Canada Overhauls Criminal Code to Strengthen Victim Protections: What You Need to Know
- Sahil Bhardwaj
- Dec 19, 2025
- 4 min read
The Government of Canada has introduced one of the most significant updates to the Criminal Code in generations. The proposed Protecting Victims Act, along with complementary bail and sentencing reforms, aims to enhance protections for victims of violent crime, especially in the context of modern threats such as intimate partner violence, sexual violence, and technology-facilitated predation. This suite of changes redefines how the justice system handles bail, sentencing, and certain crime classifications.
In this article, we outline:
Key changes in the Criminal Code reforms
What these changes mean for victims and the justice system
How they affect accused individuals and defence strategy
Implications for bail and sentencing practices
1. Why These Changes Matter Now
The federal Minister of Justice and Attorney General of Canada, the Honourable Sean Fraser, described the Protecting Victims Act as one of the most consequential criminal law reforms in decades. The changes respond to rising concerns about violent crime, intimate partner violence, and long-standing issues with court delays that have left victims without resolution or justice.
These reforms are part of a broader effort to:
Better protect survivors of sexual and gender-based violence
Strengthen legal responses to violent and predatory conduct
Modernize bail and sentencing frameworks
Reduce systemic delays that harm victims’ interests
2. What Specific Criminal Code Changes Are Proposed
A. Enhanced Offence Classifications
One of the most significant elements of the Protecting Victims Act is redefining certain violent offences to reflect their gravity. For example:
Murders motivated by hate, gender-based violence, or intimate partner coercion may now be classified as first-degree murder even without prior planning and deliberation.
These murders, often targeting women, reflect a legislative response to disproportionate rates of intimate partner homicides, where women are significantly over-represented among victims.
B. New Offences Targeting Coercive Conduct and Technology Abuse
The reforms propose criminalizing patterns of coercive or controlling behaviour within intimate partnerships as a standalone offence, allowing earlier intervention before violence escalates. Additional elements target harmful digital conduct, including the distribution of non-consensual intimate images or technology-facilitated abuse.
C. Stricter Bail Laws
Under the Bail and Sentencing Reform Act, bail provisions will be tightened to make release more difficult for violent and repeat offenders:
Reverse onus provisions require the accused to demonstrate why they should be released on bail in certain cases, effectively shifting the burden to the defence.
Courts must consider violence, previous convictions, and public safety more explicitly when assessing bail.
The traditional ladder principle and principle of restraint may be clarified to ensure public safety takes precedence where justified.
These proposed bail reforms are intended to keep accused individuals who pose a risk to the public in custody until trial, reducing opportunities for reoffending.
D. Tougher Sentencing Provisions
Sentencing reforms complement the bail changes by:
Increasing penalties for violent, organized, and repeat offending
Encouraging consecutive sentencing for multiple indictable offences
Clarifying sentencing principles to better reflect denunciation and deterrence objectives
These adjustments reflect a policy emphasis on both victim safety and community protection.
3. How These Reforms Affect Victims’ Rights
For victims and survivors, the reforms aim to:
Provide stronger legal recognition of the severity of gender-based and intimate partner violence
Enhance the justice system’s responsiveness, including avoiding stays or dismissals that leave victims without closure
Ensure courts have tools to prioritize safety when considering bail or sentencing
Address damaging delays, particularly under constitutional timelines that previously limited how long cases could proceed before dismissal
The goal is to ensure victims are not re-traumatized by procedural gaps and to offer more meaningful protections overall.
4. What Defendants & Lawyers Should Know
These reforms do not change the fundamental rights of the accused, such as the presumption of innocence, but they do:
Increase Crown leverage at bail hearings
Make it harder to obtain release in serious cases
Heighten sentencing exposure for repeat or violent offending
Encourage defence counsel to anticipate reverse onus tests early in bail strategy
In practice, defence teams may need to prepare more robust bail plans, emphasizing community ties, release conditions, and rehabilitation prospects. Understanding the evolving landscape is essential for effectively protecting clients’ rights.
5. Implications for Criminal Practice and Strategy
A. Bail Strategy Adjustments
Traditionally, defence counsel could argue for bail based on the principle that conditions should be the least restrictive necessary. Under the new approach:
Courts may consider public safety as a primary factor
Reverse onus placements increase the evidentiary burden on the accused
Defence strategy must emphasize credible, structured release plans
Defence lawyers should be prepared to address these issues proactively at first appearance hearings.
B. Sentencing Advocacy
The sentencing landscape is shifting toward:
Greater emphasis on denunciation and deterrence
Longer or consecutive penalties where justified
Reduced flexibility for community-based sentencing for some violent crimes
Effective advocacy will require robust mitigation evidence — including rehabilitation efforts, support networks, and steps taken to address underlying issues — to counterbalance statutory trends.
6. What This Means for Ontario Clients
Clients in Ontario should understand that:
These federal reforms will apply nationally but will intersect with provincial court practices
Defence counsel needs to be prepared for stricter bail regimes
Victims may have enhanced voice and protection in proceedings
Both defence and prosecution strategies will likely evolve as courts interpret the new provisions
For anyone facing criminal charges, understanding these reforms is critical, whether navigating bail, building a defence, or helping victims understand their options.
Conclusion
Canada’s recent Criminal Code reforms mark a major shift in how the justice system balances victim protection with accused rights. By introducing new offence classifications, tightening bail standards, and strengthening sentencing rules, Parliament has signalled a clear priority: ensuring justice reflects modern realities and prioritizes safety.
If you or a loved one is affected by these changes, whether you are facing criminal charges or advising someone who is, speaking with an experienced criminal lawyer in Ontario is crucial to understanding how these reforms impact your case.
At Bhardwaj Law, we’re here to help. Contact us today to discuss how these changes might affect you or someone you care about.
Vote in our poll below, tell us which reform matters most to you!
Stricter bail rules and reverse onus provisions
Tougher sentencing and consecutive penalties
New offence categories (coercive control, femicide, deepfake
Expanded protections for victims and children
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