Ontario rolled out new regulations for the bail system on Monday, mandating that a security deposit must be paid by individuals accused of crimes before they can be released on bail.
Previously, those on bail or their sureties (friends or family members agreeing to pay on behalf of the accused) only needed to show they could afford to pay and would only need to provide funds if they breached their bail terms.
Under the new rules, payment is required upfront before release, with a guarantee that the money will be refunded if all conditions are followed.
This change comes through Bill 75, known as the Keeping Criminals Behind Bars Act. The Ontario government presents it as a method to prevent violent and repeat offenders from being released into communities.
“Enough is enough. People deserve to feel safe in their neighbourhoods and confident that those who pose a serious risk will not be released only to reoffend,” stated Ontario Attorney General Doug Downey regarding these changes.
However, these new cash bail measures are already encountering pushback from Canada’s legal sector: the Canadian Civil Liberties Association (CCLA) and the Criminal Lawyers’ Association have initiated a court challenge against these changes just as they took effect.
“We believe that the province does not have the authority under the Constitution to implement these new rules because bail law itself is defined in the federal Criminal Code,” explains Shakir Rahim, Director of Criminal Justice for CCLA. “It clearly states that a justice has discretion over whether or not to impose cash bail.”
Rahim further argues that these modifications infringe upon section 11E of the Charter of Rights and Freedoms, which assures individuals cannot be denied reasonable bail.
“The practical outcome of this policy creates two levels of justice: those who can afford it can secure their release while those without means may remain incarcerated longer simply due to lack of immediate funds,” adds Rahim.
He also points out Canada’s legal principle of ‘innocent until proven guilty’, noting that approximately half of cases in Ontario do not result in conviction: “there will be people who might never be found guilty at all but because of these new punitive measures and their inability to pay will spend more time behind bars when they could have otherwise secured release.”
The CCLA has filed for an urgent injunction in this matter; if approved, it could delay enforcement of the new regulations until a final decision is made.
It may take a year or longer for this case to fully progress through the courts.
In the meantime, Rahim has criticized provincial actions, questioning why changes were made that contradict federal criminal code provisions.
“It’s a pretty straightforward argument, so you have to wonder why is the province spending so much time and effort on something that’s likely going to be overturned?” he asks. “This suggests there’s some bad faith involved and politicization rather than genuine policy-making.”
The Acadia Newsroom has reached out to the Ministry of the Attorney General seeking comment or an interview but had yet to receive any response at publication time.
Sam Goldstein is a 2025 graduate of the Seneca Polytechnic journalism program. Sam’s great passions are for history, politics, and food. Born and raised in Toronto, he works as a multimedia journalist in Thunder Bay. You can reach him at goldsteins@radioabl. ca.
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