A recently implemented bail law in Ontario mandates that individuals accused of crimes must provide a cash security deposit as a condition for their release from custody. This new regulation is part of a broader initiative by the Ford government aimed at tightening the bail system. Under this legislation, individuals granted bail are required to pay the full amount pledged to the court within two business days.
The provincial government justifies this change by claiming that it enhances accountability by ensuring that financial consequences are immediate in cases where bail conditions are breached or court appearances are missed. Ontario Solicitor General Michael Kerzner emphasized that “bail conditions are not suggestions, they are court orders, and there must be real consequences when they are broken.”
Previously, a cash deposit was not a requirement if the accused was released on a promise to pay, creating what government officials described as “unnecessary barriers to enforcing bail orders and recovering forfeited bail money.” The new regulations now also permit garnishing wages and bank accounts, imposing property liens, and seizing and selling property to ensure compliance with bail conditions.
Another significant amendment to the bail system involves the obligations of sureties—individuals who agree to ensure the accused honors their bail conditions. Sureties must now provide updated identification and contact information regularly; failure to do so could lead to charges under the Provincial Offences Act.
The reformed legislation, which took effect on Monday, has prompted the Canadian Civil Liberties Association (CCLA) and the Criminal Lawyers’ Association to file an urgent constitutional challenge against these new provisions. The groups have requested an injunction to temporarily halt the implementation of these changes while the courts assess their legality.
In a joint statement, both organizations expressed their concerns, stating that “cash bail creates two tiers of justice: one for the rich, and the other for the rest of us.” They pointed out that individuals who are presumed innocent but unable to afford the cash bail may face penalties or, in some cases, may not be released if a surety is unwilling to step forward.
The joint statement further argued that mandatory cash bail disproportionately affects first-time accused persons and individuals accused of non-violent offenses. They anticipate that these changes will exacerbate the overcrowding in Ontario prisons, which are already facing inhumane conditions.
Moreover, the organizations contend that the new laws infringe upon the Canadian constitution, highlighting that criminal procedures fall under federal jurisdiction. They also referenced the Charter right, which guarantees individuals the right not to be denied reasonable bail.
In conclusion, the statement by the CCLA and Criminal Lawyers’ Association pointed out that the province already possesses sufficient tools to address violations of bail conditions. They emphasized that seeking forfeiture of an amount pledged when a bail condition is violated is already within the province’s capabilities, making the new cash bail requirement unnecessary.
