Ontario's new cash bail law takes effect, civil rights groups file urgent constitutional challenge

Ontario's new mandatory cash bail system took effect Monday, requiring anyone released on bail to deposit the full pledged amount within two business days. But two major legal rights groups are already preparing an urgent constitutional challenge.

Under the previous system, accused persons didn't have to pay unless they breached bail conditions. The Ford government argued the change strengthens accountability by creating immediate financial consequences for bail violations. "Bail conditions are not suggestions, they are court orders, and there must be real consequences when they are broken," Solicitor General Michael Kerzner said.

The new law also allows authorities to garnish wages and bank accounts, impose property liens, and seize property. Sureties — people who pledge to ensure an accused honours bail conditions — must now keep providing updated identification and contact information or face charges under the Provincial Offences Act.

The Canadian Civil Liberties Association and Criminal Lawyers' Association issued a joint statement Friday opposing the changes. "Cash bail creates two tiers of justice: one for the rich, and the other for the rest of us," they said. "Innocent, but cannot afford to pay? You face penalties, or may not be released if a surety is unwilling to step forward."

The groups argue the law violates the Canadian constitution because criminal procedure falls under federal jurisdiction, and that it breaches Charter rights to reasonable bail. They also point out the law applies to people presumed innocent, including first-time accused and those facing non-violent charges, and warn it will increase Ontario's already overcrowded prison population.

"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," the statement said.