Ontario judge suspends new bail cash-deposit requirements

Ontario’s new bail rules have been put on hold after a judge found that failing to suspend them could cause irreparable harm. The seven-page decision pauses the Ford government’s requirements until a broader constitutional challenge receives a full hearing.

The rules took effect earlier in the month. Under them, people accused of crimes who receive bail must provide a cash security deposit within two days of their release. Previously, they only had to forfeit the money if they breached release conditions and a court ordered payment.

The Canadian Civil Liberties Association and the Criminal Lawyers’ Association asked the court to strike down the rules as unconstitutional and suspend them in the meantime. They argued that Ontario could not use the rules to remove judicial discretion over bail terms or interfere with the federal government’s jurisdiction.

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I am satisfied that the Applicants have established that irreparable harm may result if the injunction is not granted.

The groups welcomed the injunction in a joint statement, linking their challenge to Section 11(e) of the Canadian Charter of Rights and Freedoms, which protects the right to reasonable bail. Ontario’s attorney general had not immediately responded to a request for comment.

The injunction does not resolve the constitutional challenge. It temporarily prevents the new payment requirements from operating while the court considers the legal arguments.

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Our organizations argued that the province does not have the power under the Constitution to remove judicial discretion to decide the terms of bail or to violate the s. 11(e) Charter right to reasonable bail.