies

One of the first legal questions is whether the charge actually falls within section 515(6)(a)(ix).

A Calgary bail hearing lawyer may review:

the Criminal Code section charged;
the wording of the allegations;
whether choking, suffocation, or strangulation is alleged;
the accused’s criminal and release history;
other outstanding charges;
whether another reverse-onus provision applies; and
the Crown’s position on detention or release.

This assessment matters because the burden at the bail hearing can change depending on the applicable provision.

The fact that a complainant alleges pressure to the neck should not replace an examination of the actual charge and the statutory requirements.

Step 4: Identify the Crown’s Bail Concerns

The Crown may oppose release or seek particular conditions based on one or more grounds under section 515(10).

The concerns may relate to:

whether the accused will attend court;
alleged risks to the complainant or public;
possible interference with a victim or witness;
past compliance with court orders;
outstanding charges;
the circumstances of the alleged offence; or
maintaining confidence in the administration of justice.

In a reverse-onus case, the proposed release plan should respond directly to the risks raised rather than rely on broad promises that the accused will comply.

Step 5: Prepare a Practical Release Plan

A release plan explains how the accused proposes to live and comply with court requirements if released.

Depending on the case, it may address:

where the accused will reside;
whether that residence creates contact with the complainant;
how no-contact terms can be followed;
employment or school arrangements;
transportation to court;
supervision where appropriate;
access to weapons;
existing court orders; and
other practical measures connected to the identified risks.

The 2026 reverse-onus wording specifically requires an accused caught by section 515(6) to clearly demonstrate how the proposed release plan addresses the relevant risks under section 515(10).

Step 6: The Bail Hearing Takes Place

At the hearing, the court looks at the relevant provisions of the Criminal Code, the parties’ positions, and all evidence that is legally before the court.

Where section 515(6)(a)(ix) is involved, the accused carries the reverse onus.

It does not imply that the accused needs to refute the claim of the assault.

It implies that the accused will need to demonstrate that detention is unnecessary and how the proposed release plan addresses those issues.

The court could either release the accused, impose conditions or detain him/her.

Step 7: Follow Every Release Condition

If the accused is released, every term of the undertaking or release order should be treated seriously.

A person should not assume that a condition allows conduct that is not clearly permitted.

For example, if an order prohibits communication with the complainant, the accused should not assume that communication through:

a friend;
a relative;
a new social media account;
another person’s telephone; or
an online message

is permitted.

Indirect communication can also be prohibited where the wording of the order covers it.

If a condition is unclear, the safer course is to obtain legal advice rather than test its limits.

Breaching a release condition can lead to additional criminal consequences and may affect the accused’s release status.

Canada’s New Bail Laws in 2026

Khalid Akram · September 14, 2026 ·

Canada’s bail laws changed on July 15, 2026, when the Bail and Sentencing Reform Act brought new rules into force, including expanded reverse-onus provisions and new considerations for release decisions. The changes do not affect every accused person in the same way. Bail decisions in Calgary remain case-specific, making the applicable rules important to understand.

What Do Calgary Accused Persons Need to Know About Bail in 2026?

For an accused person or family member, the most important point is that bail remains a case-specific decision. Canada did make significant changes to its bail laws in 2026, but the amendments do not mean that everyone charged with a criminal offence will be detained.

The court must apply the Criminal Code, including the rules governing release, detention and reverse onus. The type of charge, circumstances of the allegations, criminal history, outstanding charges and proposed release plan can all affect the decision.

What Does Bail Mean in Canadian Criminal Proceedings?

Bail is the process through which a person charged with a criminal offence may be released from custody while the charge remains before the court. The Criminal Code commonly describes this as judicial interim release.

Release does not mean the charge has been dismissed. It means the accused can remain in the community while the case proceeds, subject to any conditions imposed by the court.

A person may be released without conditions or under a release order containing specific requirements. Depending on the circumstances, those requirements could involve reporting, restrictions on travel, restrictions on contact with certain people or other conditions intended to address identified risks.

An accused person is also presumed innocent unless proven guilty. The Canadian Charter of Rights and Freedoms protects the right not to be denied reasonable bail without just cause.

