Bail Hearings in Brampton: When the Reverse Onus Applies in Peel Region
In most bail hearings, the Crown has to justify keeping someone in custody. But in a growing list of situations, the Criminal Code flips that burden, and the accused has to show why they should be released. If someone you know has been arrested in Peel Region and the Crown is saying it is a “reverse onus” case, this article explains what that means, when it applies, and what it takes to meet it at the Brampton courthouse.
The Brampton Courthouse
Bail hearings for Peel Region are dealt with through the courthouse at 7755 Hurontario Street, Brampton, ON L6W 4T1, which houses both the Ontario Court of Justice and the Superior Court of Justice. Most charges in Brampton and Mississauga are laid by Peel Regional Police, and charges in Caledon by the OPP. For directions, parking, and security, see our Brampton courthouse guide.
Who Normally Carries the Burden
The default rule is in section 515(1). The justice must release the accused without conditions unless the Crown shows cause why detention, or a more restrictive release, is justified. Detention can only be justified on the grounds in section 515(10): to ensure attendance in court, to protect the public, or to maintain confidence in the administration of justice.
That default reflects the presumption of innocence and the right in section 11(e) of the Charter not to be denied reasonable bail without just cause.
What the Reverse Onus Requires Today
Section 515(6) lists situations in which the justice must order detention unless the accused shows cause why detention is not justified. As the section currently reads, the accused meets that burden by clearly demonstrating that their proposed release plan addresses the risks posed by the accused as they relate to the three grounds in section 515(10).
That wording puts the release plan at the centre of the hearing. It is not enough to argue in general terms that the accused is a good person or that the Crown’s case is weak, although the strength of the case still matters. The plan itself has to answer, clearly, the specific risks the Crown raises.
Two other features of a reverse onus hearing matter:
- The ladder does not apply. In an ordinary hearing, section 515(2.01) requires the Crown to justify each step up from the least onerous form of release. Section 515(2.04) says that rule does not apply to an accused facing a reverse onus. The justice can go directly to a surety or other more demanding terms.
- Restraint is narrowed, not gone. Section 493.11, added in 2026, says the justice is not to give primary consideration to release at the earliest reasonable opportunity where the accused faces a reverse onus. But if the accused is released, the conditions must still be the least onerous ones appropriate to the risks (s. 493.11(2)(d)), and section 493.2 still requires particular attention to Indigenous accused and accused from overrepresented, disadvantaged populations. The burden shifts; the principles do not disappear.
Common Reverse Onus Situations
The full list in section 515(6) is long and has grown over time. The situations families encounter most often include the following.
A New Charge While Already on Release
If the accused is charged with an indictable offence allegedly committed while on release for another indictable offence, the onus is reversed (s. 515(6)(a)(i)). This is one of the most common triggers.
Breach and Failure to Appear Charges While on Release
A charge of failing to attend court or failing to comply with a release order, allegedly committed while on release for another offence, also reverses the onus (s. 515(6)(c)). Our article on breach of bail conditions explains those charges. If the original release is also cancelled under section 524, a separate reverse onus can apply there too.
Intimate Partner Violence With a Prior History
The onus is reversed where the charge involves violence against an intimate partner and the accused either has a prior conviction or discharge for intimate partner violence, or was on a peace bond obtained on behalf of an intimate partner at the time (s. 515(6)(b.1)). For more on these cases, see our guide on being charged with domestic assault.
Choking or Strangulation
Assault and sexual assault charges in which the accused is alleged to have choked, suffocated, or strangled the complainant carry a reverse onus (s. 515(6)(a)(ix)).
Firearms and Weapons
Several firearms offences reverse the onus, including offences under sections 95, 98, 98.1, 99, 100, 102, and 103, certain violent offences allegedly committed with a firearm, and weapons offences allegedly committed while under a prohibition order (s. 515(6)(a)(vi) to (viii)). There is also a reverse onus for violent offences involving a weapon where the accused has a qualifying prior conviction within ten years (s. 515(6)(b.2)). See our firearms practice page.
