An Ontario Superior Court judge has granted bail to a woman facing human trafficking charges without requiring a cash deposit, despite recent provincial regulations mandating full payment within 48 hours. Justice Scott Cowan released the woman in Milton after she and her sureties promised $11,000. Previously, accused individuals only forfeited the money if they violated their release conditions.
The provincial changes announced by Ontario’s Attorney General Doug Downey came into effect this week, requiring those granted bail to provide a cash security deposit upon release. The Canadian Civil Liberties Association (CCLA) and the Criminal Lawyers’ Association (CLA) have challenged these new rules, arguing that mandatory cash bail is unjust. The challenge will be heard in court next week.
Defence lawyer Leora Shemesh, representing the woman, stated that her client was released under strict conditions and emphasized her presumption of innocence. Shemesh highlighted that bail release is a fundamental right and that the system includes mechanisms to reclaim funds if bail conditions are violated.
In response to the judge’s decision, Hannah Jensen, a spokesperson for Ontario Premier Doug Ford’s office, defended the new rules, emphasizing the need to protect the public from violent offenders. The changes aim to make bail more significant and ensure the justice system can safeguard victims and communities.
The CCLA and CLA asserted that the new cash bail system infringes on the Constitution, stating that criminal procedure falls under federal jurisdiction and the Criminal Code grants judges discretion on requiring security deposits or cash bail. They criticized the province for potentially violating Charter rights and urged for a more constitutionally sound approach in the administration of the criminal justice system.
