An Ontario Superior Court judge has granted bail to a woman accused of human trafficking without requiring a cash deposit, despite recent provincial regulations mandating full payment within 48 hours. Justice Scott Cowan released the woman in Milton on Wednesday after she and her sureties pledged $11,000 and committed to payment.
The province’s revised bail system now stipulates that individuals accused of a crime and granted bail must provide a cash security deposit upon release. Previously, forfeiture of the money was only necessary if the accused violated their release terms and the court demanded payment.
Ontario’s Attorney General Doug Downey announced these changes on August 14, and they came into effect on Monday. In response, the Canadian Civil Liberties Association (CCLA) and the Criminal Lawyers’ Association (CLA) have initiated a constitutional challenge against the new regulations, arguing that “mandatory cash bail” is unjust.
Jessyca Greenwood, vice president of the CLA, highlighted that the federal Criminal Code supersedes provincial laws in cases of conflict. She emphasized that the Criminal Code empowers judges to grant bail with stringent conditions.
Defense lawyer Leora Shemesh, representing the woman in question, affirmed that her client was released under strict conditions, stating that everyone is entitled to bail where deemed appropriate. Shemesh emphasized that her client has no criminal record and was offered a stringent release plan in line with principles of justice.
Responding to the judge’s decision, a spokesperson for Ontario Premier Doug Ford’s office, Hannah Jensen, emphasized that the new rules aim to safeguard the public by preventing violent offenders, including human traffickers, from being released quickly after committing crimes.
The CCLA and CLA contend that the new cash bail system encroaches on federal powers as criminal procedure falls under federal jurisdiction according to the Constitution and the Criminal Code. They argue that the province cannot alter federal law and must respect individuals’ Charter rights, including the right to reasonable bail.
In conclusion, the ongoing legal challenge against Ontario’s cash bail system questions its constitutionality and underscores the need for a balanced approach in administering the criminal justice system.
