Ontario is set to implement a significant alteration to its bail system starting on Monday. However, the Canadian Civil Liberties Association (CCLA) and Criminal Lawyers’ Association (CLA) are gearing up for a legal battle against the requirement for a cash security deposit as part of bail upon release, deeming it unconstitutional.
The CCLA and CLA expressed their discontent in a joint news release on Friday, labeling the introduction of “mandatory cash bail” as unjust. They announced their intention to file a constitutional challenge in the upcoming week.
The associations criticized the system for creating a disparity in justice based on wealth, highlighting the predicament faced by individuals who are innocent but lack the means to meet the cash requirement. They argued that the new policy would lead to overcrowding in Ontario prisons with substandard living conditions.
According to the CCLA and CLA, the decision to order a security deposit lies with the discretion of a justice under the Criminal Code, emphasizing that the province cannot override federal law. They contended that the Ontario government is infringing on the section 11(e) right in the Canadian Charter of Rights and Freedoms, which guarantees the right to reasonable bail.
Under the new Ontario legislation taking effect Monday, individuals granted bail after being charged with crimes will now have to fulfill a “mandatory cash bail” requirement within two business days of release. This cash security deposit can be paid by either the accused or their surety.
The Ontario government clarified that if the bail conditions are met and the cash deposit is paid, the amount would be returned upon conclusion of the case or fulfillment of the surety’s obligations. Failure to abide by the bail conditions would lead to automatic recovery of the deposited money upon court order forfeiture.
In a bid to strengthen the bail system, the government also outlined additional requirements for sureties, including providing updated contact and identification details. Non-compliance with these obligations could result in provincial offense charges.
Ontario’s Attorney General, Doug Downey, underscored the government’s commitment to enhancing public safety through bail system reforms. Downey emphasized the importance of accountability and enforcement in ensuring that bail conditions are adhered to, mentioning the implementation of digital tools to monitor repeat offenders and ensure compliance.
The measures introduced by the Ontario government aim to bolster compliance, accountability, and enforcement within the justice system, with a focus on safeguarding communities and upholding public safety.