Two legal groups in Ontario are challenging the province’s new bail regulations that now mandate a cash deposit from individuals granted bail for alleged criminal activities. The Canadian Civil Liberties Association and the Criminal Lawyers’ Association have voiced concerns that the new system, implemented recently, could impede the release of individuals awaiting trial.
Under the updated regulations, individuals accused of a crime and given bail must provide a cash security deposit within 48 hours of their release. This is a departure from the previous practice where forfeiture of funds was only required in case of breaching release conditions as directed by the court.
The two organizations leading the legal challenge argue that the revised system contradicts the Criminal Code, which explicitly favors a promise to pay over cash. They believe that the shift to a cash deposit requirement may discourage individuals from acting as sureties, resulting in more accused individuals, especially those with limited financial means, being detained pending trial.
The legal actions seek to have the new rules deemed unconstitutional and temporarily suspended pending a final decision by the court. During the proceedings, Ontario Superior Court Justice William Chalmers raised concerns about unintended consequences of the regulations, including potential scenarios where individuals could be released without any monetary commitment.
