Ontario’s new cash bail system is currently on hold as a judge reviews its constitutionality.
The Canadian Civil Liberties Association and the Criminal Lawyers’ Association received an injunction today after presenting their case alongside the province’s lawyers last week.
The new regulations began earlier this month, requiring individuals accused of a crime and granted bail to pay a cash security deposit within two business days of being released.
Previously, they were only required to submit payment if they violated the release conditions and a court mandated it.
These two legal groups argue that the change violates federal jurisdiction and makes it more difficult for marginalized individuals to secure bail.
The province contends that it’s merely an administrative update that doesn’t alter the terms of release.
In his ruling on Monday, Ontario Superior Court Justice William Chalmers noted he is convinced the organizations have shown there could be irreparable harm if an injunction isn’t granted while he deliberates on 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 continued. “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.”
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