Repeat Violent Offending
An indictable offence involving violence that would be the accused’s third or subsequent violent indictable offence triggers a reverse onus (s. 515(6)(a)(xii.1)).
Other Listed Offences
The list also includes certain drug offences punishable by life imprisonment under sections 5 to 7 of the Controlled Drugs and Substances Act (s. 515(6)(d)), criminal organization and terrorism offences, human trafficking, extortion involving violence, certain motor vehicle theft offences under section 333.1, breaking and entering a dwelling-house where a person is present under section 348(1)(d), and indictable offences where the accused is not ordinarily resident in Canada (s. 515(6)(b)). For drug cases, see our drug trafficking page.
Murder
For murder and the other offences listed in section 469, only a Superior Court judge can grant bail, and section 522(2) places the burden on the accused using the same “clearly demonstrating” language.
Whether a reverse onus actually applies is not always obvious. The Crown sometimes asserts one based on how the police have characterized the charge. It is worth checking the specific subsection, the specific prior record, and the specific release status before accepting that the burden has shifted.
Building a Plan That Meets the Burden
Because the test now turns on whether the plan clearly addresses the risks, preparation is everything. In our experience, strong reverse onus plans share these features.
They Address the Trigger Directly
If the trigger is a new charge while on release, the plan needs to explain why the next release will work when the last one did not. That might mean a different residence, a new and stronger surety, or treatment that was not in place before. Ignoring the obvious question does not make it go away.
They Use Evidence, Not Assurances
A confirmed residence, a surety who has sworn a declaration under section 515.1 and can testify credibly, a letter from an employer, and a confirmed treatment intake date all carry weight. “He’s going to stay with his cousin and look for work” does not.
They Match Supervision to the Risk
In a reverse onus case, the court may expect more supervision than in an ordinary hearing. That can mean a surety who is home most of the time, a residence condition, a curfew, or electronic monitoring in some cases. The plan should propose what the risk genuinely calls for.
They Account for the Money
Sureties should only pledge what they could afford to lose. Ontario’s cash deposit requirement was suspended by a Superior Court injunction on August 31, 2026, so the pledge system currently applies, but that could change. Our article on Ontario’s cash bail deposit rules has the details.
The Hearing Itself
The accused carries the burden, so the defence usually presents its evidence first, often through surety testimony. The Crown will cross-examine the sureties closely on their knowledge of the allegations and record, their ability to supervise, and whether they would call police on a breach. The Crown can also lead evidence of the accused’s record, outstanding charges, and the circumstances of the offence (s. 518(1)(c)).
The accused cannot be questioned about the offence unless they testify about it (s. 518(1)(b)), which is one reason the accused rarely testifies at a bail hearing.
If Bail Is Denied
A detention order can be reviewed in the Superior Court of Justice under section 520. The review is not an automatic rehearing: it generally requires an error by the justice below or a material change in circumstances, such as a new surety or a better plan. Once a review has been heard, section 520(8) generally bars another one for 30 days without leave. Our article on bail reviews and 90-day detention reviews covers the process.
What This Means for You
A reverse onus changes who has to prove what, but it does not make release impossible. It means the plan has to be ready, specific, and supported by evidence before the hearing starts.
How Mor Fisher Can Help
Mor Fisher LLP appears for clients at the Brampton courthouse and in bail court across the GTA. On reverse onus files we check whether the onus actually applies, interview and prepare sureties, gather supporting documents, and build a plan aimed at the specific risks the Crown will raise. See our Brampton location page for more.
If someone is being held for bail in Peel Region, contact Mor Fisher LLP at 705-721-6642 or through our contact page. Our in-custody line is 833-527-5369 (toll free). In a reverse onus case, the plan has to be ready before the hearing, so the earlier we can speak with the proposed sureties, the better.