Ontario is set to implement significant changes to its bail system starting Monday, but two organizations are preparing to legally challenge the requirement for a cash security deposit upon release, arguing that it violates the constitution.
The Canadian Civil Liberties Association (CCLA) and Criminal Lawyers’ Association (CLA) announced on Friday their intention to file a constitutional challenge against the introduction of “mandatory cash bail,” deeming it inequitable. They assert that the new bail system creates disparities in justice, favoring the wealthy while penalizing those who cannot afford to pay or secure a surety.
The CCLA and CLA underscore that mandatory cash bail applies to individuals presumed innocent, including first-time accused individuals facing non-violent charges. They express concerns that this practice will exacerbate overcrowding in Ontario prisons, leading to inhumane conditions.
According to the CCLA and CLA, justices have the discretion to order a security deposit under the Criminal Code, and the province is not authorized to amend federal law. They argue that the Ontario government must adhere to the right enshrined in section 11(e) of the Canadian Charter of Rights and Freedoms, which guarantees the right to reasonable bail without denial.
Under the new legislation effective Monday in Ontario, individuals granted bail must provide a full cash security deposit within two business days of release, either by themselves or through a surety. This requirement impacts those charged with offenses in Ontario, with a surety assuming responsibility for ensuring the accused complies with bail conditions.
If the accused person adheres to the terms of release and submits the cash deposit, the amount will be refunded upon case conclusion or fulfillment of the surety’s obligations, as stated by the Ontario government. In cases of non-compliance with bail conditions, the court may order the forfeiture of the cash deposit, leading to automatic recovery.
Previously, no cash deposit was mandated if the court ordered a release based on a promise to pay. This arrangement meant that the surety or accused person was obligated to pay only if the accused failed to comply with release conditions and payment was ordered by the court.
In addition to these changes, sureties are now required to provide updated contact and identification details to facilitate effective collection of forfeited bail money by the province. Failure to comply with these requirements could result in provincial offense charges, the government cautioned.
Moreover, the government emphasized its commitment to enhancing tools for collecting bail debts, including wage and bank account garnishment, property liens, and property seizure and sale. Ontario’s Attorney General Doug Downey emphasized that these bail system reforms aim to safeguard communities and bolster public safety, fulfilling the government’s promise to overhaul the flawed bail system.
Downey stressed the need to prevent a revolving door bail system that jeopardizes innocent individuals, families, and communities. He asserted that the public expects a justice system that provides protection, upholds bail conditions, and enforces consequences for non-compliance.
To bolster compliance and accountability, the government is enhancing digital tools to monitor repeat offenders and individuals who violate bail conditions. This initiative includes establishing a surety database to streamline verification processes, aiming to reinforce adherence to bail terms and enforcement measures.