However, that right does not mean release is automatic.

A court may order detention where the legal requirements for detention are met. The bail system is intended to balance an accused person’s liberty with concerns such as attendance in court, public safety and confidence in the administration of justice.

Did Canada Actually Change Its Bail Laws in 2026?

Yes.

Bill C-14, the Bail and Sentencing Reform Act, received Royal Assent on June 15, 2026. The bail and sentencing reforms came into force on July 15, 2026. The legislation amended the Criminal Code and made targeted changes affecting bail, including reverse-onus rules, detention considerations, conditions of release and sureties.

For someone facing a bail hearing after July 15, 2026, the current provisions must therefore be considered.

The changes are particularly important in cases involving certain violent offences, repeat allegations, weapons, organized crime, some forms of auto theft, residential break and enter, human trafficking, human smuggling and specified allegations involving choking, suffocation or strangulation.

However, it would be inaccurate to say that the 2026 reforms automatically make bail unavailable.

Some accused persons remain subject to the ordinary Crown-onus framework. Others may fall within a reverse-onus provision and have to demonstrate why detention is not justified.

The exact charge and circumstances matter.

Does the Law Still Favour Release Where Appropriate?

Canada’s bail law continues to recognize the principle of restraint. Historically, this principle has favoured release at the earliest reasonable opportunity where appropriate and has required that conditions not be more restrictive than reasonably necessary.

The 2026 amendments clarified an important point: the principle of restraint does not require a person to be released where detention is legally justified. Public safety, attendance in court and confidence in the administration of justice remain relevant.

Another longstanding concept is the ladder principle. In ordinary bail cases, courts generally consider less restrictive forms of release before moving toward more restrictive arrangements involving financial obligations or a surety.

Bill C-14 clarified that this ladder principle does not apply in the same way when the accused is subject to a reverse onus.

This distinction can be important when preparing a bail plan.

Who Makes Bail Decisions in Calgary?

Canada’s bail system involves both federal and provincial responsibilities.

The federal government creates criminal law and criminal procedure, including the Criminal Code provisions governing bail. Alberta is responsible for administering justice within the province, which includes conducting bail hearings, prosecuting most Criminal Code offences, enforcing release conditions and operating remand facilities.

For a person charged in Calgary, this means the substantive bail rules come from federal law, but the hearing takes place within Alberta’s court system.

All criminal court appearances in Alberta start in the Alberta Court of Justice. Its Criminal Division deals with first appearances and bail hearings, as well as many other stages of criminal proceedings.

The procedure and practical issues in a particular Calgary bail hearing can still depend on the offence, the Crown’s position, whether the accused is already subject to another release order and whether a reverse-onus provision applies.

What Changed Under Canada’s Bail Laws on July 15, 2026?

The 2026 amendments did not replace Canada’s entire bail system. Instead, Bill C-14 modified important parts of the existing Criminal Code framework.

For accused persons and families, it is useful to separate rules that already existed from changes that actually took effect in 2026.

Which Bail Rules Were Already in Force Before 2026?

Long before Bill C-14, the Criminal Code already allowed courts to detain accused persons on three grounds: ensuring attendance in court, protecting public safety and maintaining confidence in the administration of justice.

Reverse-onus rules also existed before 2026.

For example, the Criminal Code already contained reverse-onus provisions for certain firearms offences, terrorism-related offences, specified drug trafficking and importing offences, certain intimate-partner-violence situations and some repeat serious violent offences involving weapons.

Canada had also enacted a significant earlier bail reform through former Bill C-48.

Bill C-48 received Royal Assent on December 5, 2023, and came into force on January 4, 2024. It made targeted changes concerning serious repeat violent offending involving weapons, certain firearms offences and intimate partner violence. Those provisions were therefore already part of Canadian bail law before the 2026 reforms.

This distinction matters because an article about “new bail laws in 2026” should not incorrectly describe every current reverse-onus rule as having been created in 2026.

What New Bail Rules Took Effect on July 15, 2026?

Bill C-14 made several changes that can directly affect how a bail application is assessed.

