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Guides · 2024 bail changes

What do the 2024 bail changes (Bill C-48) mean for families in Ontario?

What usually happens, in plain words, for the person charged and the family.

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Written by Ali Sheikh, founder of Remandly (not a lawyer) · Published under a standard reviewed by an Ontario-licensed criminal lawyer, called to the bar in 2017.

Last reviewed September 22, 2026 · Updated October 11, 2026

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What does “reverse onus” mean?

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 did the 2024 changes affect?

Broadly: certain repeat violent offences involving a weapon, certain firearms offences, and intimate-partner violence where there is a prior conviction or discharge. 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 in 2024?

The basic questions the court asks, the right to a hearing, the right to a review. A plan ready before court opens is stronger than one put together after.

What is different for families since 2024?

Since 2024, more charges carry a reverse onus, so the surety, address and plan matter more at the first hearing. Families usually need a surety, an address and the release paper ready before the hearing.

What do we see since the 2024 changes?

The 2024 amendments widened the situations where the person charged must show why release is appropriate. In practice, the plan needs to be stronger, so it is worth having it ready before the hearing. When you call, the questions start with the charge and whether it falls into one of those situations.

What do people ask about the 2024 bail changes?

Do I have to talk to the police?

No — a person does not have to answer police questions, whether that’s in person, at a station, or over the phone. You can confirm identifying information if asked, but you’re not required to explain, discuss the events, or answer follow-up questions.

What does a surety do?

A surety is an adult who tells the court they will supervise a person released on bail and who pledges an amount of money as a promise that the rules will be followed. Two things are involved: making sure the person sticks to every condition of release, and risking loss of the pledged amount if they don’t.

Sources

Justice Laws Website, accessed September 25, 2026
Department of Justice Canada, accessed September 25, 2026
Department of Justice Canada — Amendments to strengthen Canada’s bail system (former Bill C-48), accessed October 9, 2026
Ontario Court of Justice, accessed September 25, 2026

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