Ontario's new cash bail system paused after judge finds constitutional questions

Ontario's new cash bail system has been put on hold by court order while a judge weighs whether it violates the Constitution.

Ontario Superior Court Justice William Chalmers granted an injunction Monday after the Canadian Civil Liberties Association and the Criminal Lawyers' Association argued the rules infringe on federal jurisdiction and will make bail harder to obtain, particularly for people without resources. The new rules, which took effect August 17, require people accused of a crime and granted bail to provide a cash security deposit within two business days of their release. Before the change, they only had to hand over money if release conditions were breached and a court ordered payment.

In his ruling, Justice Chalmers wrote that he is satisfied the organizations have established "irreparable harm" if the injunction is not granted. "The effect of the impugned legislation may result in persons who would have otherwise been released, having their release denied or delayed because of the difficulty … in securing an able and willing surety," he wrote. He added that "there is no harm to the province if the injunction is granted," noting that the status quo of over 50 years will be maintained during his constitutional review.

The province argues the rule change is administrative and does not affect the conditions of release itself. The two legal organizations counter that it removes judicial discretion over bail terms and violates the Charter right to reasonable bail.

The injunction returns Ontario to its previous system while the broader constitutional challenge proceeds. No timeline has been set for Justice Chalmers' ruling on the merits.