Normally the Crown must show why an accused person should be held. In a "reverse onus" case, that burden flips: the accused must show why detention is not justified. Since July 15, 2026, more charges fall into this category.

Newly added reverse onus situations

• Auto theft that is violent or linked to organized crime
• Breaking and entering a home
• Human trafficking and human smuggling
• Assault or sexual assault involving choking, suffocation or strangulation
• Extortion involving violence
• A serious violent offence where the accused has two or more prior convictions for similar offences

The existing reverse onus for offences where violence was used, threatened or attempted with a weapon now looks back 10 years for prior convictions instead of five. The law also creates a reverse onus where the Crown asks to revoke bail after a finding of guilt, pending sentencing.

What this means at the hearing

A reverse onus does not mean bail is impossible. It means the defence has to come prepared with evidence: reliable sureties who testify, a stable residence, a realistic supervision plan, and conditions that directly answer the concerns about the charge. In these cases the plan is not a formality — it is the case.