A new Ontario bail law requiring individuals accused of crimes to provide a cash security deposit is now in effect, but two prominent legal rights groups say they will be filing an “urgent” constitutional challenge.
As part of the Ford government’s push for tightening up the bail system through two newer pieces of legislation, anyone accused of a crime that’s released from custody on bail must pay the full amount pledged to the court within two business days.
The government argued the move “strengthens accountability by ensuring financial consequences are immediate” if the accused breaches bail conditions or doesn’t attend court, which would then mean forfeiting bail.
“Bail conditions are not suggestions, they are court orders, and there must be real consequences when they are broken,” Ontario Solicitor General Michael Kerzner said in a statement.
Under previous regulations, a cash deposit wasn’t required if an accused was released by the court on a promise to pay. Ford government officials argued “unnecessary barriers to enforcing bail orders and recovering forfeited bail money” were created because an accused and/or a surety did not have to pay the amount promised unless bail conditions were breached.
Another notable change is the ability to garnish wages and bank accounts, impose property liens, and/or the seizure and sale of property.
Also, sureties (a person or persons who agree to make sure the accused honours bail conditions) will now be required to keep providing up-to-date identification and contact information. If someone fails to do so, they could be charged under the Provincial Offences Act.
The changes, which took effect Monday, prompted Canadian Civil Liberties Association and Criminal Lawyers’ Association to challenge the new provisions.
“Cash bail creates two tiers of justice: one for the rich, and the other for the rest of us. Innocent, but cannot afford to pay? You face penalties, or may not be released if a surety is unwilling to step forward,” a joint statement issued by the organizations on Friday said.
“Mandatory cash bail applies to people presumed innocent, it applies to first-time accused persons and non-violent allegations, and will increase the population of overcrowded Ontario prisons with inhumane conditions.”
The statement argued the new laws violate the Canadian constitution since criminal procedure is under federal jurisdiction. It also noted there is a Charter right to not be denied reasonable bail.
“The province already has tools at its disposal to address violations of bail conditions by seeking forfeiture of an amount pledged when a bail condition is violated,” it said.
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