An Ontario Superior Court judge has granted bail to a woman accused of human trafficking in Milton without requiring a cash deposit, despite new provincial regulations mandating full payment within 48 hours. Justice Scott Cowan released the woman on Wednesday after she and her sureties committed to $11,000 and a pledge to pay.
Recently implemented changes to the bail system in Ontario now necessitate individuals accused of a crime and given bail to furnish a cash security deposit upon release. Previously, forfeiture of the money was only required if the accused violated their release conditions and the court demanded payment.
The alterations, announced by Ontario’s Attorney General Doug Downey on August 14, came into effect on Monday. The Canadian Civil Liberties Association (CCLA) and the Criminal Lawyers’ Association (CLA) have initiated a constitutional challenge against the new rules, arguing that “mandatory cash bail” is unjust.
Jessyca Greenwood, the vice president of CLA, emphasized that federal law takes precedence in cases of conflict with provincial laws. She pointed out that the Criminal Code grants judges the authority to impose bail with stringent conditions.
The challenge by CCLA and CLA is scheduled for a court hearing next week. Greenwood expressed concerns about the requirement for individuals to pay for bail, stating that it could prevent those without financial means from being released, which she deemed unfair.
Defense lawyer Leora Shemesh, representing the woman in question, affirmed that her client was released with strict conditions and emphasized her presumption of innocence. Shemesh highlighted that bail was granted based on the principles of fundamental justice and stressed that the mechanism for monetary forfeiture upon bail violation has always been part of the system.
Responding to the judge’s decision, a spokesperson for Ontario Premier Doug Ford’s office, Hannah Jensen, stated that the new rules aim to safeguard the public by preventing violent offenders from being released shortly after committing a crime. The changes are intended to make bail more impactful and consequential to enhance protection for victims and communities.
The CCLA and CLA argued in a press release that the new cash bail system infringes upon the Constitution, asserting that criminal procedure falls under federal jurisdiction, and the discretion to order a security deposit or cash bail rests with a justice as outlined in the federal Criminal Code. They contended that the province cannot alter federal law and highlighted the violation of the right to reasonable bail under the Charter.
Overall, the ongoing dispute underscores the clash between provincial regulations and federal laws concerning bail procedures in Ontario.
