Cash Over Justice: Ontario's New Bail Rules Penalize the Poor

OPINION: The Ontario government claims it is closing a "revolving-door" in the justice system, but a closer look at the new bail requirements suggests they are simply replacing a failure of policy with a cash-grab that targets the vulnerable.

As Global News Toronto first reported, Attorney General Doug Downey announced a series of measures in Vaughan designed to crack down on repeat offenders. The centerpiece of this shift is a requirement for a full cash security deposit to be paid within two business days of an accused person's release from custody.

Downey argued that these measures are necessary because the public expects a system that protects them and ensures consequences when bail conditions are ignored. However, the government isn't just asking for the money; they are preparing to hunt for it. Global News Toronto reports that the province is granting itself the power to collect these debts through property liens, the seizure and sale of property, and the garnishment of bank accounts if the accused or their sureties fail to pay.

This is a drastic departure from the status quo. Michael Coristine, a criminal defence lawyer with Coristine Law, told Global News Toronto that while cash-for-bail options have always existed, they were used sparingly. The system typically relied on a "promise to pay," where sureties confirmed they had the funds available rather than being forced to surrender them immediately.

By demanding liquid cash on a 48-hour deadline, the government is effectively creating a barrier to release that has nothing to do with public safety and everything to do with bank balances. Coristine warned Global News Toronto that this could have a "chilling effect," deterring sureties from stepping forward because they are unwilling to empty savings accounts, take lines of credit against their homes, or liquidate investments just to fulfill a promise.

When we prioritize the seizure of assets over the rehabilitation of offenders, we aren't fixing a broken system—we are just making it more expensive to be poor. If the goal is truly to protect communities, the province should be looking at why the "revolving door" exists in the first place, rather than relying on bank account garnishments to provide a veneer of toughness. These changes, which took effect Monday, don't solve recidivism; they just ensure that the path to freedom is paved with cash that many of the accused and their families simply do not have.