New criminal laws in Canada can affect an Ontario case, but the important question is whether a change applies to the specific charge, alleged conduct and court date involved. As of 2025, the most practical criminal law Canada updates today concern bail rules, sentencing law, release after sentence and the continuing effect of court decisions interpreting the Criminal Code and the Canadian Charter of Rights and Freedoms.

A news headline does not automatically change a pending case. Parliament may pass a Criminal Code amendment, a court may find a rule unconstitutional, or a bill may simply be proposed; those are very different things.

What has changed in Canadian criminal law—and what may affect an Ontario case

The laws that have changed in Canada may affect bail, available sentences or the way police and prosecutors handle a case, but the applicable law depends on the allegation and timing. Counsel must check the wording in force when the alleged offence occurred, any transition provisions, and later decisions from the Supreme Court of Canada or the Court of Appeal for Ontario.

Bill C-75 made important bail and sentencing-related changes, including a stronger statutory direction to release an accused person at the earliest reasonable opportunity and on the least onerous appropriate conditions. Bill C-48 later added reverse-onus bail provisions in specified situations.

Some frequently described “new” offences are not recent. For example, distributing an intimate image of a person without their consent has been an offence under section 162.1 of the Criminal Code for years. The fact that an allegation involves a phone, social media or a private message does not make the legal analysis simple; police must still prove the required elements beyond a reasonable doubt.

Bill C-48 and bail in Ontario

Bill C-48 is law and expands reverse-onus bail rules for certain allegations and circumstances. A reverse onus does not mean automatic detention: it means the accused may have to show why detention is not justified, while the justice or judge still makes an individualized decision.

At an Ontario bail hearing, the court considers whether detention is necessary to ensure attendance in court, protect the public or complainant, or maintain confidence in the administration of justice. The legal framework appears principally in section 515 of the Criminal Code. A prior record, an alleged breach, a weapon allegation, an intimate-partner context, the strength of the Crown’s case and a workable release plan can all matter.

A person facing a hearing should preserve every document received at the police station and tell counsel about housing, employment, treatment, proposed supervision and any person willing to act as a surety. A bail hearing lawyer Toronto can assess the allegations, proposed conditions and evidence needed to address the Crown’s concerns.

For example, consider someone charged with an assault-related offence after an argument with a former partner and who has a prior conviction involving the same partner. The court may require a detailed plan addressing where the person will live, how no-contact terms will work, and who will supervise compliance. The next court date may be set after release, but the exact timing depends on the local Ontario court and the charge.

Is Canada’s “catch and release” law real?

Canada’s “catch and release” law is a political label, not a Criminal Code rule. The law starts from the presumption of innocence and generally requires police and courts to consider release rather than detention where release is appropriate.

After arrest, police may release a person with an undertaking or other process, or keep the person for a bail hearing. Bill C-75 did not generally require more accused people to attend bail hearings; it reinforced the principle of restraint and release at the earliest reasonable opportunity on appropriate conditions.

The result can differ sharply from case to case. A person charged with a first, non-violent allegation and stable local ties may have a very different bail analysis from a person accused of breaching an existing order, possessing a weapon, or committing an alleged offence in an intimate-partner setting. Release conditions are court orders, so an alleged breach can lead to a new charge and can affect later bail decisions.

How criminal sentencing works in Canada

Criminal sentencing in Canada is individualized and must be proportionate to the seriousness of the offence and the offender’s degree of responsibility. Sentencing is not determined by a chart, a headline, or another person’s sentence alone.

Judges consider the purposes of sentencing in section 718, including denunciation, deterrence, rehabilitation, reparation and promoting responsibility. They also weigh factors influencing sentencing, such as the harm caused, planning, use of a weapon, a record, acceptance of responsibility, remorse, treatment efforts, age, health, family circumstances and prospects for rehabilitation.

Both Crown and defence may make sentencing submissions and file materials such as letters, employment information, treatment records, a pre-sentence report or a Gladue report. For Indigenous offenders, section 718.2(c) requires the court to consider all available sanctions other than imprisonment that are reasonable in the circumstances, with particular attention to the circumstances of Indigenous offenders.

For example, two people may both plead guilty to theft under $5,000, yet receive different sentences. A first offender who promptly repays the loss and completes counselling may present different mitigating circumstances than a person with repeated similar convictions who breached probation. Neither result can be predicted reliably without the full facts and current law.

What can be the shortest sentence?

There is no single crime that always receives the shortest sentence. The available outcome depends on the offence, the facts, the person’s record, the applicable statutory restrictions and the sentencing principles.

