Ontario is set to implement a significant adjustment to its bail procedures beginning this Monday, but two organizations are preparing to legally challenge the requirement of an upfront cash security deposit for bail upon release, citing it as unconstitutional.
The Canadian Civil Liberties Association (CCLA) and Criminal Lawyers’ Association (CLA) announced on Friday that they find the introduction of “mandatory cash bail” to be unfair. They have indicated their intention to initiate a constitutional challenge in the coming week.
According to the associations, the implementation of cash bail creates a disparity in the justice system, favoring the wealthy while penalizing those who cannot afford it. They argue that this new requirement applies even to individuals presumed innocent, including first-time accused individuals facing non-violent charges, leading to a rise in the number of inmates in crowded Ontario prisons under substandard conditions.
The CCLA and CLA assert that while a judge has the discretion to order a security deposit under the Criminal Code, the province lacks the authority to alter federal law. They maintain that the Ontario government must not infringe upon the right protected under section 11(e) of the Canadian Charter of Rights and Freedoms, which guarantees the right to reasonable bail.
Under the new legislation set to take effect on Monday, individuals granted bail in Ontario must pay a “mandatory cash bail” within two business days of their release to secure their freedom. This requirement impacts those accused of crimes in the province, with a surety being responsible for ensuring the accused complies with bail conditions.
The Ontario government clarified that if the accused adheres to the bail terms and the cash deposit is paid, the amount will be refunded at the conclusion of the case or upon the fulfillment of the surety’s obligations. In cases of non-compliance with bail conditions, the forfeited money will be automatically recovered as per court orders.
Previously, no cash deposit was necessary when a release was ordered based on a promise to pay, meaning the pledged amount only had to be paid if the accused failed to adhere to the conditions set by the court.
Additionally, as part of the bail system reforms, sureties will be mandated to provide updated contact and identification details to facilitate effective collection of forfeited bail money. Failure to comply with these requirements may result in provincial offense charges, the government explained.
Ontario’s Attorney General Doug Downey emphasized during a news conference on Friday that the changes to the bail system are intended to enhance public safety and protect communities. Downey stated that the government’s commitment to overhaul the flawed bail system is being upheld through decisive measures.
The government is also focusing on enhancing digital tools to monitor repeat offenders and individuals who violate bail conditions, including the establishment of a surety database to streamline verification processes, according to Downey.
In conclusion, these measures are aimed at reinforcing compliance, accountability, and enforcement within the justice system to ensure that bail conditions are respected and enforced effectively.
