An Ontario Superior Court judge has granted bail to a woman charged with human trafficking, but without requiring her to make a cash deposit, despite new provincial rules mandating payment in full within 48 hours.
Justice Scott Cowan released the woman in Milton on Wednesday after she and her sureties promised $11,000 and agreed to pay it.
Under recent changes made to the bail system by the province this week, individuals accused of crimes who receive bail must provide a cash security deposit upon release. Previously, they or their sureties only had to forfeit the money if the accused violated their release conditions and the court mandated payment.
The changes were announced by Ontario’s Attorney General Doug Downey on August 14 and took effect on Monday.
Two legal groups, Canadian Civil Liberties Association (CCLA) and the Criminal Lawyers’ Association (CLA), have filed a constitutional challenge against the new rules, arguing that “mandatory cash bail” is unfair.
Jessyca Greenwood, vice president of the CLA, stated that if there’s a conflict between federal criminal law and provincial regulations, federal law takes priority. The Criminal Code gives judges discretion regarding granting bail under strict conditions, she explained.
The challenge from CCLA and CLA is set to be heard in court next week.
“We are saying that it’s unconstitutional to require people to pay because if there are those who do not have the means and don’t have the money, they won’t be released and that is unfair,” Greenwood said.
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The Milton, Ont. courthouse is shown on Tuesday, May 5, 2026. The challenge by the CCLA and CLA will be heard in court next week. (Alhmidi Maan/The Canadian Press)
Defence lawyer Leora Shemesh, representing the woman in this case, said via email on Friday that her client was released under strict conditions and that the judge’s decision was correct.
“My client is presumed innocent of all of the charges currently before the court. She and all Canadians are entitled to bail in circumstances where the court deems it appropriate. In this case, my client has no criminal record and we offered a very restrictive plan of release in accordance with the principles of fundamental justice,” Shemesh said.
“My client was released on strict bail with a promise to pay,” she stated. “Should she violate her bail terms, the government may choose to seize those funds. That specific mechanism has always been part of our bail system.”
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Changes aimed at making bail more effective: province
In a statement on Friday, Hannah Jensen from Ontario Premier Doug Ford’s office commented on the judge’s ruling by stating that these new rules aim to safeguard public safety. “It is unacceptable to put violent offenders back out on our streets days or even hours after they commit a crime,” Jensen mentioned. “The justice system has a responsibility to keep human traffickers behind bars.” “Our changes are designed to make bail more real and consequential so that we ensure victims’ protection as well as community safety,” Jensen added. ‘Groups argue ‘province can’t change federal law’ The CCLA and CLA mentioned in their news release that this new cash bail system breaches constitutional rights. They claimed criminal procedure falls under federal jurisdiction according to Constitution law while asserting that only judges can decide whether or not security deposits should be imposed based on discretion outlined within federal laws such as Criminal Code.”.Their release asserted:“The province cannot rewrite federal law. Neither can it infringe upon s.11(e) Charter right which ensures reasonable access into bails.”A further claim pointed out:“The province already possesses tools addressing significant violations occurring through forfeiture option available whenever violating any set condition during bails.”A final note declared concern over “implementing clearly unconstitutional laws could disrupt orderly management relating towards criminal justice systems.”Source link
