Ontario’s new cash bail system has been put on hold while a judge weighs a challenge to its constitutionality.
The Canadian Civil Liberties Association and the Criminal Lawyers’ Association were granted an injunction Monday, after their lawyers and those for the province presented their arguments in court last week.
The new rules kicked in earlier this month and require people accused of a crime and granted bail to provide a cash security deposit within two business days of their release.
Previously, they only had to hand over the money if the release conditions were breached and the court ordered payment.
The two legal organizations argue in their challenge that the rule change infringes on federal jurisdiction and will make bail harder to obtain, particularly for marginalized people.
The province, meanwhile, argues it’s an administrative change that does not affect the conditions of release.
In his ruling Monday, Ontario Superior Court Justice William Chalmers said he is satisfied the organizations have established that there may be irreparable harm if an injunction is not granted while he decides on the case.
“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.
Legal groups challenge Ontario’s new cash bail system in court
Legal groups question constitutionality of Ontario’s new cash bail system
“I am also satisfied that there is no harm to the province if the injunction is granted,” he continued. “The status quo that has been in place for over 50 years will be maintained for the limited period before my ruling on the constitutionality of the legislation is released.”
More to come.
