Ontario’s recent changes to the cash bail system have been paused as a judge reviews a challenge to its legality. The Canadian Civil Liberties Association and the Criminal Lawyers’ Association have successfully obtained an injunction following a hearing where arguments from both sides were presented.
The updated regulations, which went into effect earlier this month, mandate that individuals accused of a crime and granted bail must now provide a cash security deposit within two business days of their release. Previously, this requirement only applied if the conditions of release were violated and a court-ordered payment was issued.
The two legal groups contest that this alteration breaches federal jurisdiction and will create obstacles in obtaining bail, particularly for marginalized communities. On the contrary, the province asserts that this is merely an administrative adjustment that does not impact the terms of release.
In his decision, Ontario Superior Court Justice William Chalmers acknowledged the potential harm posed by the new legislation and granted the injunction to prevent any irreversible consequences before the constitutionality of the changes is determined. He emphasized the importance of maintaining the status quo to avoid any adverse effects on individuals seeking release.
