On October 23, 2025, the Department of Justice Canada announced in a news release that they were introducing sweeping reforms to the criminal justice system. Included in these proposed changes were provisions which toughen sentencing laws, through consecutive sentences and aggravating factors for certain criminal conduct.

This blog provides an overview of these proposed changes, and how they will impact individuals charged with criminal offences in Canada.

Stricter Bail Laws for Car Theft and Organized Crime

The Canadian government has identified car theft and organized crime as two major areas needing to be addressed by stronger legislation.

The Canada Border Services Agency reportedly intercepted a total of 2,277 stolen vehicles from railyards and ports in 2024, and has since established a 24/7 central point of contact for police to coordinate stolen vehicle requests.

This statistic has underscored the importance of addressing car theft and organized crime, and the government has chosen to address those issues through tougher bail and sentencing conditions for offenders.

As an example, the government’s newly introduced provisions include “reverse onus” bail hearings, which require an accused to prove bail eligibility for serious offences including violent auto theft and organized crime.

These provisions shift the burden of proof away from the Crown, who would otherwise be required to prove that the individual is a flight risk, is a risk to the public or victims, or that detention is otherwise necessary to maintain public confidence in the justice system.

If an accused individual is released on bail for car theft, the court would be required under the new laws to consider imposing certain conditions when granting bail. These new required considerations include geographic limitations and potential curfews for an accused individual.

The new legislation also provides stricter laws if an accused is convicted of car theft or organized crime. If passed, the court will be required to give primary considerations to the sentencing objectives of denunciation and deterrence for second and subsequent convictions for violent auto theft, break and enter, and organized crime-related offences.

Car theft

Tougher Sentencing Laws for Repeat and Violent Crime

Under the proposed Bail and Sentencing Reform Act, sentencing laws for repeat and violent crime are being strengthened, which includes crimes involving violent auto theft, break and enter, extortion, and arson.

These proposed provisions would require individuals to serve consecutive sentences for a combination of these offences. This means that instead of serving sentences for each offence at the same time, an individual will serve these offences one after the other. These new provisions will also require the court to consider conduct such as organized retail theft and offences against essential infrastructure as “aggravating factors” for sentencing.

Consecutive Sentences for Violent Auto Theft and Break and Enter

One of the central changes proposed by the Canadian government in their newly tabled legislation is to introduce tougher sentencing laws for repeat and violent crimes. Under the current Criminal Code, the court is required to consider the following factors as potential “aggravating factors” which would tend to increase the sentence of an individual:

  • that the offender has a criminal record
  • that the offender targeted children
  • if the offence was related to organized crime, or motivated by hate
  • if the case involves domestic violence

Included in the newly proposed provisions are the addition of further aggravating factors for certain types of conduct, which a court will consider as potentially increasing sentences for crimes. These additional aggravating factors include:

  • repeat violent offenders with a previous conviction for a violent offence within five years
  • offences committed against victims who are first responders
  • organized retail theft (e.g., robbery, break and enter, possession of property obtained by crime)
  • offences interfering with essential infrastructures (e.g., copper theft)

The newly proposed legislation will significantly expand the use of consecutive sentences for car theft and organized crime related offences, which will in turn have a significant impact on the rights of individuals charged with these crimes.

Aggravating Factors for Organized Retail Theft and Essential Infrastructure Offences

In addition to stricter bail and consecutive sentencing laws, the newly proposed provisions will also introduce aggravating sentences for individuals convicted of organized retail theft and offences involving essential infrastructure. That is, the court will give the accused individual a harsher sentence if their conduct constitutes organized retail theft or an offence against essential infrastructure.

“Organized retail theft” includes situations where an individual has committed a robbery in a retail store, an individual possesses property obtained through a crime against a retail store, and where an individual commits a break and enter involving a retail store. These types of offences will be considered to be an aggravating factor in sentencing, and these new provisions signify the government’s intention to crack down on retail theft in Canada.

Offences relating to “essential infrastructure” involve those which disrupt Canada’s vital systems and assets which impact its security, economy, safety and public health. Under the new laws, a court will treat offences involving essential infrastructure as an aggravating factor in sentencing. The Canadian government has highlighted the theft of copper as one example of an offence involving essential infrastructure, due to the importance of copper to Canada’s economy and security.

Impacts on Defence and the Justice System

The new Bail and Sentencing Reform Act could have a significant impact on individuals who have been charged with a wide range of offences under the Criminal Code. The introduction of consecutive sentencing for specific offences heightens the stakes for accused individuals, and demands more rigorous defence strategies. For example, longer sentences will highlight the importance of plea bargaining in reaching an amicable solution with the Crown for an accused individual’s charges.

It is crucial that individuals charged with criminal offences retain competent legal professionals  who are familiar with the newly proposed provisions, so that they can be prepared to deal with the potential impacts arising from the changes. The lawyers at Strategic Criminal Defence are highly experienced with adjusting to Criminal Code changes, and are prepared to assist you with navigating the complexities of the newly proposed sentencing provisions.

Frequently Asked Questions 

The newly proposed consecutive sentencing laws aim to toughen penalties for repeat and violent offenders by requiring individuals to serve consecutive (one after the other) sentences for serious crimes such as violent auto theft, human trafficking, and certain sexual offences. While a majority of sentences are served concurrently, the Criminal Code grants courts discretion to impose consecutive sentences for certain offences.

Under the proposed amendments, the Canadian government has introduced new provisions which expand the offences which consecutive sentences apply to. For example, a sentence for violent or organized crime-related auto theft must be served consecutively with a sentence for break and enter under the new law.

These sweeping reforms are indicative of the government’s prioritization of addressing increased car thefts and the continued prevalence of organized crime related to car thefts in Canada.

In their newly proposed legislation, the Canadian government has heavily targeted individuals who have been charged or convicted with car theft and organized crime offences:

  • First, the government has introduced “reverse onus” bail provisions, which would require an accused to prove eligibility for bail in the case of serious offences including violent auto thefts. These provisions act as shifting the burden away from the Crown, who would otherwise be required to prove that the accused individual should not be granted bail.
  • Second, if an individual is released on bail for auto theft, the new provisions will require the court to consider certain conditions on the accused. These required considerations will include whether to impose geographic limitations on the accused, as well as instilling court-ordered curfews.
  • Third, under the new legislation the court will also be required to place primary importance in the sentencing objectives of denunciation and deterrence, where they are sentencing an accused for second or subsequent convictions of car theft and organized crime cases. This new approach makes it clear that the Canadian government intends to address repeat offenders involved in organized car theft.

These proposed amendments highlight the importance of retaining competent legal counsel where an individual has been charged with car theft offences. Strategic Criminal Defence has extensive experience in defending clients accused of organized cart theft, and are ready to assist you with your defence against these types of charges.

The government’s sweeping reforms to the criminal justice system will have a profound impact on defence strategies. The prospect of tougher bail, additional aggravating factors, and consecutive sentences, highlight the importance of informal resolution processes such as plea bargaining. The importance of retaining competent and experienced legal counsel is also highlighted by the new provisions.

A skilled lawyer can assist you in negotiations with the Crown and case preparation, to ensure that you are able to obtain the best possible result for your defence.