Among the most significant are:

clarification that the principle of restraint does not require release when detention is justified;
clarification that the ordinary ladder principle does not apply to reverse-onus accused persons;
a requirement for courts to consider whether allegations involve random or unprovoked violence when making bail decisions;
changes to the tertiary ground requiring consideration of the number or seriousness of outstanding charges arising from separate events;
new and expanded reverse-onus provisions;
additional bail-condition considerations for certain offences;
expanded weapons-prohibition requirements for specified allegations;
stricter rules concerning who may act as a surety in some circumstances; and
closer scrutiny of the release plan presented by an accused who bears a reverse onus.

These amendments may significantly affect some accused persons. Others may have little or no direct impact from the new provisions.

The correct analysis depends on the actual charges and circumstances.

When Does the Court Consider Random or Unprovoked Violence?

Under the current law following Bill C-14, courts must consider whether the allegations involve random or unprovoked violence when making a bail decision.

This does not create an automatic rule that a person accused of such conduct must remain in custody.

Instead, it is a factor the court must consider within the overall bail analysis.

The court still has to determine whether detention is justified under the applicable Criminal Code provisions. The allegations have also not been proven merely because they are described as violent or unprovoked.

How Did the 2026 Law Change the Tertiary Ground?

The tertiary ground concerns whether detention is necessary to maintain confidence in the administration of justice.

Before deciding this issue, a court considers factors set out in the Criminal Code. These include matters such as the apparent strength of the Crown’s case, the gravity of the offence and the potential punishment.

Following Bill C-14, the court must also consider the number or seriousness of outstanding charges against the accused arising from separate events when assessing the tertiary ground.

This may be particularly relevant where someone is arrested on a new allegation while other unrelated criminal charges remain unresolved.

Again, outstanding charges are allegations. They are not convictions. Their relevance depends on the legal context and facts before the bail court.

Which New Situations Can Trigger Reverse Onus?

A reverse onus changes who bears the burden at the bail hearing.

Normally, when the Crown seeks detention, the Crown must show why detention is justified. In a reverse-onus case, the accused must demonstrate why they should not be detained.

Bill C-14 created new reverse-onus provisions for specified circumstances involving:

violent and organized crime-related motor vehicle theft;
break and enter of a home;
trafficking in persons;
human smuggling;
assaults and sexual assaults involving alleged choking, suffocation or strangulation;
extortion involving violence; and
certain serious violent offences where the accused has two or more qualifying prior convictions for similar offences.

Bill C-14 also expanded an existing reverse-onus rule involving serious violent offending with a weapon.

Before the 2026 amendment, the relevant prior conviction period was generally five years. The legislation expanded that period to 10 years in the circumstances covered by the provision.

This means that criminal history that may previously have fallen outside the five-year period can now become relevant to whether the accused bears a reverse onus.

A reverse onus should never be assumed merely because an allegation sounds serious. The specific Criminal Code provision, charge and qualifying circumstances must be reviewed.

How Does Reverse Onus Affect a Bail Plan in 2026?

Bill C-14 places additional emphasis on the release plan in reverse-onus cases.

An accused subject to reverse onus must clearly demonstrate how the proposed bail plan addresses the risks that could arise if they are released.

A release plan may address matters such as:

where the accused proposes to live;
whether contact with a complainant or witness can be avoided;
how geographic restrictions could be followed;
employment or other structured daily responsibilities;
supervision, where appropriate;
treatment arrangements where relevant;
compliance with existing court orders; and
a proposed surety, if a surety is appropriate and legally available.

A complicated plan is not automatically a better plan. Conditions should respond to actual risks rather than simply being as restrictive as possible.

Did the Rules About Sureties Change?

Yes, for certain proposed sureties.

A surety is someone who agrees to supervise an accused person released on bail and help ensure compliance with the release order.

Bill C-14 provides that a person convicted of a serious offence within the previous 10 years generally cannot act as a surety. An exception may apply where no other suitable surety is available and naming that person would be in the interests of justice.

This does not mean a surety is required in every bail case.

Whether a surety is necessary depends on the legal framework and circumstances of the proposed release.

Did the 2026 Reforms Eliminate the Possibility of Release?

No.

Bill C-14 strengthened parts of the bail regime, particularly for certain violent, repeat and organized-crime-related allegations. It did not create a universal rule requiring detention.