Depending on the case, non-custodial outcomes can include an absolute or conditional discharge, a suspended sentence with probation, a fine, or probation after another disposition. A discharge is not available for every offence, and it differs from a conviction. Custody may range from a short intermittent sentence where legally available to a penitentiary sentence, but eligibility must be assessed charge by charge.

How multiple offences affect a sentence

Multiple convictions can increase the overall sentence, but the judge must still impose a fit and proportionate total sentence. The number of offences matters, but so do their nature, the harm involved, whether they were part of one event, and whether separate victims were affected.

Under the totality principle in section 718.2(c), where consecutive sentences are imposed, the combined sentence must not be unduly long or harsh. A judge may impose concurrent sentences, served at the same time, or consecutive sentences, served one after another, depending on the relationship between the offences and the overall circumstances. See the general criminal law faq for related terms used in Canadian criminal cases.

For example, consider someone convicted of three break-and-enters committed on separate dates against separate businesses. Consecutive terms may be considered because the incidents are distinct, but the court must step back and assess whether the total sentence is proportionate. That final totality check is important when asking how the number of offences affects sentencing in Canada.

Conditional sentences, mandatory minimums, and treatment-focused sentencing

Conditional sentences and mandatory minimum penalties must be matched to the exact offence, date and facts, not assumed from a general news report. Whether a conditional sentence order is legally available turns on the current wording of section 742.1 of the Criminal Code, the offence and the proposed sentence.

A conditional sentence is a sentence served in the community under strict court-ordered conditions; it is not simply probation and it is not available automatically. Some mandatory minimum provisions have been struck down or changed, while others remain. Counsel should verify the current provision before a plea or sentencing hearing.

Mental-health care, addiction treatment, restorative steps and stable community support can be relevant rehabilitation evidence. They do not erase an allegation or guarantee a particular sentence, but they may be important sentencing material.

How much of a sentence is served: early release and parole

Early release and parole are separate from the sentencing judge’s choice of sentence and depend on correctional law and the individual case. A person should not rely on a simple percentage when deciding how to plead or what sentence to seek.

For federal sentences of two years or more, parole and statutory release are governed by the Corrections and Conditional Release Act and decisions of the Parole Board of Canada. Eligibility for full parole is often calculated at one-third of the sentence, while statutory release is generally at two-thirds, subject to important exceptions and decisions that may keep a person in custody. Provincial sentences of less than two years operate in a different correctional system.

Bail is pre-trial release, not parole. Sentence planning also differs from sentencing submissions: counsel must first address what sentence the court may impose, then explain the correctional consequences accurately.

Other Criminal Code updates that may arise in a case

Non-consensual distribution of intimate images can lead to criminal consequences where a person knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image without the depicted person’s consent. Police may also seek evidence from devices and online accounts, so a person accused should not delete, alter or discuss potentially relevant material without legal advice.

Extreme intoxication is a limited and legally complex issue, not a general defence based on being drunk or high. Section 33.1 addresses violent offences and the circumstances in which a person may be criminally responsible despite self-induced extreme intoxication; its application requires close review of the evidence and current case law.

Can you go to jail for hate speech in Canada? Some allegations may lead to Criminal Code charges, including offences concerning advocating genocide or publicly inciting or wilfully promoting hatred in specified circumstances. The exact provision, Charter issues, available defences and any legislative developments require charge-specific review.

What to do if you have been accused

If you have been accused, protect your rights immediately and comply with every release condition. Early advice can prevent an avoidable breach allegation and help ensure the court receives accurate information about the current law and your circumstances.

1. Use your right to remain silent. Give police identifying information where legally required, but do not try to explain the allegations or provide a detailed statement before getting legal advice.
2. Ask to speak with counsel. You have the right to be informed promptly of the reasons for arrest or detention and to retain and instruct counsel without delay under the Canadian Charter of Rights and Freedoms.
3. Keep your paperwork. Save the undertaking, release order, appearance notice, property receipt and every court date. Read conditions carefully, especially no-contact, no-go, curfew and device-related terms.
4. Do not contact complainants or witnesses. Avoid direct messages, social-media posts, third-party messages and electronic discussion of the allegation. A well-intended message can be treated as a breach or interference with the case.
5. Get disclosure and prepare properly. Defence counsel can seek disclosure, assess the evidence, review bail conditions, identify Charter issues and assemble sentencing materials if the case reaches that stage.

A criminal lawyer Toronto can review the charge, the current Criminal Code provisions and the practical next step in an Ontario court.

Speak with a Toronto criminal defence lawyer

Bail rules, sentencing options and recent criminal-law changes can matter early in a case, often before the first court appearance. Getting advice promptly can help you understand your release conditions, preserve relevant information and prepare for what happens next.

Call 647-351-HELP (4357) or book a free consultation to discuss your case with Jeffrey I. Reisman.