This week, Ontario’s government rolled out new rules for the bail system, mandating that a detainee or their surety (a person willing to pay for the detainee, typically a friend or family member) must make a cash deposit upfront to be released.
Previously, a detainee or their surety only had to prove they could pay and would only have to pay if bail conditions were breached.
The changes to cash bail aim to keep violent and repeat offenders incarcerated and simplify the process for collecting bail payments within the justice system.
“We want to ensure there’s accountability when individuals don’t follow through on their commitments,” says Ontario Attorney General Doug Downey. “And we aim to improve our tools so judges and JPs (Justices of the Peace) have better information about those putting up bail, allowing us to collect if there’s a default, along with developing other supporting technology.”
These adjustments have sparked discussions about their benefits, alongside criticisms from legal professionals: Last year, the Ontario Bar Association (OBA) wrote a letter opposing these changes to Ontario’s Ministry of the Solicitor General.
“Respectfully, we believe this proposed reform should not be pursued. Implementing a cash bail system brings significant unintended consequences that contradict the Ministry’s goals of enhancing public safety and improving court efficiency,” states the letter.
Among OBA’s concerns is that increasing scrutiny of sureties and maintaining databases with this information might discourage people from becoming sureties at all.
However, Downey dismisses that perspective by saying that the goal “isn’t primarily about discouraging anyone. It’s about ensuring judges and JPs receive accurate information regarding surety records and how they are performing.”
The new cash bail policy is already facing legal pushback from both the Canadian Civil Liberties Association (CCLA) and the Criminal Lawyers’ Association. They filed this challenge on Monday, coinciding with the rollout of this new system.
Both CCLA and OBA have expressed worries that cash bail may create an unequal justice system where how long someone stays in jail depends on their financial capacity (or that of their loved ones), disproportionately affecting marginalized communities like many Indigenous groups across Canada.
“The alternative is someone promises they will provide money but can’t follow through because of circumstances,” says Downey while addressing these concerns. “And unfortunately, judges and the system aren’t holding them accountable. That poses its own challenges.”
“In essence, I believe no one should make promises to courts if they can’t fulfill them,” he adds. “That was happening too frequently before.”
The OBA also highlights issues related to overcrowding in Ontario’s jails; currently, there are far more inmates than available beds in facilities throughout the province.
Importantly, OBA warns that cash bail could worsen overcrowding by leaving more detainees unable to meet their bail requirements-this might ultimately lead some criminals receiving reduced sentences due to poor conditions in pre-trial detention.
In one extreme case last year involving R. v. K. P., an attempted murderer saw their 21-year sentence cut down to 16 years because of “excessively harsh presentence conditions of confinement.”
Downey refutes claims that cash bail will “affect anything concerning this issue” while noting efforts underway in Ontario aimed at expanding jail capacity as part of tackling overcrowding.
Despite these worries being raised, Downey mentions he’s received positive feedback regarding these changes from community members.
“I can say it has been welcomed positively by many citizens. People appreciate our initiatives aimed at enhancing community safety.”
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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