Holding Our PoliticiansACCOUNTABLE
You Betcha! Logo - Click to return home
← Back to All Promises

Make it harder to get bail for those charged with violent car theft, car theft for a criminal organization, home invasion, and certain human trafficking and smuggling offences

Status:NOT STARTED

Promised: 2025-04-XX

Last Updated:

Fact-Check: Mark Carney's Promise to Implement Reverse Onus Bail for Violent Car Thefts, Home Invasions, and Human Trafficking Offences

Background on the Promise

During the 2025 federal election campaign, Mark Carney, as Liberal Party leader, pledged to make it harder to obtain bail for individuals charged with specific serious offences. This included violent car theft, car theft committed for a criminal organization, home invasion, and certain human trafficking and smuggling offences. The mechanism proposed was to establish a reverse onus system, shifting the burden of proof onto the accused to demonstrate why they should be granted bail, rather than the Crown having to prove why bail should be denied.

This promise was part of a broader Liberal platform on public safety, aimed at addressing rising concerns over organized crime, auto thefts, and violent offences, particularly in regions like the Greater Toronto Area where crime issues influenced electoral outcomes.

Actions Taken by the Carney Government

Since taking office in May 2025 following the April election, Prime Minister Mark Carney's government has moved to advance this promise through announcements and preparatory steps. In April 2025, shortly after the election call, Carney outlined the plan in campaign materials and public statements, emphasizing stricter bail laws to curb repeat offenders in these categories.

By June 2025, Justice Minister Sean Fraser confirmed that the government would table a comprehensive crime bill in the fall session of Parliament. This bill is intended to introduce tougher bail conditions and sentencing provisions specifically targeting organized crime, human trafficking, home invasion, and car theft, including violent variants and those linked to criminal organizations. Fraser explicitly mentioned incorporating measures to make bail more difficult for these offences, aligning with the reverse onus approach promised during the campaign.

In July 2025, Carney met with provincial premiers during their summer retreat, where bail reform was a key agenda item. Premiers, including Ontario's Doug Ford, expressed support and expectations for the legislation to be introduced in the fall, with Carney reaffirming the commitment. These discussions highlighted the government's intent to address provincial concerns over rising car thefts and home invasions, often linked to organized crime and human trafficking.

Legislation Proposed or Passed

As of August 29, 2025, no legislation has been formally tabled or passed in Parliament related to this promise. The proposed crime bill, announced by Justice Minister Fraser, is scheduled for introduction in the fall parliamentary session, which typically begins in September. Reports indicate that the bill will include provisions for reverse onus bail specifically for violent car theft, car theft for a criminal organization, home invasion, and designated human trafficking and smuggling offences.

No prior bills under the Carney administration have addressed these exact reforms, as the government is in its early months. However, the promise builds on ongoing discussions from the previous Liberal government, with Carney's team prioritizing it post-election due to public and provincial pressure.

Progress on Specific Elements of the Promise

The promise breaks down into key offences: violent car theft, car theft for a criminal organization, home invasion, and certain human trafficking and smuggling offences. For each, the government has signaled inclusion in the upcoming bill. Announcements specify that reverse onus will apply, making bail harder by requiring the accused to justify release.

Critics, including the Conservative Party, have accused the government of delays, but official statements maintain the fall timeline. If the bill is tabled as planned and includes these elements, it would fulfill the promise upon passage and royal assent. However, as the fall session has not yet begun, implementation remains pending.

Potential Path to Fulfillment or Failure

This promise is currently in progress, with announcements and planning underway but no legislative action completed. To become kept, the government must table the bill in the fall 2025 session, ensure it incorporates reverse onus for the specified crimes, pass it through Parliament, and secure royal assent, ideally before the end of 2025 or early 2026.

It could be at risk of being broken if the bill is delayed beyond the fall, watered down to exclude key offences or the reverse onus mechanism, or fails to pass due to opposition in the minority government context. If no bill materializes by the end of the fall session, it might shift to broken or not started status.

Overall Status

This promise is in progress.

Sources

← Back to All Promises