An Ontario Superior Court judge has granted bail to a woman accused of human trafficking without requiring a cash deposit, contrary to new provincial regulations mandating full payment within 48 hours. Justice Scott Cowan released the woman in Milton on Wednesday after she and her sureties pledged $11,000 and committed to payment.
Recent changes to the bail system in the province stipulate that individuals facing criminal charges and granted bail must furnish a cash security deposit upon release. Previously, forfeiture of the money only occurred if the accused violated their release conditions and the court demanded payment.
Ontario’s Attorney General Doug Downey announced these changes on Aug. 14, which went into effect on Monday. The Canadian Civil Liberties Association (CCLA) and the Criminal Lawyers’ Association (CLA) have initiated a constitutional challenge against the new rules, arguing against the imposition of “mandatory cash bail.”
Jessyca Greenwood, the CLA’s vice president, highlighted that in cases of conflict between federal law, as outlined in the Criminal Code, and provincial statutes, federal law takes precedence. The Criminal Code grants judges the authority to grant bail with stringent conditions, she noted.
The challenge by the CCLA and CLA is scheduled for a court hearing next week. Greenwood emphasized that the requirement for individuals to pay for bail is unconstitutional as it may prevent those without financial means from being released, thus being unjust.
Defence lawyer Leora Shemesh, representing the woman in question, affirmed that her client was released under strict conditions, emphasizing her innocence until proven guilty. Shemesh pointed out that bail release was granted with a promise to pay, and any violation of bail conditions could lead to the government reclaiming the pledged funds, a standard practice within the bail system.
Responding to the judge’s decision, Hannah Jensen, a spokesperson for Ontario Premier Doug Ford’s office, asserted that the new rules aim to safeguard the public by preventing violent offenders, including human traffickers, from being released hastily after committing crimes. The changes are intended to enhance the significance and consequences of bail, ensuring that the justice system can adequately protect victims and communities.
In a news release, the CCLA and CLA argued that the newly introduced cash bail system violates the Constitution, highlighting that criminal procedure falls under federal jurisdiction as per the Constitution and the federal Criminal Code grants discretion to justices regarding the imposition of a security deposit or cash bail. They emphasized that the province cannot alter federal law and must uphold the Charter right to not be unreasonably denied bail. The organizations criticized the enactment of potentially unconstitutional laws as a reckless approach to managing the criminal justice system.