The Maplehurst Correctional Complex is shown in Milton, Ont., on Friday, March 8, 2024. THE CANADIAN PRESS/Nathan Denette Nathan Denette
Two legal organizations argued Thursday that Ontario’s new cash bail rules overstep federal authority and will make it harder for individuals to get released while awaiting trial. They are asking the court to eliminate these regulations.
The Canadian Civil Liberties Association and the Criminal Lawyers’ Association are questioning the constitutionality of Ontario’s cash bail system and requesting an injunction to pause the rules until the case is resolved.
These new regulations, which began earlier this month, mandate that people accused of a crime who receive bail must provide a cash security deposit within two days of being released. If they fail to do so, they could face provincial charges, according to court statements.
Barrie’s News Delivered To Your Inbox
Stay up to date with what Barrie’s talking about. Get the latest local news delivered right to your inbox every day. Never miss out on what’s going on..
Consent Info
By submitting this form, you are consenting to receive marketing emails from: Central Ontario Broadcasting, 431 Huronia Rd, Barrie, Ontario, CA, https://www. cobroadcasting. com. You can revoke your consent to receive emails at any time by using the Safe Unsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact
In the past, individuals only needed to forfeit their money if they violated release conditions and a court ordered payment.
The groups leading this legal challenge stated on Thursday that this change contradicts the Criminal Code, which clearly indicates that courts should prefer a promise to pay rather than requiring cash upfront.
“Ontario’s new regime reverses that approach by requiring a cash deposit every time a court orders a promise to pay,” said Matthew Gourlay, one of the lawyers representing both associations.
“That’s a direct conflict. The federal law has to prevail in that circumstance, so the provincial law is inoperable.”
According to Gourlay, requiring cash deposits will discourage people from acting as sureties and will keep more individuals accused of crimes behind bars-especially those with lower or fixed incomes who can’t afford such payments.
“This is a sea change in how bail works in Ontario on the ground in hundreds or thousands of cases every day,” he remarked and described how it makes Ontario a “radical outlier” regarding its bail practices.
He added that “the predictable effect of these provisions is that bail will be harder to obtain.”
Lawyers representing the province argued that these organizations are exaggerating how much impact these new rules will have. They claim no one will be detained or have their release order revoked due to these changes.
They also mentioned that this legal challenge relies on “speculation” about what effects might arise from implementing the cash bail system.
Furthermore, province lawyers pointed out that there haven’t been specific instances cited where individuals were kept in jail because of these new regulations. Justice William Chalmers of Ontario Superior Court noted in response that since these rules just took effect last week..
They insisted there’s no infringement on federal powers since bail includes both federal and provincial elements. They argued laws imposing regulatory conditions related to bail without interfering with pre-trial releases fall under provincial control.
Chalmers raised concerns about possible unintended consequences from these new rules-like justices releasing individuals without needing any monetary pledge.
He indicated he plans to deliver his decision regarding the requested injunction early next week but will take additional time before ruling on the constitutional issue at hand.
This report by The Canadian Press was first Aug. 27, 2026.
What do you think of this article?
Source link
Source link
