Legal groups challenge Ontario’s new cash bail system in court

Two legal organizations argue Ontario’s new rules requiring a cash deposit for bail encroach on federal jurisdiction and will make it harder for people to be released as they await trial.

The Canadian Civil Liberties Association and the Criminal Lawyers’ Association are challenging the constitutionality of Ontario’s new cash bail system in court Thursday.

The new rules, which took effect earlier this month, require people accused of a crime and granted bail to provide a cash security deposit within two days of their release.

Previously, they only had to forfeit the money if release conditions were breached and the court ordered payment.

The organizations leading the court challenge argue the change contradicts the Criminal Code, which they say explicitly directs courts to favour a promise to pay over a cash payment.

They argue the switch to a cash deposit will deter people from acting as sureties and effectively keep more people accused of a crime behind bars, particularly those with low or fixed incomes.

The two associations are asking the court to scrap the rules as unconstitutional and put them on hold while the case is decided.

Ontario Superior Court Justice William Chalmers, who is hearing the case, raised the possibility that the new rules may have unintended consequences, such as leading justices of the peace to release people without a monetary pledge.