Ontario's new cash bail system is currently paused as a judge deliberates on its constitutional validity following a legal challenge. The Canadian Civil Liberties Association and the Criminal Lawyers’ Association were granted an injunction on Monday, after presenting their arguments to the court last week, contesting the new regulations.
The revised bail rules, which were implemented earlier this month, mandate that individuals accused of crimes and granted bail must provide a cash security deposit within two business days of their release. Previously, such a deposit was only required if the individual violated the conditions of their release and the court ordered payment thereafter.
The two legal organizations argue that this rule change violates federal jurisdiction and contradicts the Criminal Code. They contend that the code explicitly instructs courts to prioritize a promise to pay over an upfront cash payment, implying the new system can create significant barriers to securing bail. The plaintiffs assert that the shift disproportionately impacts marginalized individuals who may lack the financial means for a cash deposit or the ability to find a surety with the necessary funds.
In contrast, the provincial government defends the bail reform as an administrative adjustment that will not alter the underlying conditions of release. They argue that the opposition's claims are based on "speculation" regarding the repercussions of the new cash bail system.
Ontario Superior Court Justice William Chalmers, in his ruling, expressed that he is convinced the legal challenges have demonstrated a potential for irreparable harm should an injunction not be granted while he considers the case. He noted that the implementation of the disputed legislation could lead to situations where individuals who would otherwise have been released might find their release denied or delayed due to challenges in securing a willing and capable surety.
Justice Chalmers further stated, "I am also satisfied that there is no harm to the province if the injunction is granted," emphasizing that the status quo, which has remained in effect for over 50 years, will be preserved for the time being until he reaches a decision on the constitutional aspects of the new legislation.
Following the ruling, representatives from the Canadian Civil Liberties Association and the Criminal Lawyers’ Association expressed their satisfaction with the decision in a public statement. Meanwhile, Julia Facca, a spokesperson for Attorney General Doug Downey, reaffirmed the provincial government's commitment to reforming the bail system. She stated, "We are using every tool available to make bail more consequential to protect victims and communities," while also indicating that no further comments would be made as this matter is being addressed in court.
