Ontario judge defies new mandatory cash bail system by releasing accused human trafficker

Justice Scott Cowan released a woman accused of human trafficking without requiring a cash deposit under Ontario's new mandatory cash bail system — a direct violation of rules that took effect this week.

The new system requires full payment within 48 hours when bail is ordered. The provincial government says the change "strengthens accountability by ensuring financial consequences are immediate when the court orders forfeiture of bail money."

The woman, arrested along with eight others in connection with an alleged commercial sexual exploitation network, was released on a $1,000 pledge instead. Her defence lawyer, Leora Shemesh, called the judge's decision "courageous" and noted her client has no criminal record and is presumed innocent.

Premier Doug Ford's office pushed back, with a spokesperson saying "the justice system has a responsibility to keep human traffickers behind bars." The statement did not directly address the judge's reasoning.

The Canadian Civil Liberties Association and Criminal Lawyers' Association have launched a constitutional challenge to the law, arguing that "cash bail creates two tiers of justice: one that works for the rich, and one that needlessly punishes the rest of Ontarians." Cowan's decision marks one of the first judicial rejections of the new rules.