An Ontario Superior Court judge has granted bail to a woman accused of human trafficking without requiring a cash deposit, defying new provincial regulations that mandate full payment within 48 hours. Justice Scott Cowan in Milton released the woman on Wednesday after she and her sureties offered $11,000 and committed to payment.
Recent changes to the bail system in Ontario now mandate that individuals facing criminal charges and granted bail must provide a cash security deposit upon release. Previously, this money would only be forfeited if the accused violated their release conditions and the court ordered the payment.
The alterations, announced by Ontario’s Attorney General Doug Downey on August 14, came into effect on Monday. The 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 inequitable.
Jessyca Greenwood, the vice president of the CLA, highlighted that in case of a conflict between federal laws such as the Criminal Code and provincial regulations, federal law takes precedence. The Criminal Code empowers judges to grant bail with stringent conditions, she emphasized.
The constitutional challenge by the CCLA and CLA is scheduled to be heard in court next week. Greenwood expressed concerns over the requirement for individuals to pay for bail, stressing that those without financial means might be unfairly detained.
Defence lawyer Leora Shemesh, representing the woman in question, affirmed that her client was released under strict conditions and emphasized the presumption of innocence. Shemesh stated that her client, who has no criminal record, was granted bail with a promise to pay, which aligns with the principles of fundamental justice.
Responding to the judge’s decision, Hannah Jensen, spokesperson for Ontario Premier Doug Ford’s office, defended the new rules as necessary to safeguard the public. The changes aim to make bail more meaningful and impactful in order to protect victims and communities, Jensen explained.
The CCLA and CLA asserted that the new cash bail system infringes upon the Constitution, contending that criminal procedures fall under federal jurisdiction. They argued that the province cannot override federal law and must respect individuals’ Charter rights, including the right to reasonable bail.
The groups stated that enacting unconstitutional laws is not an appropriate way to administer the criminal justice system and emphasized that existing tools can address bail condition violations without resorting to mandatory cash bail.