Ontario’s recently implemented cash bail system is facing a temporary halt as a judge assesses a challenge to its constitutionality. The Canadian Civil Liberties Association and the Criminal Lawyers’ Association secured an injunction on Monday following a court hearing where arguments from both sides were presented. Under the new regulations that came into effect this month, individuals accused of a crime and granted bail must provide a cash security deposit within two business days of their release, a departure from the previous requirement of only paying if release conditions were breached. The two legal groups contend that this rule change encroaches on federal jurisdiction and will disproportionately impact marginalized individuals seeking bail. On the other hand, the province maintains that it is an administrative adjustment that does not alter the terms of release.
Ontario Superior Court Justice William Chalmers expressed concern about potential harm if the injunction is not granted while the case is under review. He acknowledged that the legislation could lead to individuals who would have otherwise been released being denied or delayed release due to challenges in securing a suitable surety. Justice Chalmers emphasized that granting the injunction would not harm the province and would maintain the longstanding status quo until a ruling on the legislation’s constitutionality is reached. Further developments on this matter are anticipated.
