The Maplehurst Correctional Complex is shown in Milton, Ont., on Friday, March 8, 2024. THE CANADIAN PRESS/Nathan Denette
A judge has put a stop to Ontario’s new cash bail system while considering whether it’s constitutional.
The Canadian Civil Liberties Association and the Criminal Lawyers’ Association received an injunction on Monday after their legal teams and those representing the province argued their cases last week.
The updated rules took effect earlier this month and require individuals accused of crimes who are granted bail to provide a cash security deposit within two business days of being released.
Previously, they only needed to pay if they violated release conditions and the court ordered it.
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These two legal groups argue in their challenge that this change oversteps federal authority and goes against the Criminal Code, which they claim clearly instructs courts to prefer a promise to pay instead of requiring cash.
They believe this shift will make it harder for people, especially those from marginalized communities, to secure bail since they may lack funds for a deposit or may struggle to find someone willing to back them financially.
On the other hand, the province maintains that it’s just an administrative adjustment that doesn’t alter release conditions. They assert that the challenge is based on “speculation” regarding how this new cash bail system will actually impact individuals.
In his ruling on Monday, Ontario Superior Court Justice William Chalmers expressed that he believes the legal groups have shown there could be irreparable harm if an injunction isn’t granted while he reviews the case.
“The effect of the impugned legislation may result in persons who would have otherwise been released, having their release denied or delayed because of the difficulty.. in securing an able and willing surety,” he wrote.
“I am also satisfied that there is no harm to the province if the injunction is granted,” he added. “The status quo that has been in place for over 50 years will be maintained for the limited period before my ruling on the constitutionality of the legislation is released.”
The organizations welcomed this decision in a statement.
A spokesperson for Attorney General Doug Downey stated that the provincial government won’t apologize for its attempts to reform bail procedures.
“We are using every tool available to make bail more consequential to protect victims and communities,” Julia Facca said in an email. “As this matter is before the court, we have no further comment.”
This report by The Canadian Press was first Aug. 31, 2026.
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