Ottawa's new bail reform law, coming into effect July 15, reverses the default presumption from release to detention for certain repeat or violent offenders, aiming to end the controversial 'catch-and-release' practice that has long frustrated police and the public.
Gergy Gorburn denied bail in violent kidnapping case
This week in Barrie, Gergy Anthony Gorburn, 51, was denied bail for the second time after he and four others from the GTA were charged in the violent kidnapping, torture and attempted murder of a Mississauga man held at an abandoned Orillia gas station. When the OPP rescued the victim, they alleged he’d been bound and beaten and was taken to a hospital in serious condition.
At his first bail attempt last December, Gorburn was ordered detained by the justice of the peace. At his recent bail review, Superior Court Justice Donna Kellway found the JP made no legal error and upheld the decision to keep him in custody pending trial. The evidence and reasons are covered by a routine publication ban, but it isn’t difficult to guess at least one reason: the public would be outraged that someone with his criminal past, now accused of such a vicious crime, could await trial from home.
Other suspects released on bail despite serious charges
On the night of Sept. 27, 2025, Orillia OPP responded to a 911 call about a suspicious vehicle and people wearing masks near an abandoned building. Officers found a U-Haul van and entered the building, discovering the bloodied victim, whose identity is protected by a publication ban. Five suspects were located inside and charged with kidnapping, forcible confinement and break-and-enter. Attempted murder charges were added 10 days later.
All but Gorburn were eventually released on bail, though one suspect was returned to custody after allegedly breaching conditions. According to CTV, Gorburn has a long criminal history of violent crimes that includes assault, robbery with a weapon and home invasion. He first appeared in the Toronto Sun in 2012, when he was arrested in Downsview on drug possession charges — allegedly 190 g of cocaine — and possession of a loaded, 9mm, semi-automatic handgun with 30 rounds of ammunition.
Gorburn was convicted of numerous firearm and drug offences and sentenced to 4 1/2 years in prison. In 2017, he appealed, arguing his trial lawyer should have challenged the Toronto Police search as unconstitutional. Ontario’s highest court disagreed.
Default option for bail soon to change
Despite his record, Gorburn had good reason to expect he could get bail — 'catch and release' has long been the order of the day, with courts’ default option to grant bail rather than hold people in overcrowded jails. Too often, those released have gone on to be arrested for more crimes, sometimes murder. The most shocking was the slaying of rookie OPP Const. Grzegorz Pierzchala by Randall McKenzie, who was out on bail at the time.
The ensuing outrage led the federal government to finally pass its long-promised bail reform law, effective July 15. The changes include a new reverse-onus provision for certain repeat or violent offenders, making jail — not bail — the default starting point for those accused of another offence. For example, anyone charged with their third violent crime or breaking into a home will have to show why they should be released, instead of Crown attorneys having to prove why detention is justified.
As Michele Mandel writes, "It’s a long time coming — and hopefully the end of the dizzying revolving door of justice."
