Ontario's mandatory cash bail system launches Monday as civil liberties groups file constitutional challenge

Ontario is launching a mandatory cash bail system on August 19, requiring accused persons to post cash deposits within two business days of release. But the Canadian Civil Liberties Association and Criminal Lawyers' Association are filing a constitutional challenge, arguing the system violates the right to reasonable bail under the Canadian Charter of Rights and Freedoms.

"Cash bail creates two tiers of justice: one for the rich, and the other for the rest of us," the groups said in a statement Friday. "Innocent, but cannot afford to pay? You face penalties, or may not be released if a surety is unwilling to step forward."

Under the old system, courts could order a promise to pay without requiring upfront cash. Now, the full amount must be paid immediately or the accused stays in custody. If bail conditions are met, the deposit is returned when the case concludes.

The province said strengthening bail collection tools—wage garnishment, bank account freezes, property liens, and asset seizure—will help recover forfeited amounts. Sureties must also provide updated contact and identification information or face provincial offence charges.

Attorney General Doug Downey said Friday the changes are part of efforts to protect public safety and strengthen communities. The groups challenging the policy say it will increase Ontario's already overcrowded prison populations.