The legislation clarified that restraint does not mandate release. It also expanded situations where an accused bears a reverse onus.

However, the court must still conduct the required legal analysis.

The result can differ significantly between accused persons, even where the charges appear similar.

Are All Bail Reform Proposals Discussed in 2026 Now Law?

No.

It is important to distinguish enacted legislation from proposals that did not become law.

For example, Bill C-242, known as the Jail Not Bail Act, was a private member’s bill. It was defeated at second reading in the House of Commons on March 25, 2026. It is therefore not part of Canada’s current bail law.

By contrast, Bill C-14 received Royal Assent and its bail reforms came into force on July 15, 2026.

For an accused person facing a bail hearing, the applicable law should therefore be identified from legislation that is actually in force rather than from news reports about proposed reforms.

Frequently Asked Questions About Bail in Calgary

What changed in Canada’s bail laws on July 15, 2026?

Canada’s bail laws changed on July 15, 2026, when Bill C-14’s bail reforms came into force. The amendments expanded several reverse-onus situations, added new considerations involving random or unprovoked violence and outstanding charges, changed some surety rules, and clarified parts of the restraint and release framework. The changes do not apply identically to every accused.

How quickly will I get a bail hearing in Calgary?

If police do not release you, the Criminal Code generally requires you to be brought before a justice without unreasonable delay and within 24 hours when a justice is available. That does not guarantee that a contested bail hearing will be completed within 24 hours. Timing can depend on preparation, scheduling, the Crown’s position and the circumstances.

Can the Crown prosecutor oppose my release on bail?

Yes. The Crown prosecutor may consent to release, seek particular conditions or oppose release and ask the court to order detention. In an ordinary Crown-onus hearing, the Crown generally must justify detention. In specified reverse-onus cases, the accused instead bears the burden of showing why detention is not justified under the applicable Criminal Code rules.

What happens if I am denied bail in Alberta?

If bail is denied, you generally remain in custody until another court order results in release or the criminal case is otherwise resolved. In Alberta, a detention order from the Alberta Court of Justice may be reviewed in the Court of King’s Bench where the Criminal Code permits. A bail review has its own legal and procedural requirements.

Can a Calgary criminal defence lawyer help change bail conditions or seek a bail review?

Yes. A Bail Hearing Lawyer may help determine whether a condition can be changed by consent or through another court process, and may assess whether a bail review is available after detention. The correct procedure depends on the existing order, the court that made it, Crown consent, any surety and the circumstances of the case.

An Experienced Criminal Defence Lawyer can also review how the current bail rules apply to the specific allegations, release plan and procedural history of the case.

What to Expect During a Bail Hearing in Calgary | Legal Insights

Khalid Akram · January 6, 2025 ·

When Does a Bail Hearing Take Place in Calgary?

Timeline for a Bail Hearing After an Arrest

In Calgary, once a person has been arrested, the question of bail arises almost immediately. Under the Canadian Charter of Rights and Freedoms, an accused individual has the right to a bail hearing within a reasonable time frame. Typically, a bail hearing must occur as soon as possible after the arrest, and the law generally mandates that this takes place within 24 hours.

Legal Requirement to Hold a Hearing Within 24 Hours

The Criminal Code of Canada (Section 503) stipulates that an individual must be brought before a judge or a justice of the peace for a bail hearing within 24 hours of their arrest, unless a hearing within that time frame is impractical due to weekends, holidays, or other unavoidable circumstances. This ensures the legal system respects the individual’s right to liberty and does not allow for arbitrary detention.

Exceptions to the 24-Hour Rule

While the 24-hour rule is generally enforced, there can be exceptions:

Complex Cases: If the case is particularly complex, the Crown or defence may request additional time to prepare.
Weekends and Holidays: If an arrest occurs on a weekend or holiday, the hearing may be held on the next business day.

However, any delay must be justified and reasonable to avoid violating the accused’s rights.

Calgary’s Bail Hearing Process

Bail hearings in Calgary are held in either the Calgary Provincial Court or the Calgary Court Centre. During the hearing, the Crown prosecutor and the defence lawyer (or duty counsel if the accused does not have a lawyer) present arguments about whether the accused should be released or detained until their trial.

If the accused is held in custody overnight, the hearing will typically occur the following day via video conference or in-person appearance.

Key Takeaways for Bail Hearings in Calgary

Timeliness: Expect a bail hearing within 24 hours of arrest unless justified delays occur.
Legal Rights: The process is designed to protect the accused’s right to not be detained unnecessarily.
Representation: Legal counsel is highly recommended to navigate the complexities of a bail hearing and argue for your release.

The Bail Hearing Process in Calgary

1. Initial Court Appearance

The bail hearing process begins with the initial court appearance. This is when the accused is formally brought before a judge or a justice of the peace. During this appearance, the charges are read, and the accused has the opportunity to consult with their lawyer or duty counsel if they do not have legal representation. The judge or justice of the peace will then determine if the bail hearing can proceed immediately or if it needs to be scheduled for a later time.

2. Presentation by the Crown Prosecutor

During the bail hearing, the Crown prosecutor presents arguments either in favour of or against the release of the accused. The Crown typically raises concerns related to:

Public Safety: Whether releasing the accused poses a risk to the public or specific individuals.
Flight Risk: The likelihood that the accused may not appear for future court dates.
Re-Offending: The risk that the accused might commit further offences if released.

3. Defence Lawyer’s Submissions

The defence lawyer (or duty counsel) will then present arguments advocating for the release of the accused. The lawyer will address the concerns raised by the Crown, providing reasons why the accused should be granted bail. These submissions may include:

Community Ties: Evidence that the accused has strong family or employment connections in Calgary.
No Previous Record: Demonstrating a clean criminal history or minimal past offences.
Proposed Bail Conditions: Offering conditions that mitigate concerns, such as staying with a family member or adhering to a curfew.

The goal is to convince the judge or justice of the peace that the accused can be trusted to comply with bail conditions and attend future court dates.

4. Conditions for Release

If the judge or justice of the peace decides to grant bail, they may impose specific conditions for release. These conditions are designed to manage risk and ensure the accused complies with legal obligations. Common bail conditions in Calgary include:

Curfew: The accused must remain at a specific address during certain hours.
No-Contact Orders: Prohibiting contact with specific individuals, such as witnesses or alleged victims.
Travel Restrictions: Limiting travel to within Calgary or Alberta.
Reporting Requirements: The accused may need to report regularly to a police station or bail supervisor.

5. Decision by the Judge or Justice of the Peace

The final decision on bail is made by the judge or justice of the peace after considering all submissions. Key factors influencing the decision include:

Nature and Severity of the Offence: More serious charges may lead to stricter conditions or detention.
Past Criminal Record: A history of failing to comply with court orders can impact the decision.
Public Safety and Victim Protection: Ensuring that releasing the accused does not pose a threat to others.

If bail is denied, the accused will remain in custody until their trial or until they can apply for a bail review.

Factors Considered During a Bail Hearing

1. Flight Risk

Flight risk is one of the primary factors considered during a bail hearing in Calgary. The judge or justice of the peace assesses the likelihood that the accused will fail to appear in court for future proceedings. Factors influencing flight risk include:

Past Behaviour: A history of missing court dates or breaching conditions.
Ties to Calgary: Strong community ties, such as family, employment, or property ownership, can reduce the perceived risk.
Severity of the Charge: The more serious the offence, the greater the incentive to flee.

2. Public Safety and Protection of the Victim

The Crown prosecutor will argue against bail if there is a risk to public safety or the protection of the victim. The judge considers:

Nature of the Offence: Violent crimes or offences involving threats may warrant detention.
Potential Harm: The likelihood that the accused may harm the victim or others.
Protective Measures: Whether conditions like no-contact orders can adequately protect the public.

3. Likelihood of Reoffending

The judge evaluates the risk that the accused may commit further offences if released. Considerations include:

Past Criminal Record: Previous convictions, particularly for similar offences.
Pattern of Behaviour: A history of breaching court orders or engaging in criminal conduct.
Mitigating Factors: Evidence of rehabilitation, community support, or proposed bail conditions to prevent reoffending.

4. Strength of the Evidence

The strength of the evidence against the accused is another crucial factor. If the Crown has a strong case, this may weigh against granting bail. However, if the evidence is weak or circumstantial, it may support the defence’s argument for release. The judge considers:

Witness Testimonies: Credibility and reliability of witness statements.
Physical Evidence: Whether there is clear, compelling evidence linking the accused to the crime.
Defence Arguments: Potential defences that could undermine the Crown’s case.

5. Community Ties and Employment

Strong community ties and stable employment can significantly influence the bail decision. The judge considers:

Family Support: Having family members in Calgary who can provide supervision or support.
Employment Stability: Holding a steady job or having employment prospects can show responsibility and reduce flight risk.

What Happens if Bail is Denied?

Options for Appealing the Decision

If bail is denied, the accused does not have to remain in custody indefinitely. There is an option to appeal the decision through a process known as a bail review. This appeal must be filed in the Court of King’s Bench of Alberta. A bail review allows a higher court to reconsider the original decision. The accused’s lawyer must demonstrate that there was an error in law, a significant change in circumstances, or that the original bail decision was clearly unreasonable.

Timeframe and Process for a Bail Review Hearing

The process for a bail review typically follows these steps:

Filing an Application: The defence lawyer files an application for a bail review, outlining the reasons for the appeal.
Preparing Materials: Both the Crown and the defence prepare written submissions and gather any additional evidence.
Hearing Date: A hearing date is set, which usually occurs within seven to fourteen days of filing the application.

Tips for a Successful Bail Hearing

1. Be Prepared and Honest

Preparation is key for a successful bail hearing. Work closely with your Calgary bail lawyer to gather all necessary documentation, such as proof of employment, character references, and community support letters. Being truthful and transparent during the hearing can significantly impact the judge’s decision. Any false information or inconsistencies can harm your credibility and reduce the likelihood of being granted bail.

2. Have a Reliable Surety Ready

A surety is someone who agrees to supervise the accused while they are out on bail and ensure they follow all conditions. In Calgary, having a reliable and responsible surety can improve your chances of release. Your surety should:

Be a Canadian citizen or permanent resident.
Have no criminal record.
Be prepared to testify in court about their ability to supervise you.
Be financially stable and willing to pledge an amount of money if bail conditions are breached.

3. Follow Legal Advice Closely

Your lawyer’s advice is based on experience and knowledge of the legal system in Calgary. Follow their guidance on what to say, how to present yourself, and how to address any concerns raised by the Crown prosecutor. Deviating from your lawyer’s strategy could weaken your case and lead to unfavourable outcomes.

4. Demonstrate Strong Community Ties

Showing that you have strong connections to the Calgary community can reassure the judge that you are not a flight risk. Examples of strong community ties include:

Employment: Providing proof of a steady job in Calgary.
Family: Demonstrating support from family members who reside locally.
Community Involvement: Evidence of volunteering, participating in community programs, or being part of religious or social groups.

The stronger your ties to the community, the more likely the court will believe you will comply with bail conditions and appear for future court dates.

FAQs About Bail Hearings in Calgary

1. How long does a bail hearing take in Calgary?

A bail hearing in Calgary typically lasts anywhere from 30 minutes to a few hours, depending on the complexity of the case and the number of arguments presented. In straightforward cases, the hearing can be concluded quickly, while more complex cases may require additional time.

2. What are the chances of being granted bail?

The chances of being granted bail depend on several factors, including the nature and severity of the offence, the accused’s criminal history, flight risk, and public safety concerns. In many cases, if the accused has strong community ties and no prior breaches of court orders, bail is more likely to be granted.

3. Can bail conditions be changed later?

Yes, bail conditions can be changed through a process known as a bail variation. This typically requires the consent of both the Crown prosecutor and the bail hearing lawyer. If the Crown does not consent, a formal application must be made to the court for a judge to review and potentially modify the conditions.

4. What happens if I violate my bail conditions?

Violating bail conditions is a serious offence and can result in being arrested and detained until trial. Additional charges, such as “failure to comply,” may be laid, which can impact future bail applications and lead to harsher penalties. It’s crucial to adhere to all conditions set by the court.